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Teresa McQueen
Western Growers, Corporate Counsel III

Teresa McQueen is Corporate Counsel III for Western Growers. In that capacity she provides advice and counsel to the organization on employment law matters and commercial trade practices. She also provides legal guidance to Western Growers members on employment law, human resources, and commercial agreements, as well as providing law-related educational opportunities and overseeing annual […]

Posts By: Teresa McQueen

Marijuana Rescheduling: What Employers Need to Know Now 

A recent shift in federal policy has changed how marijuana is classified, but not as dramatically as headlines suggest. In April 2026, the Department of Justice reclassified certain marijuana products, specifically FDA-approved drugs and state-licensed medical marijuana, as Schedule III under the Controlled Substances Act.   This change introduces a new dual…

California Local Minimum Wage Increases Take Effect July 1, 2026

California employers with operations in certain cities and counties should prepare for local minimum wage increases effective July 1, 2026. Many California jurisdictions adjust their rates annually based on the Consumer Price Index (CPI), and most have now issued official notices confirming their 2026 rates.   It is important to note that these local rates often exceed…

Best Practices: Attendance Policies Still Matter

A recent federal court decision highlights an important takeaway for employers: consistently enforced attendance policies and well-documented decision-making can be a strong defense against discrimination and retaliation claims. At issue in the case was whether the employee’s termination was based on consistently documented attendance policy violations as opposed to allegedly discriminatory…

California Executive Order Signals Increased Scrutiny of AI’s Impact on the Workforce

California Governor Gavin Newsom recently issued Executive Order N-6-26 (EO), directing state agencies to evaluate how Artificial Intelligence (AI) may affect workers, businesses, and communities across the state. While the order does not impose any immediate legal obligations on private employers, it signals California’s growing focus on the workplace impacts of AI and could shape…

Best Practices for CA and AZ Employers: Donning and Doffing

“Donning and doffing” refers to the time employees spend putting on and removing required clothing, protective equipment, safety gear, or other work-related items. Whether this time must be paid can present significant compliance challenges for employers under both federal and state wage and hour laws.  Because compensability depends heavily on the specific facts and circumstances of the…

EEOC Requests Recission Review of EEO-1 Reporting Requirements

The Equal Employment Opportunity Commission (EEOC) has submitted a regulatory review request to the Office of Information and Regulatory Affairs (OIRA) that could eventually lead to the rescission of certain long-standing EEO data collection requirements, including EEO-1 reporting obligations. EEO-1 reports are currently required from private employers with 100 or more employees and certain…

DOL Formally Rescinds the 2024 Federal Overtime Rule

The U.S. Department of Labor (DOL) has formally rescinded the 2024 federal overtime rule. In a final rule published May 15, 2026, the DOL removed the 2024 changes from the federal overtime regulations and restored the prior exemption standards established under the 2019 rule. The recission is a technical correction accounting for changes in the law that have already…

Best Practices: When Workplace Policies Create Compliance Risk

The California Civil Rights Department (CRD) recently announced a $300,000 settlement with the University of California San Francisco (UCSF) over allegations that the university failed to properly respond to an employee’s request for a remote work accommodation related to a disability. Beyond the financial settlement, the case serves as an important reminder that employers should regularly…

July 1 Deadline Fast Approaching for CA Workplace Violence Training

For many employers, July 1 marks the annual deadline for California workplace violence prevention training compliance. Ahead of this fast-approaching deadline, impacted employers should review their Workplace Violence Prevention Plans (WVPPs) and begin scheduling required employee training.  Under California Labor Code section 6401.9 (SB 553), employers must establish, implement,…

Missed the May 13 Pay Data Reporting Deadline? Here’s What to Do Next

California employers covered by the state’s pay data reporting requirements are reminded that annual pay data reports to the California Civil Rights Department (CRD) were due May 13, 2026. Employers that have not yet submitted their reports should act quickly to complete their filings.  California law requires private employers with 100 or more payroll employees, including employers…

Navigating Recent USCIS Changes: Updated I-9 Audit Review Essentials (June 10 Webinar)

Join us for a live webinar designed to help agricultural operations understand and respond to the latest updates from USCIS regarding the   I-9 audit review process. Presented by Western Growers Association’s Corporate Counsel, Teresa McQueen, this program will cover the new standards introduced by USCIS and offer employers practical guidance to mitigate risk and ensure compliance with…

Best Practices: The Cost of Reactive Rulemaking

Implementing or amending workplace policies as a reaction to a single event, without conducting a thorough compliance review, can expose employers to considerable liability. This is best illustrated by the California Civil Rights Department's recent settlement of $255,000 regarding an individual claim involving allegations of harassment, discrimination, and retaliation based on national…

Best Practices: The Rise of Protected Political Activity

Political and social activism are increasingly overlapping within the workplace, frequently catching employers off guard; particularly in non-union environments. While employees do not have a general right to engage in all political activity at work, the National Labor Relations Act (NLRA) may protect certain political advocacy when it qualifies as protected concerted…

OSHA Updates NEP Protecting Workers from Indoor, Outdoor Heat Hazards

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has updated its National Emphasis Program (NEP) that protects workers from outdoor and indoor heat-related illness. Originally issued in April 2022, the revised National Emphasis Program – Outdoor and Indoor Heat-Related Hazards uses OSHA and the Bureau of Labor Statistics data from calendar…

ICE Updates I‑9 Inspection Process and Enforcement Consequences

U.S. Immigration and Customs Enforcement (ICE) has issued updated guidance outlining how Form I‑9 inspections are conducted and the potential consequences of noncompliance under the Immigration and Nationality Act (INA). The updated Fact Sheet provides greater detail regarding inspection procedures, employer obligations, and enforcement outcomes associated with Form I‑9…

U.S OSHA Launches New ‘OSHA Cares’ Initiative

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has launched a new safety initiative called OSHA Cares; an agency-wide effort focused on helping businesses meet federal workplace safety requirements.  According to OSHA, through the OSHA Cares initiative, the agency hopes to empower employers to improve workplace safety – particularly small and…

Arbitration Agreements: Small Details Can Make a Big Difference

A recent California Court of Appeal decision upheld an employer’s arbitration agreement, sending the employee’s individual claims to arbitration and dismissing the class claims. Important for employers is the court’s clear message that small drafting details can make a big difference in whether an arbitration agreement holds up to court scrutiny.  In the case Tuufuli v. West…

Best Practices: Don’t Let Leave Policies Create Liability

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit alleging a Florida poker room has violated the Pregnant Workers Fairness Act (PWFA) by refusing to provide reasonable accommodations to pregnant workers.  According to the EEOC, BestBet, Florida’s largest poker room, maintained a strict policy requiring employees to resign if they missed two weeks or more…

New Cemex Ruling Challenges NLRB Authority

As discussed here, the 2023 National Labor Relations Board (NLRB or Board) ruling in Cemex Construction Materials Pacific, LLC (Cemex) deviated significantly from decades-long precedent regarding the voluntary nature of card check recognition.  In Cemex, the Board found that the employer’s anti-union activity so tainted the election that its only remedy was to set aside the election…

CA Compliance Deadline: Emergency Contact Notification Required by March 30, 2026

As discussed here, California’s SB 294—officially titled the Workplace Know Your Rights Act (the Act) and signed into law on October 12, 2025—aims to ensure that California employees are fully informed of their rights in the workplace, particularly in areas involving labor protections, immigration-related inspections, union activity, and constitutional rights during law enforcement…