Teresa McQueen
Western Growers, Corporate Counsel

Teresa McQueen is Corporate Counsel 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 updates […]

Posts By: Teresa McQueen

Update: E-Verify Timeframes for Social Security Discrepancies

The U.S. Social Security Administration (SSA)has announced its resumption of E-Verify operations. The SSA’s notice heralds a return to pre-pandemic timeframes for resolving SSA Tentative Nonconfirmations (i.e., social security number mismatches). As of July 15, 2022, employees whose E-Verify cases are referred to SSA on or after July 15, 2022, will have the normal 8 federal working…

CA Proposition to Increase Minimum Wage Delayed

A proposition to increase California’s minimum wage has been delayed until November 2024. The “Living Wage Act of 2022,” an initiative that proposes measured increases to California’s existing minimum wage ($1 per year starting in 2023 raising the minimum wage to $18 for all employers by 2026) was intended for a 2022 November vote. However, ...

A Good Reason to Stay off OSHA’s Radar

Virginia based Dollar Tree Inc., was definitely on OSHA’s radar after receiving – and failing to rectify – hundreds of citations issued for a wide variety of violations at two of its Ohio Dollar Tree stores. Violations at the two retail properties for obstructed egress, unstable stacks, trip hazards, inaccessible electrical equipment and more has ...

CA Court of Appeals Issues Precedent Setting Ruling on Website Public Accommodation Issue

Online-only businesses received great news this week when the California Court of Appeal issued a ruling that closes the door on California lawsuits brought against online-only businesses. The Court, in agreement with 9th Circuit precedent, ruled in Martinez v. Cot’n Wash, Inc., that websites associated with online-only businesses are not “public accommodations” covered by the ...

Under FMLA, Discouragement Can Be Denial

A key aspect of the Family Medical Leave Act (FMLA) is its mandate that employers may not “interfere with, restrain, or deny the exercise of or the attempt to exercise, any rights” under the Act. A recent Seventh Circuit decision[i] highlights the employer’s duty to provide leave without interference, no matter how that interference may ...

Fed OSHA Postpones Decision on Revoking AZ OSH-State Plan

On August 10, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced it is reopening the comment period for an additional 60 days on its proposal to reconsider and revoke the final approval of Arizona’s State Plan for Occupational Safety and Health (State Plan). A public hearing tentatively scheduled for Aug. ...

Cal/OSHA Revises Proposed Workplace Violence Prevention Regulations

California Code of Regulations, Title 8, Section 3342 requires covered employers (currently health care facilities) to develop and implement a workplace violence prevention plan (WVPP). Revised drafts of this regulation, making it applicable to general industry not just healthcare, were proposed in 2014 and 2018, but seemingly stalled out.   The most recent draft proposal of ...

Test Article Marketing Practice Upload

Part of being there for our members includes making sure we give them access to information and solutions in the ag landscape so they can continue driving their businesses forward. For those of you who aren’t familiar with WGU, our courses offer professional development and training programs tailored to the ag-industry. WGU equips ag-industry professionals ...

Cal/OSHA Steps Up Enforcement of Indoor Heat Hazards

Even though Cal/OSHA has yet to approve its proposed standards on Heat Illness Prevention in Indoor Places of Employment (under review since 2017) it is nonetheless stepping up enforcement efforts to identify and evaluate indoor heat-related workplace hazards, and correct unsafe or unhealthy conditions based on the severity of the hazards.[i] When it comes to ...

Policy Enforcement: Consistency is Key

To lower risk relating to allegations of harassment, discrimination or retaliation it is important that employers consistently enforce internal policies and procedures. Not just on an individual basis, but across the organization at all levels. This includes enforcing the types of behavior that impact the overall workplace culture (e.g., rude or unprofessional conduct). A perfect ...