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
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Beware of Artificial Intelligence (AI) Timekeeping Traps
State and federal wage and hour laws work in tandem to ensure that employers are paying their employees for all hours worked. A very straightforward concept that is fraught with traps for the unwary. The latest pitfall? Artificial Intelligence (AI) powered time tracking. Increasingly, AI is being used to automate timekeeping duties such as tracking when workers sign in and out of work and…
NLRB Rejects Consent Orders and Reemphasizes Bilateral Settlement Agreements
The National Labor Relations Board (Board) continues its shift toward pro-union and pro-employee policies. In the recent case Metro Health, Inc., d/b/a Hospital Metropolitano Rio San Pedras, the Board ended its long-term practice of accepting consent orders as a means of resolving unfair labor practice charges. For over 30 years, the Board has allowed parties to resolve unfair labor…
Best Practices: Mitigating Risk Under the FEHA
The recent California Supreme Court case of Twanda Bailey v. San Francisco District Attorney’s Office highlights the importance of employers taking proactive measures to prevent and address harassment, discrimination, and retaliation in the workplace. The questions before the Court were: Whether a coworker’s one-time use of a racial slur may be actionable in a claim of…
Understanding Retaliation Claims: A Case Study
In the recent case DOL v. Bevins & Son, Inc., et., al., a Vermont court addressed allegations of unlawful retaliation against employees who received back wages after a settlement with the Department of Labor (DOL). The outcome provides valuable insights for all employers on how to avoid retaliation claims and ensuring compliance with labor laws. Bevins & Son, a Vermont-based…
AB 2011 Extends California’s Small Employer Family Leave Mediation Pilot Program
Signed into law July 18, 2024, California Assembly Bill 2011 (AB 2011) significantly expands the scope of the Civil Rights Department’s (CRD) existing Small Employer Family Leave Mediation Program and extends its operation indefinitely. Key Provisions AB 2011 primarily focuses on unlawful employment practices related to family leave and reproductive loss leave for small employers…
Best Practices: Navigating Political Speech in the Workplace
As the 2024 election approaches and political polarization in the U.S. intensifies, the impact of varying political beliefs on the workplace is becoming more pronounced. While protections for workplace discrimination based on protected classifications are well known to most employers, the boundary on political speech is not. California law prohibits employers from acting against their…
Cal/OSHA Releases a Revised Discussion Draft of Proposed Workplace Violence Prevention Standard
As discussed here, on September 30, 2023, California Governor Newsom signed SB 553 mandating all California employers comply with the statute's workplace violence prevention safety requirements. In addition, statutory mandates require the California Division of Occupational Safety and Health (Cal/OSHA) to develop and submit a workplace violence prevention standard to the Occupational…
FTC’s Noncompete Rule to Take Effect September 4th
As discussed here, on April 24, 2024, the Federal Trade Commission (FTC) moved to ban noncompete agreements for most workers effective September 4, 2024. The Non-Compete Clause rule was immediately challenged in federal district courts in Texas and Pennsylvania. Contradictory rulings issued in the Texas and Pennsylvania cases create the potential for a split in the district courts if…