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

Interagency Cooperation Could Result in Increased Enforcement

A new Memorandum of Understanding (MOU), between the U. S. Department of Labor Wage and Hour Division (DOL/WHD) and the National Labor Relations Board (NLRB), has been released signaling a new era of interagency cooperation. The MOU memorializes a voluntary agreement between the two agencies in their efforts to work together to address a mutual ...

A New Standard for Whistleblower Claims

The California Supreme Court has just adjudicated a new standard for proving whistleblower liability under California’s Whistleblower Act (Act).[i] The case Lawson v. PPG Architectural Finishes, Inc. (Jan 2022) settles a long-standing conflict between California’s lower courts on the standard for proving prohibited conduct under the Act. The Court found the proper framework for such ...

New COVID-19 Supplemental Paid Sick Leave Bill (AB 84) Signed by Gov. Newsom

California’s latest COVID-19 Supplemental Paid Sick Leave Bill (AB 84) was signed into law on February 9, 2022 by Governor Newsom. AB 84 requires employers with 26 or more employee to provide up to 80 hours of COVID-19-related supplemental paid sick leave. Details of this new legislation are set out below.     Employee Use ...

Best Practices: Conducting Background Checks Using Social Media

It is rare these days to find an applicant or employee that does not have a personal social media account such as a Facebook, LinkedIn, Instagram, or Twitter. And while not all states have specific “social media” laws (e.g., Arizona), federal law, and in many cases state law (e.g., California and Arizona), prohibits an employer ...

Congress Passes Mandatory Arbitration Ban for Sexual Harassment Claims

On February 10, in a continuing effort to ensure employers are enforcing anti-harassment policies, the U.S. Senate passed HR 4445 known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It is expected that President Biden will sign the bill which would amend the Federal Arbitration Act to allow employees to bring ...

COVID-19 Supplemental Paid Sick Leave Model Notice and FAQs Available

The Department of Labor Standards Enforcement (DLSE) has published a model employee notice providing important details of the newly enacted COVID-19 Supplemental Paid Sick Leave Bill (AB 84). The DLSE has also published helpful FAQs interpreting the 2022 Supplemental Paid Sick Leave law. AB 84 goes into effect on February 19, 2022 and requires employers ...

Privacy Protection Updates: California and Colorado

California Update Enacted in November of 2020, the California Privacy Rights act of 2020 (CPRA) added new privacy protections to the California Consumer Privacy Act of 2018 (CCPA). To further CPRA legislative mandates, a new governmental agency, the California Privacy Protection Agency (Agency), was formed to implement and enforce CCPA and CPRA laws. Both Privacy ...

CA Pay Data Reports Due April 1, 2022

It’s almost time! California employers with 100 or more employees must file their Pay Data Reports on April 1, 2022. Ahead of the deadline employers should be marshaling data on pay and hours worked according to the following: by company, job category, sex, race and ethnicity.  Enacted September 30, 2020, SB 973 established Government Code ...

Litigation Update : California’s Statutory Arbitration Ban (AB 51)

The Issue California’s controversial arbitration ban (AB 51) [i], signed by Governor Newsom on October 10, 2019, and effective January 1, 2020, prohibits California employers – not subject to the Federal Arbitration Act (FAA) – from requiring employees to sign an arbitration agreement as a condition of employment. Legal Challenges Shortly after enactment the law ...

Western Growers’ Updated 2022 Personnel Procedures Manual Now Available

The 2022 Personnel Procedures Manual provides vital and accurate information for Human Resources Department professionals and managers to ensure their organization remains compliant amid the ever-shifting landscape of labor law. Updated topics for 2022 include changes impacting workplace safety, wage and hour, protected leave, post-termination issues, workplace notices and recordkeeping. WG…