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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

New Leader Nominated to Lead OSHA – What to Expect

The Occupational Safety and Health Administration (OSHA) is set to undergo significant changes with the nomination of David Keeling as the new Assistant Secretary of Labor for OSHA. With years of technical expertise and practical understanding of workplace safety, Keeling is expected to receive support from both employers and labor groups   Under Keeling's leadership, these key changes are…

U.S. Court of Appeals Rules State Attorneys General May Challenge Pregnant Workers Fairness Act 

Earlier this week, the U.S. Court of Appeals for the Eighth Circuit ruled that seventeen state attorneys general have standing to challenge the EEOC’s Final Rule interpreting the Pregnant Workers Fairness Act (PWFA).   As the first federal court to rule on the issue, the Court found that the states have a judicial basis for challenging the Final Rule as they are the “object of the…

No More Headless Horsemen: Court Reins in “headless” PAGA Strategy

In the recent decision, Leeper v. Shipt, Inc., et al., (Leeper), the California Court of Appeal reversed a lower court's order denying the employer’s motion to compel arbitration in a case brought under the Private Attorneys General Act (PAGA). The case involved allegations that Shipt and its parent company Target, misclassified workers as independent contractors, violating multiple provisions…

Calculating the Regular Rate of Pay: Are You Compliant?

The California Supreme Court case Ferra v. Loews Hollywood Hotel, LLC definitively answered a longstanding question of California law: Whether the statutory meaning of the wage and hours terms, “regular rate of compensation” and “regular rate of pay” have the same meaning. The Court’s unanimous decision settled once and for all that the terms “are synonymous and encompass all…

NLRB Acting General Counsel Rescinds Guidance Memoranda

Acting National Labor Relations General Counsel William Cowen has rescinded over a dozen Biden-Era guidance memoranda, as the National Labor Relations Board (NLRB) recalibrates from many of its previously union-friendly positions.  Cowen’s move rescinds several of the NLRB’s more controversial memoranda on positions regarding non-competition and “stay or pay” provisions. The reversal…

Best Practices: Navigating Workplace Romance

Happy Valentine's Day! Love is in the air, even in the workplace. While office romances can lead to meaningful relationships, they also come with potential risks that employers need to manage carefully. Understanding these risks and implementing best practices can help maintain a professional and safe work environment.  Some interesting statistics on workplace dating. According to…

Status of Cal/OSHA’s Workplace Violence Regulations

California employers should already be aware that as of July 1, 2024, in accordance with California’s SB 553, they must have established, implemented, and be maintaining a comprehensive written Workplace Violence Prevention Plan (WVPP).   The legislature's involvement in the Cal/OSHA regulatory process was driven by the fact that Cal/OSHA’s process was moving too slowly. Proposed…

Navigating Gender Under the President’s Executive Order on Gender Ideology

On January 20, 2025, the Executive Order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (the EO) was issued. The EO mandates that the federal government will now recognize only two sexes, male and female, and reject the concept of gender identity. Key provisions of the EO include:  Defining sex as an immutable biological…

Best Practices: Empathy as a Leadership Tool 

Empathy: “The action of understanding, being aware of, being sensitive to, and vicariously experiencing the feels, thoughts, and experience of another….” The ability to take on the role of someone who says: “I may not know how you feel, but I’m here to listen.” A time consuming and potentially messy workplace skill set, but one that is infinitely useful if you are someone who…