Teresa McQueen, Author at Western Growers Association Western Growers Association

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 […]

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Posts By: Teresa McQueen

Ninth Circuit Affirms the FLSA’s De Minimis Doctrine

In the recent case Cadena v. Customer Connexx LLC, the United States Court of Appeals for the Ninth Circuit affirmed the applicability of the Fair Labor Standards Act’s (FLSA) “de minimis” doctrine. Under the FLSA, employers are not required to pay wages for ‘de minimis’ work performed before or after scheduled work hours. The three factors used by the Court to determine whether…

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Random Act of Workplace Violence Underscores Employer’s Workplace Violence Prevention Responsibilities

As discussed here, Cal/OSHA’s workplace violence prevention mandate went into effect July 1, 2024. And while the regulatory deadline for establishing, implementing, and maintaining a Workplace Violence Prevention Plan (WVPP) has past, the reality of its necessity is evident in this week’s headlines. According to KFSN-TV, farmworkers in Fresno County experienced firsthand a random act…

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Cal/OSHA Announces Advisory Committee Meeting on Enterprise-Wide and Egregious Violations Rulemaking

On August 19, 2024, Cal/OSHA will hold an advisory committee meeting to solicit input on proposed amendments to regulations concerning Enterprise-wide and Egregious violations of employee safety and health requirements. Since 2021, Labor Code sections 6317 and 6317.8, require, among other things, that Cal/OSHA issue citations for “Enterprise-wide” and “Egregious” violations. While…

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Unfair Pay Practices Cost California Employer $15M

The California Civil Rights Department (CRD) has entered into a $15,000,000 proposed settlement agreement with Snap Inc. — parent company of the Snapchat social media platform — over alleged discrimination, harassment, and retaliation against women at the company. The settlement impacts women who were employees at the company in California between 2014 and 2024. The settlement resolves…

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ALRB Orders Mediation in UFW v. Wonderful Nurseries, LLC

An ongoing dispute between the United Farm Workers (UFW) and Wonderful Nurseries LLC, over the unionization of over 600 employees has resulted in the Agricultural Labor Relations Board (ALRB) ordering the parties to mandatory mediation and conciliation (MMC). This order comes after the UFW’s request for referral to MMC with Wonderful Nurseries was initially contested by the employer.…

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Newly Signed AB 2299 Clarifies Whistleblower Posting Requirements for California Employers

Existing whistleblower protections require California employers to prominently display a list of employees’ rights and responsibilities provided under the whistleblower laws. However, little in the way of guidance is provided when it comes to what the prominently displayed posting should include, other than a minimum font size and that it must include the telephone number of the whistleblower…

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Gov. Newsom Expands Workers’ Compensation Notice Information

Existing law provides California workers compensation for injuries sustained in the course of employment. Under the state workers’ compensation laws, employers must post informational notices that include, among other information, to whom injuries should be reported, the right of an employee to select and change a treating physician, and certain protections against discrimination. On…

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Central Coast Farm Pays $200K to Settle Sexual Harassment/Retaliation Lawsuit

A Central Coast Farm has agreed to pay $200,000 and furnish injunctive relief to settle a sexual harassment and retaliation lawsuit filed against it by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleges both female and male workers were subjected to a sexually charged hostile work environment at the employer’s Camarillo fields. Actions alleged include sexual…

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Microsoft Reaches Proposed $14M Settlement for Alleged Discrimination

The California Civil Rights Department (CRD) has reached a $14,425,000 proposed settlement with the Microsoft Corporation to resolve allegations of retaliation and discrimination against workers based on their use of protected leave, including parental, disability, pregnancy, and family care taking leave. Microsoft is alleged to have violated state and federal laws protecting an…

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Cal/OSHA Extreme Heat Notice

California’s Occupational Safety and Health Administration (Cal/OSHA) is urging all employers to protect workers from heat illness as high temperatures (exceeding 110°F) are forecast for the early part of July across California. When working in hotter conditions, workers must be closely observed for any signs of heat illness. In indoor workplaces, employers must correct unsafe conditions…

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OSHA Issues Proposed Rule for Heat Illness

On July 2, 2024, the U.S. Occupational Safety and Health Administration (OSHA) released its Proposed Rule on heat illness and injury prevention in an effort to substantially reduce heat injuries, illnesses, and deaths in the workplace. According to the U.S. Occupational Safety and Health Administration (OSHA), heat is the leading cause of weather-related deaths in the U.S. Excessive…

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