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

U.S. DOL Relaunches its Payroll Audit Independent Determination Program

On July 24, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced the return of its Payroll Audit Independent Determination (PAID) program, a voluntary initiative first introduced in 2018. The program allows employers to identify and correct inadvertent wage and hour violations under the Fair Labor Standards Act (FLSA) and now, leave violations under the Family and…

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Federal OSHA Announces Expanded Voluntary Protection Programs

On July 24, 2025 the federal Occupational Safety and Health Administration (OSHA) announced the expansion of its Voluntary Protection Programs (VPP), which seek to encourage more businesses—especially those in high-risk sectors like agriculture—to adopt proactive safety and health management practices. For agricultural employers this news brings both opportunities and important…

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Nominations Open the Door for Resumption of NLRB Operations

As discussed here, the January firing of the National Labor Relations Board (NLRB/Board) Chair Gwynne Wilcox left the NLRB one member short of its requisite quorum of at least three members. However, recently announced nominations are expected to enable the Board to once again function at full capacity. The NLRB is the administrative entity responsible for deciding cases brought under the…

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NLRB Clarifies Its Position on Secret Recordings

The National Labor Relations Board (NLRB) recently issued two memoranda clarifying the agency's position on surreptitious recordings made by employees in the workplace, and during collective bargaining sessions. The memoranda address the general treatment of secret recordings under the National Labor Relations Act (NLRA). The NLRB has long held that overly broad workplace policies that…

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Fed OSHA Updates Guidance on Penalties for Small Businesses

The U.S. Department of Labor has updated its guidance on penalty and debt collection procedures, in its Occupational Safety and Health Administration's Field Operations Manual in an effort to minimize the burden on small businesses and increase prompt hazard abatement. In announcing the update, Deputy Secretary of Labor Keith Sonderling commented that, “[s]mall employers who are working in…

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California Civil Rights Council Approves Employment-Related Antidiscrimination AI Regulations

The California Civil Rights Council has just received final approval for a comprehensive set of regulations governing the use of AI and “automated-decision systems” in employment. The regulations clarify that employers must not use AI and automated-decision systems in a manner that would discriminate against applicants or employees based on protected characteristics. Automated-decision…

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California’s CRD Issues New Victim’s Rights Notice and FAQs

Effective January 1, 2025, California’s AB 2499 expanded victims’ leave benefits and required the California Civil Rights Department (CRD) to develop and publish a written notice of employee rights by July 1, 2025. As required, the CRD has just published the new notice along with FAQs. The notice is available for free on the CRD’s website and can be downloaded in thirteen languages, in…

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Colorado Amends its Misclassification Wage and Hour Law

Colorado has amended its wage and hour laws to implement mandatory fines for the willful or repeated misclassification of employees as independent contractors. In addition to any other relief allowed, employers found willfully, or repeatedly misclassifying employees could be fined as follows: $5,000 for a willful violation $10,000 for a violation not remedied within 60 days after…

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Get Ready for ICE: Essential Tips for Mitigating Risk Webinar

Western Growers is submitting this program for HRCI credit. This live webinar will focus on the essential aspects of preparing agricultural operations for ICE and Department of Homeland Security actions, including I-9 audits. Presented by Western Growers Association’s Corporate Counsel, Teresa McQueen, this program will provide employers with the necessary knowledge and strategies to…

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Best Practices: Complying with FLSA Regular Rate of Pay Calculations

The U.S. Department of Labor (DOL)’s opinion letter, FLSA2024-01, addresses the exclusion of daily expense payments for tools and equipment from an employee’s regular rate of pay under the Fair Labor Standards Act (FLSA). This guidance is especially helpful for employers in those industries where employees incur significant expenses for tools and equipment. The FLSA requires payment…

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DOL Wage & Hour Division Ends Liquidated Damages in Administrative Matters

The Department of Labor’s Wage and Hour Division (WHD) has announced a significant change in the way it handles liquidated damages under the Fair Labor Standards Act (FLSA). Beginning June 27, 2025, the WHD will rescind its prior guidance and no longer supervise or request the payment of liquidated damages during the administrative investigation or settlement phase of FLSA matters. Instead,…

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