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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 […]

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Posts By: Teresa McQueen

June, 2024
Cal/OSHA Standards Board Adopts New Indoor Heat Illness Regulation; Webinar July 17 

On June 20, 2024, the California Occupational Safety and Health Standards Board (Board) approved Heat Illness Prevention in Indoor Places of Employment; an indoor heat standard to protect indoor workers from heat illness. With limited exception, the new regulation requires indoor workplaces to be cooled below 87°F if feasible when employees are present, and below 82°F if feasible in places…

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EEOC Issues Final Regulations on Pregnant Workers Fairness Act

As discussed here, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule implementing the Pregnant Workers Fairness Act (PWFA) on April 19, 2024. The PWFA final regulation became effective June 18, 2024, mandating employers provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless providing the…

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The US Department of Labor is Jumping on the AI Regulatory Bandwagon

The advancement of artificial intelligence (AI) has prompted state and federal agencies – at all levels – to initiate regulatory efforts and guidelines aimed at balancing innovation with workplace safeguards. A major concern across all regulatory agencies is the potential for inadvertent discriminatory practices.   Automated decision-making systems — which may rely on algorithms or AI…

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OSHA’s Proposed Heat Standard: Implications and Next Steps 

As discussed here, in October 2021 the U.S. Occupational Safety and Health Administration (OSHA) published an Advance Notice of Proposed Rulemaking (Notice) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. Publication of the October Notice signaled the beginning of OSHA’s rulemaking process to consider a heat-specific workplace standard.   Recently, OSHA has…

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Potential Impacts of the New Federal Overtime Rule

As discussed here, the new federal overtime rule raising the salary threshold for overtime exemptions (i.e., executive, administrative, professional) will have significant implications for agricultural employers subject to the Fair Labor Standards Act (FLSA).   Under the FLSA, employees generally must be paid an overtime premium of 1.5 times their regular rate of pay for all hours…

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California’s Workplace Violence Prevention Plan Effective Date is Fast Approaching 

California Senate Bill 553 (SB 553), signed into law on September 30, 2023, requires employers to develop and implement a Workplace Violence Prevention Plan (WVPP).   The statues effective date of July 1, 2024, is fast approaching and will impact most employers in California requiring them to establish, implement, and maintain a WVPP that includes:   Prohibitions against employee…

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ADOSH Continues to Promote Heat Illness Safety

In an effort to emphasize the need for heightened awareness and monitoring, the Arizona Division of Occupational Safety and Health (ADOSH) launched its State Emphasis Program (SEP) in July 2023 to combat heat-related illnesses and injuries in the workplace.   As temperatures begin to rise dramatically across the state in the coming weeks, employers are reminded that safety and health…

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Cal/OSHA Reminds Employers to Protect Workers from High Heat

The California Occupational Safety and Health Administration (Cal/OSHA) is reminding employers across the state to implement heat illness protections for workers as high temperatures are forecasted for the first several weeks of June.  As temperatures begin to climb for the first time this year, employers must implement heat illness protections and begin closely observing workers for any…

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Colorado is Jumping on the AI Regulatory Bandwagon

The advancement of artificial intelligence (AI) has prompted state and federal agencies – at all levels – to initiate regulatory efforts and guidelines aimed at balancing innovation with workplace safeguards. A major concern across all regulatory agencies is the potential for inadvertent discriminatory practices.   Automated decision-making systems — which may rely on algorithms or AI…

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OSHA’s New Third-Party Rule Challenged in Federal Court 

As discussed here, the federal Occupational Safety and Health Administration (OSHA) has finalized a new rule allowing workers to designate a third person to accompany any OSHA inspector during a facility inspection. The new rule took effect May 31, 2024, and was immediately challenged in federal court (Western District of Texas) by a coalition of businesses lead by the U.S. Chamber of…

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EEOC Sues 15 Employers for Failing to File EEO-1 Reports 

The U.S. Equal Employment Opportunity Commission (EEOC) has filed its first ever lawsuit against 15 employers in 10 states this week, alleging the companies failed to comply with mandatory EEO-1 federal reporting requirements.  Each of the employers are ‘repeat’ offenders when it comes to EEOC EEO-1 compliance as the suit alleges ongoing failures to submit mandatory EEO-1 Component…

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