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 […]

Teresa's Full Bio

Posts By: Teresa McQueen

Best Practices: Worker Classification

Classifying workers correctly is crucial for employers. Misclassifying workers as independent contractors can lead to hefty fines and liabilities for unpaid employment taxes and unmet legal obligations like wage and hour requirements. Federal and state agencies have increased audits, and there has been a rise in employee class action and PAGA lawsuits. For an individual to be protected by…

Visit Page

DOL Enforcement Report Targets Employment-Related Contract Provisions

The U.S. Department of Labor’s Solicitor of Labor, Seema Nanda, has just released the agency’s 2024 Solicitor of Labor Enforcement Report (Report). This year’s Report outlines agency initiatives for the coming year focused on addressing concerns about “coercive” contractual provisions in employment-related agreements. Key provisions of the Report include a focus on increased…

Visit Page

AB 2499: Revised Rights for Victims of Violence

California’s newly enacted AB 2499 creates additional protections for employees who are victims of violence or have family members who are victims. The new bill amends the state’s Fair Employment and Housing Act (FEHA) to make it an unlawful employment practice to discriminate or retaliate against employees who take time off work to seek medical attention. It also allows employees to…

Visit Page

USCIS Introduces New E-Verify+ Form I-9 Digital Processing Service

The U.S. Customs and Immigration Service, in conjunction with the Social Security Administration (the Department), is offering a new online Form I-9 digital processing service. E-Verify+ is an enhanced online service offering a simplified employment eligibility verification process for both employers and employees. E-Verify+ integrates the Form I-9 process directly into the Department’s…

Visit Page

San Diego County Enacts Fair Chance Ordinance for Unincorporated Areas

San Diego County recently passed a Fair Chance Ordinance that went into effect October 10, 2024. The ordinance applies to businesses operating in the unincorporated areas of San Diego County and aligns with the state’s existing Fair Chance Act as well as similar laws in other California jurisdictions (e.g., San Francisco and the City of Los Angeles). A few key points of the new ordinance…

Visit Page

New Cal/OSHA Regulation Mandates Opioid Antidotes in First Aid Materials (AB 1976)

California’s newly enacted AB 1976 requires the California Division of Occupational Safety and Health (Cal/OSHA) to adopt new standards requiring first aid materials in workplaces to include naloxone hydrochloride or other FDA-approved opioid antidote. Naloxone is a medication designed to rapidly reverse opioid overdoses. Cal/OSHA has until December 1, 2027, to draft and propose the new…

Visit Page

SB 1100: New Two-Part Test for Driver’s License Requirement in Hiring

California’s Senate Bill 1100 (SB 1100) amends the state’s Fair Employment and Housing Act (FEHA) by introducing a new two-part test governing when an employer may require a job applicant to possess a driver’s license. Beginning January 1, 2025, before including a statement in a job advertisement, posting, application or other hiring materials that an applicant must have a driver's…

Visit Page

DOL Provides AI Framework to Assist in Reducing Risks Associated with AI Technology

The U.S Department of Labor’s (DOL) Office of Disability Employment Policy (ODEP) has been actively addressing the intersection of artificial intelligence (AI) and disability in employment. The DOL’s efforts are in response to President Biden’s 2023 Executive Order directing federal agencies to begin finding ways to address important AI-related workplace issues. Below are a few key aspects…

Visit Page

SB 1137: California Law Now Recognizes “Intersectionality” In Workplace Discrimination Claims

California Senate Bill 1137 (SB 1137) amends the state's anti-discrimination laws to specifically address claims based on a combination of protected characteristics, or “intersectionality” in California’s civil rights laws. Intersectionality conceptualizes how different social identities intersect and at times overlap to create unique instances of discrimination; not just on a…

Visit Page

California’s SB 1105: New Paid Sick Leave Provisions for Ag Employees

Senate Bill (SB) 1105 introduces significant changes to existing paid sick leave provisions for agricultural employees in California. Effective January 1, 2025, the bill expands the paid sick leave benefits offered under the Healthy Workplaces, Healthy Families Act of 2024 for agricultural employees. Key Points SB 1105 supplements the Healthy Workplaces, Healthy Families Act of 2014…

Visit Page

The New CA Worker Freedom from Employer Intimidation Act (SB 399)

Senate Bill (SB) 399, recently signed into law by Governor Gavin Newsom, enacts the California Worker Freedom from Employer Intimidation Act. Effective January 1, 2025, this law prohibits employers from holding mandatory meetings, known as "captive audience," meetings, that discuss religious or political matters, including union-representation discussions. Key Points SB 399 makes it…

Visit Page