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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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OSHA Announces Public Comment Period for Rule to Protect Indoor, Outdoor Workers from Dangers of Extreme Heat

On August 30, 2024, the U.S. Department of Labor (DOL) announced the opening of the public comment period for its proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule and its publication in the Federal Register.   The rule was announced in July 2024 by the department’s Occupational Safety and Health Administration (OSHA), in an effort to substantially…

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Social Media and Harassment: Ninth Circuit Ruling Expands Employer Liability 

A recent decision by the 9th U.S. Circuit Court of Appeals offers crucial guidance for employers on the intersection of social media conduct and workplace harassment. In Okonowsky v. Garland, the Court reversed a district court’s dismissal of a sex discrimination claim under Title VII of the Civil Rights Act of 1964, allowing the case to move forward to trial.  The plaintiff, a female…

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California Certifies Minimum Wage Increase for 2025

The California Labor Code mandates the state’s Director of Finance annually determine and certify whether an adjustment for inflation should be applied to the minimum wage once it reaches $15.00 per hour. California’s minimum wage is currently $16.00 per hour.   This year, the Department of Finance calculates that the average U.S. Consumer Price Index for Urban Wage Earners and Clerical…

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Beware of Artificial Intelligence (AI) Timekeeping Traps 

State and federal wage and hour laws work in tandem to ensure that employers are paying their employees for all hours worked. A very straightforward concept that is fraught with traps for the unwary. The latest pitfall? Artificial Intelligence (AI) powered time tracking.   Increasingly, AI is being used to automate timekeeping duties such as tracking when workers sign in and out of work and…

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NLRB Rejects Consent Orders and Reemphasizes Bilateral Settlement Agreements

The National Labor Relations Board (Board) continues its shift toward pro-union and pro-employee policies. In the recent case Metro Health, Inc., d/b/a Hospital Metropolitano Rio San Pedras, the Board ended its long-term practice of accepting consent orders as a means of resolving unfair labor practice charges.   For over 30 years, the Board has allowed parties to resolve unfair labor…

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Best Practices: Mitigating Risk Under the FEHA

The recent California Supreme Court case of Twanda Bailey v. San Francisco District Attorney’s Office highlights the importance of employers taking proactive measures to prevent and address harassment, discrimination, and retaliation in the workplace.   The questions before the Court were:  Whether a coworker’s one-time use of a racial slur may be actionable in a claim of…

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Understanding Retaliation Claims: A Case Study

In the recent case DOL v. Bevins & Son, Inc., et., al., a Vermont court addressed allegations of unlawful retaliation against employees who received back wages after a settlement with the Department of Labor (DOL). The outcome provides valuable insights for all employers on how to avoid retaliation claims and ensuring compliance with labor laws.  Bevins & Son, a Vermont-based…

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AB 2011 Extends California’s Small Employer Family Leave Mediation Pilot Program 

Signed into law July 18, 2024, California Assembly Bill 2011 (AB 2011) significantly expands the scope of the Civil Rights Department’s (CRD) existing Small Employer Family Leave Mediation Program and extends its operation indefinitely.   Key Provisions  AB 2011 primarily focuses on unlawful employment practices related to family leave and reproductive loss leave for small employers…

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Best Practices: Navigating Political Speech in the Workplace

As the 2024 election approaches and political polarization in the U.S. intensifies, the impact of varying political beliefs on the workplace is becoming more pronounced. While protections for workplace discrimination based on protected classifications are well known to most employers, the boundary on political speech is not.   California law prohibits employers from acting against their…

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Cal/OSHA Releases a Revised Discussion Draft of Proposed Workplace Violence Prevention Standard

As discussed here, on September 30, 2023, California Governor Newsom signed SB 553 mandating all California employers comply with the statute's workplace violence prevention safety requirements.   In addition, statutory mandates require the California Division of Occupational Safety and Health (Cal/OSHA) to develop and submit a workplace violence prevention standard to the Occupational…

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FTC’s Noncompete Rule to Take Effect September 4th

As discussed here, on April 24, 2024, the Federal Trade Commission (FTC) moved to ban noncompete agreements for most workers effective September 4, 2024.   The Non-Compete Clause rule was immediately challenged in federal district courts in Texas and Pennsylvania. Contradictory rulings issued in the Texas and Pennsylvania cases create the potential for a split in the district courts if…

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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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