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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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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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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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Cemex: It’s a Whole New Card Check Ballgame

While much has been written about the new card check provisions of the Agricultural Labor Relations Act, a recent National Labor Relations Board (NLRB) decision which extends to most private sector employers, including commercial packing and processing facilities, threatens to impose card check on those employers as well. The 2023 National Labor Relations Board (Board) ruling in Cemex…

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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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California 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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