SB 54 Plastic Packaging Resources and Updates. Access Here.

Skip to main content
Search Open
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

Filter by Date
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
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…

Visit Page
Update: FTC’s Ban on Non-Compete Agreements

As discussed here, on April 24, 2024, the Federal Trade Commission (FTC) moved to ban most noncompete agreements for most workers. However, as anticipated, the file rule is being challenged in two lawsuits. The suits seek, among other things, a temporary stay of the rule’s current September 4, 2024, effective date.   Given the uncertainty of court intervention and the rule’s fast…

Visit Page
U.S. Supreme Court Settles Procedural Arbitration Question Among District/Circuit Courts 

A May 16, 2024 decision by the U.S. Supreme Court settles an ongoing question among the District and Circuit courts concerning the staying of court proceedings when an employment-related dispute is subject to arbitration.   The case Smith v. Spizzirri involved claims of misclassification relating to independent contractors. The question before the Court was whether a trial court has the…

Visit Page
Ninth Circuit Rules Only Individual PAGA Claims Can be Subject to Arbitration

A recent Ninth Circuit case holds that only individual PAGA claims can be subject to arbitration.   In the case, Diaz v. Macy’s West Stores, Diaz sued her former employer under PAGA alleging violations of California’s labor code on behalf of herself and other employees. A final ruling in the district court compelling arbitration of all Diaz’ claims was appealed to the Ninth Circuit by…

Visit Page
NLRB Ruling Blurs the Line Between Opinion and Threat

A confusing National Labor Relations Board (NLRB) ruling in the case Amazon.com Services LLC makes employer communications concerning union activity even more difficult to navigate.   An Administrative Law Judge (ALJ) in San Franciso recently ruled that opinion statements made by Amazon CEO Andy Jassy (Jassy) violated the National Labor Relations Act (NLRA) because they were deemed…

Visit Page
Heat Safety Comes into Focus as Temperatures Rise 

Under federal and state laws, all employers have a duty to take steps to help workers become acclimated to high heat conditions and to prevent potentially deadly heat-related situations. Federal OSHA provides agricultural employers with many useful resources through its OSHA Publications website. Cal/OSHA also provides employers with compliance tools when it comes to preventing heat-related…

Visit Page
Load More