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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’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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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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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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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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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…

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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…

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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…

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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…

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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…

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California Supreme Court Recognizes Employers’ Good-Faith Defense Against Penalties for Wage-Statement Errors

Over the last two years the California Supreme Court case Naranjo et al. v. Spectrum Sec. Servs., Inc. has served to settle several divisive issues among the courts. With its May 6, 2024, ruling the Court gives us one final lesson.    As discussed here, the original question before the Court concerned whether the law requires employers to treat certain amounts — premium pay awarded for…

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California’s Workplace Violence Prevention Plan Compliance Deadline is July 1st

California’s SB 553i requires all employers – with few exceptions – to create and implement a comprehensive Workplace Violence Prevention Plan (WVPP). As a reminder, the statute’s effective date of July 1, 2024, is just around the corner.     Effective July 1st employers must have in place:   A WVPP that meets the law’s specific standards;  A violent incident log to…

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NLRB General Counsel Encourages Expansion of ‘Make-Whole’ Remedies

An April 8, 2024, Memorandum issued by National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo (General Counsel), advises regional offices to push the NLRB to pursue “the full panoply of remedies available to ensure that victims of unlawful conduct are made whole for losses suffered as a result of unfair labor practices.” A key focus of the memo is the General Counsel’s…

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EEOC Releases Updated Enforcement Guide on Harassment

The Equal Employment Opportunity Commission (EEOC) has finalized a new anti-harassment resource titled Enforcement Guidance on Harassment in the Workplace. Originally released for comment in 2017 the guidance was finalized November 1, 2023.  The updated guidance reflects notable changes in the law since 2017 including the U.S. Supreme Court’s decision in Bostock v. Clayton County,…

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U.S. Supreme Court Sets New Title VII Standard

The U.S Supreme Court, in resolving a split among various Circuit courts, set a new standard for the amount of harm a plaintiff must demonstrate to bring an employment-related discrimination claim under Title VII of the Civil Rights Act of 1964 (Title VII). Over the years various Circuit courts have applied differing levels of the requisite harm required to show discrimination, resulting in…

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U.S. Supreme Court Sets New Title VII Standard

The U.S. Supreme Court, in resolving a split among various Circuit courts, set a new standard for the amount of harm a plaintiff must demonstrate to bring an employment-related discrimination claim under Title VII of the Civil Rights Act of 1964 (Title VII). Over the years various Circuit courts have applied differing levels of the requisite harm required to show discrimination, resulting in…

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