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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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Cal/OSHA Indoor Heat Regulation Limbo – What Now?

As discussed here, on March 22, 2024, the Cal/OSHA Standards Board took an unexpected step by unanimously approving an indoor heat illness prevention regulation. The approval has left California employers in a precarious state of limbo. What happens next? Over the next 30 working days, the California Office of Administrative Law (OAL) must review the rulemaking record to ensure agency…

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Best Practices: OSHA Complaints/Inspections

Representatives of the U.S Occupational, Safety and Health Association (OSHA) as well as Cal/OSHA and Arizona’s ADOSH are authorized to inspect the workplace whenever they have reason to believe an employee may be in danger due to employment hazards.  Complaints of workplace hazards can manifest in several ways, but employee complaints are the most common. Below are a few key points when it…

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New NLRB Joint Employer Final Rule Struck Down by Federal Court

As discussed here, on October 26, 2023, the National Labor Relations Board (Board) issued a new Final Rule affecting joint employment under the National Labor Relations Act (NLRA). The new rule rescinded the Board’s prior rule enacted in 2020 (“2020 Rule”) and instead set forth a new test expanding the circumstances under which an employer is deemed a ‘joint employer.’ Legal…

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CDC Updates COVID-19 Recommendations

The U.S. Center for Disease Control and Prevention (CDC) has updated its recommendations for how people can protect themselves and their communities from respiratory viruses, including COVID-19. The update addresses risks from a range of common respiratory viral illnesses, such as COVID-19, flu, and RSV. When sick with a respiratory virus, the CDC’s updated guidance recommends staying home…

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EEOC Releases Data Dashboard for Pay Data Collection

On March 12, 2024 the U.S. Equal Employment Opportunity Commission (EEOC) made available its new  data dashboard featuring the first-time collection of 2017 and 2018 pay data reported by about 70,000 private employers and certain federal contractors with 100 or more employees each year, representing over 100 million workers. The dashboard contains aggregated employer-level workforce…

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California Updates Mandatory New Hire Pamphlets

The California Employment Development Department has updated its mandatory “For Your Benefit” pamphlet. The publication provides information about programs offered by the EDD for unemployed Californians and must be provided at the time of hire and termination. The publication is provided by the EDD in both English and Spanish. The California Department of Industrial Relations (DIR) has…

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Cal/OSHA Releases Model Workplace Violence Prevention Plan

As discussed here, on September 30, 2023, California Governor Newsom signed SB 553[i] creating a new workplace violence law. In accordance with SB 553 mandates, starting July 1, 2024, covered employers will be required to implement a Workplace Violence Prevention Plan (WVPP). To assist employers in establishing, implementing and maintaining an effective WVPP, the California Division of…

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Cal/OSHA Increases Civil Penalties for Certain Violations

The California Division of Occupational Safety and Health (Cal/OSHA) announced increases for civil penalty amounts for 2024. The increases adjust for inflation and ensure Cal/OSHA is consistent with California and federal law. What You Need to Know Some of the maximum penalties are going up by as much as $4,983 this year, a smaller increase than in the past. This annual increase is…

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NLRB’s New Joint Employer Rule Deadline Extended…Again.

As discussed here, on October 26, 2023, the National Labor Relations Board (Board) issued a new Final Rule affecting joint employment under the National Labor Relations Act (NLRA). The new rule rescinds the prior Rule enacted in 2020 and puts forth a new test expanding the circumstances under which an employer is deemed a ‘joint employer.’ As discussed here, the new rule was set to take…

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EEOC Announces Opening of 2023 EEO-1 Data Reporting Period

The Equal Employment Opportunity Commission (EEOC) has announced that its 2023 EEO-1 Component 1 data collection will open on Tuesday, April 30, 2024. The deadline to file the 2023 EEO-1 Component 1 report is Tuesday, June 4, 2024. Private employers subject to Title VII of the Civil Rights Act of 1964 (Title VII) and employing 100 or more employees during an employer-selected pay period in…

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NLRB Ruling Provides Lesson on Protected Concerted Activity

A recent National Labor Relations Board (NLRB) decision provides an important perspective on the boundaries of what constitutes “mutual aid and protection” under Section 7 of the National Labor Relations Act (NLRA). In the recent case Home Depot USA, Inc. (Home Depot), the NLRB reversed an Administrative Law Judge decision that found the employer had not violated employee Section 7 rights…

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A Few Things You Should Know About Using Form I-9 Software

If you are an employer using private sector software products to electronically complete, modify, or retain Form I-9s, you should be familiar with U.S Department of Justice’s Civil Rights Division, Immigrant and Employee Rights Section (IER) and U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI) requirements for avoiding unlawful discrimination and other Form I-9…

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Direct Threat to Health and Safety – The ADA’s Rare Exception

The Americans with Disabilities Act of 1990 (ADA) and its amendments makes it unlawful to discriminate in employment against a qualified individual with a disability unless an exception applies. One of the rarest exceptions is one that relieves an employer of its obligation to provide a reasonable accommodation because doing so would create a direct threat to the health and safety of the…

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Refusal to Engage With Disabled Employee Leads to $1.6 Millon Verdict

A recent case brought by the Equal Employment Opportunity Commission (EEOC) emphasizes the importance of employer obligations to prevent disability discrimination in all aspects of employment including the hiring process. After just two hours of deliberation, a New York jury returned a landmark verdict of $1.675 million against McLane Northeast - a large facility distribution company - for…

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CA Court of Appeal Reverses CPRA Regulatory Enforcement Deadline

A California Court of Appeal has reinstated the California Privacy Protection Agency’s (Agency) ability to enforce previously stayed California Privacy Rights Act (CPRA) regulations set to take effect March 29, 2024. A lawsuit initiated by the California Chamber of Commerce in June 2023 challenged the Agency’s authority to initiate regulatory efforts alleging government overreach,…

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CA Noncompete Notice Deadline Fast Approaching

As discussed here, California’s AB 1076 amended existing California law to codify its position on restrictive covenants (e.g., noncompete agreements/clauses). Sending a very clear message, AB 1076 provides that, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” The statute also requires…

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There Are No Magic Words When It Comes to Paying Overtime

A U.S. Court of Appeals for the Second Circuit[i] has recently ruled that employers subject to the Fair Labor Standards Act (FLSA) are required to compensate employees for overtime, regardless of whether the employee requests overtime compensation. An employer violates the FLSA when it does not pay overtime wages for work it “suffers or permits,” that is, work it requires, knows about, or…

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CRD Updates Pay Data Reporting Guidelines for California Employers

California employers with 100 or more payroll or labor contractor employees are required to annually submit pay data - including hours worked and employee demographics - to the California Civil Rights Department (CRD).    This year’s filing deadline for the 2023 reporting year is May 8, 2024.  Starting February 2, 2024, employers should begin accessing the CRD’s Pay Data…

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Cal/OSHA Issues Form 300A Summary Posting/Filing Reminder

Cal/OSHA is reminding employers to post their 2023 annual summary of work-related injuries and illnesses, including those related to COVID-19, by February 1, 2024. The Form 300A summary must be posted each year from February 1 through April 30. The annual summary must also be placed in a visible and easily accessible area at each worksite. Even employers with no workplace injuries during…

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The PWFA and PUMP Act Celebrate One Year Anniversary

The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) mark their one-year anniversary. The Pregnant Workers Fairness Act (PWFA) requires covered employers (i.e., those with 15 or more employees) to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related…

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