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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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The Door Finally Closes on California’s AB 51

On January 1, 2024, a federal district court permanently enjoined the State of California from enforcing AB 51, the law which sought to prohibit the use of employment-related mandatory arbitration agreements. As discussed here, shortly after enactment AB 51 was immediately challenged and an injunction on enforcement granted by the U.S. District Court. However, the injunction was short-lived…

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CRD Issues Updated “Workplace Discrimination and Harassment” Poster

Various state and federal laws require employers to comply with certain workplace posting obligations. California employers are specifically required to post the state’s “California Law Prohibits Workplace Discrimination and Harassment” poster. Given the recent updates to state mandated bereavement and reproductive loss leave and prohibitions on discrimination based on the use of…

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California Department of Public Health Updates COVID Isolation Guidance

The California Department of Public Health (CDPH) has updated its COVID-19 Isolation Guidance protocols. The update includes the CDPH’s recommendations to move away from five days of isolation and instead focus on clinical symptoms to determine when to end isolation. The CDPH, in connection with health officials across the state, has undertaken a multi-pronged approach to mitigating…

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New Mileage Rates for 2024

New standard mileage rates for 2024 have been released by the Internal Revenue Service (IRS). The rates are used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes. Applicable rates for 2024 are as follows: Business use. The rate for business use of a vehicle is now set at 67 cents per mile (an increase from the 2023…

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Best Practices: Testing the Limits of Title VII Protections

Title VII of the Civil Rights Act of 1964 (Title VII) applies to employers with 15 or more employees and makes it unlawful for an employer, "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual" with respect to "compensation, terms, conditions, or privileges of employment" on the basis of race, color, religion, sex, or national…

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CRD Initiates First-of-its-kind Lawsuit Against Ralphs Over Alleged Criminal History Screening Violations

California employers take heed; the California Civil Rights Department (CRD) is serious about enforcing the state’s Fair Chance Act (the Act). In a first-of-its-kind lawsuit, the CRD is alleging Ralphs Grocery Company has violated the Fair Chance Act, resulting in the unlawful denial of employment opportunities to hundreds of applicants at grocery store locations across Southern…

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Disability Related “Red Flags” to Avoid in 2024

The Equal Employment Opportunity Commission’s (EEOC) efforts to prioritize its enforcement mandates – based on the agency’s current Strategic Enforcement Plan – should have the attention of all qualified employers. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases) such as Title VII of the Civil Rights Act of 1964 (Title VII) and…

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CA Civil Rights Department Reminder on Sexual Harassment Training

The California Civil Rights Department (CRD) is reminding California employers of the state’s bi-annual sexual harassment prevention training requirements. Under California law, employers with five or more employees must provide at least one hour of training to nonsupervisory employees and two hours of training to supervisory employees every two years. With the new year just getting started,…

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California Supreme Court to Decide PAGA Manageability Issue 

The California Supreme Court recently heard oral arguments in Estrada v. Royalty Carpet Mills, Inc. A decision in the case is expected to address the current split in California Appellate courts on the issue of trial court authority when it comes to limiting California Private Attorneys General Act (PAGA) claims and addressing manageability.   PAGA authorizes aggrieved employees to file…

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The EEO-1 “Failure To File” Deadline is Fast Approaching 

As discussed here, the Equal Employment Opportunity Commission’s (EEOC) 2022 EEO-1 Component 1 data collection opened October 31, 2023.   The deadline for submitting and certifying reports was December 5, 2023.   Employers that have not yet submitted their reports must – according to the EEOC – do so “as soon as possible, and no later than January 9, 2024 (the “Failure…

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New CA Wage Theft Notice and Updated Paid Sick Leave Poster

In addition to updating its California Paid Sick Leave FAQ’s, the California Department of Industrial Relations (DIR) recently updated its Paid Sick Leave Poster and statutory Wage Theft Notice (Notice). The newly updated Notice is provided ahead of its statutory March 1, 2024, deadline. However, as of the date of this article, the updated Notice is currently only available in English (See…

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Colorado Releases Equal Pay Transparency Final Rule

The Colorado Department of Labor Employment (CDLE) has released its final Equal Pay Transparency (EPT) Rules (Rules) and Statement of Basis, Purpose, Specific Statutory Authority, and Findings, clarifying the state’s Equal Pay for Equal Work Act (Act). Largely unchanged from its proposed version, the Rules become effective on January 1, 2024. Under the Act, Colorado employers have an…

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Arizona Minimum Wage Increases January 1, 2024

Under Arizona’s Fair Wages and Healthy Families Act, the state’s minimum wage will increase to $14.35 an hour effective January 1, 2024. The increase will not apply under the following circumstances: If an individual is employed by a parent/sibling, the State of Arizona or the federal government. If a business grosses less than $500,000 in annual revenue and is exempt from paying…

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U.S. Supreme Court to Decide PAGA Manageability Issue

The U.S. Supreme Court recently heard oral arguments in Estrada v. Royalty Carpet Mills, Inc. A decision in the case is expected to address the current split in California Appellate courts on the issue of trial court authority when it comes to limiting California Private Attorneys General Act (PAGA) claims and addressing manageability. PAGA authorizes aggrieved employees to file lawsuits…

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Compliance Deadline for New NLRB Joint Employer Final Rule Extended

The National Labor Relations Board’s (the Board) new Final Rule, establishing an expansive new test for determining when an employer is deemed a ‘joint employer,’ is facing legal challenges. A review of the Final Rule’s significant changes can be found here. Actions brought by the Service Employees International Union and a coalition of business groups led by the U.S. Chamber of…

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The CA Privacy Protection Agency Contemplates New Privacy Regulations

The California Privacy Protection Agency (CPPA) has released proposed draft automated decisionmaking technology (ADMT)[i] regulations defining protections related to businesses’ use of these AI-related technologies. The proposed draft regulations would implement consumers’ rights to opt out of, and access information about, a business’s uses of ADMT, as provided for by the California…

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The NLRB – Looking Ahead to 2024

If you found it difficult to keep up with all of the new directives coming from the National Labor Relations Board (the Board) in 2023, buckle up – it looks like more of the same as we head toward 2024. Priorities for the Board and General Counsel Jennifer Abruzzo will continue to focus on narrowing existing work rules and expanding Union protections. A few key areas will likely…

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OSHA Offers Tips for Preventing Cold-Weather Illness/Injury

U.S. Department of Labor Occupational Safety and Health Administration (OSHA) offers important winter weather reminders for avoiding workplace illness, injuries or fatalities in workplaces impacted by winter weather. OSHA provides various resources aimed at improving the way people prepare for and respond to cold weather conditions. A few key reminders for employers this winter…

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NLRB Renews OSHA Inter-Agency Enforcement Agreement

The National Labor Relations Board (the Board) and the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently announced the signing of a renewed Memorandum of Understanding (MOU), This latest MOU marks the second interagency agreement signed by the Board this year aimed at strengthening and reinforcing the Board’s expanding enforcement efforts. The MOU…

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Managing Holiday Cheer

With the holiday season in full swing and many companies looking forward to once again hosting their employees for in-person holiday parties, it’s a good time to begin managing the holiday cheer. Whether your company will be hosting a formal or casual holiday get together these tips and reminders should help keep things merry and bright! Policy Reminders: It is always a good practice to…

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