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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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2022 EEO-1 Component 1 Data Collection Now Open

The Equal Employment Opportunity Commission’s (EEOC) 2022 EEO-1 Component 1 data collection opened October 31, 2023. The deadline to submit and certify reports is December 5, 2023. To meet this deadline eligible filers are encouraged to begin the filing process as soon as possible. The EEO-1 Component 1 report (EEO-1) is a mandatory EEOC annual data collection requiring all private sector…

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NLRB Expands Definition of Joint Employer Under the NLRA

The National Labor Relations Board (Board) has 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.’ Although the NLRA is silent as to the definition of “joint employer,” the Board…

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Civil Rights Department Offers Free Webinar Series

California’s Civil Rights Department has announced the release of a new monthly “Civil Rights 101” webinar series. The series is free and focuses on addressing discrimination in both housing and employment. The series supports both employers and employees and is geared toward educating employers, hiring managers, human resource professionals, workers, job seekers, tenants, housing seekers,…

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California Amends its Healthy Workplaces, Healthy Families Act

California’s newly signed SB 616 amends the state’s Healthy Workplace, Healthy Families Act of 2014 (HWHFA) by increasing accrual/frontloading paid sick leave mandates from 24 hours (3 days) to 40 hours (5 days) and increasing cap amounts to 80 hours. Currently, with certain exceptions, the HWHFA entitles an employee to paid sick days if the employee works in California for the same…

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A Cautionary Tale for Employers Who Request Pre-Employment Medical Exams

Variety store retailer Dollar General recently agreed to settle an Equal Employment Opportunity Commission (EEOC) lawsuit for violations of the Americans with Disabilities (ADA) and Genetic Information Non-Discrimination Acts (GINA). The $1 million dollar settlement is a cautionary tale for those employers who require applicants to pass pre-employment medical exams. It is also an important…

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California’s SB 848 Creates new “Reproductive Loss” Leave

Starting January 1, 2024, California employers with five or more employees will be required to provide qualifying employees with five days of leave following a ‘reproductive loss.’ SB 848 makes it unlawful for a covered employer to refuse to grant Reproductive Leave (“Leave”) following a miscarriage, failed surrogacy, stillbirth, unsuccessful “assisted reproduction” (i.e.,…

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AB 1076 Creates Noncompete Notice Requirement

Just to drive home the point that California is serious when it says noncompete agreements are unenforceable, Governor Newsom has signed yet another bill on the subject. As discussed here, on September 1, 2023 Governor Newsom signed into law SB 699, a statute firmly establishing the state’s position when it comes to prohibiting restrictive covenants. On October 13, 2023, the Governor signed…

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EEO-1 Reminder and Non-Binary Filing Tip

The Equal Employment Opportunity Commission’s (EEOC) 2022 EEO-1 Component 1 data collection opens October 31, 2023. The EEO-1 Component 1 report is a mandatory annual data collection for all private sector employers with 100 or more employees and federal contractors meeting certain criteria including having 50 or more employees. Additional reporting details and resources can be found…

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California Expands Workplace Violence Protection Orders

On September 30, 2023, California Gov. Gavin Newsom signed into law SB 428 providing expanded protection against certain types of workplace violence and harassment. Existing law allows an employer to seek a temporary restraining order (TRO) to protect employees and their immediate family members from a person who has engaged in violence or a credible threat of violence. However, when…

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CA Civil Rights Department Launches Online Guide to California’s Fair Chance Act

The California Civil Rights Department (CRD) has launched a new online interactive guide to assist job seekers in better understanding whether the state’s Fair Chance Act protections apply to them. The Fair Chance Act seeks to reduce barriers to employment for people who have been previously involved in the criminal legal system. In passing the law, the Legislature recognized that nearly…

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Best Practices: The Termination Process

The employment relationship can end for a variety of reasons and in many ways. How a separation occurs has as much to do with limiting an employer’s risk as why separation was necessary in the first place. What follows are a few key steps employers should keep in mind before, during and after a termination has occurred. Understand applicable laws. Given that ‘at-will’ employment is…

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EEOC and DOL/WHD Enter Into Formal Cooperation Agreement

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (DOL/WHD) have entered into a Memorandum of Understanding (MOU) signaling a new era of interagency cooperation facilitating the sharing of information, joint investigations, training and outreach. The non-binding MOU outlines procedures to be followed by both agencies as they…

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2022 EEO-1Data Collection Opens October 31, 2023

The 2022 EEO-1 Component 1 data collection opens October 31, 2023. The EEO-1 online Filer Help Desk will open the same day to assist filers with any inquiries they may have regarding the 2022 collection. The deadline to file the 2022 EEO-1 Component 1 report is December 5, 2023. EEO-1 reporting is a mandatory annual data collection requiring all private employers with 100 or more employees…

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NLRB Reevaluates What It Means to Engage In Protected Concerted Activities

The National Labor Relations Board’s (NLRB) latest decision in Miller Plastic Products, Inc., overrules existing standards and returns to prior precedent for determining what constitutes concerted protected activity under the National Labor Relations Act (NLRA or the Act). Section 8 of the NLRA makes it an unfair labor practice “to interfere with, restrain, or coerce employees” in the…

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California Enacts Statewide Ban on Smoking in the Workplace

With the signing of SB 626 California initiates a statewide ban on smoking in the workplace. Finding the regulation of smoking in the workplace to be a matter of statewide interest and concern, the Legislature proposed SB 626 as a means of eliminating the need for local governments to enact workplace smoking restrictions within their respective jurisdictions. Specifically, SB 626…

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Beating A Dead Horse: CA Governor Signs SB 699 Prohibiting Restrictive Covenants

On September 1, 2023, in a moment of Legislative overkill, California Governor Gavin Newsom signed into law SB 699. The ‘we really mean it’ legislative initiative that reinforces current laws prohibiting restrictive covenants. Existing law concerning restrictive covenants (e.g., non-competition, non-solicitation agreements) regulates business activities to maintain competition. To that…

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California Privacy Enforcement: No Rest for the Regulated

Privacy law compliance dates remain on the horizon for California employers. Provided below are a few key updates: California’s Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA)): As discussed here, a last-minute ruling on July 3, 2023, by a County of Sacramento Superior Court, stayed enforcement of employer related CCPA regulations[i] until March 29,…

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Policy Enforcement: Consistency is Key

To lower risk relating to allegations of harassment, discrimination or retaliation it is important that employers consistently enforce internal policies and procedures. Not just on an individual basis, but across the organization at all levels. This includes enforcing the types of behavior that impact the overall workplace culture (e.g., rude or unprofessional conduct). A perfect example of…

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EEOC Settles First Discrimination Suit Based on Use of AI Software

The Equal Employment Opportunity Commission (EEOC) has just settled its first discrimination suit based on the use of artificial intelligence (AI) in the hiring process. The case EEOC v. iTutorGroup offers employers a new cautionary tale on the use of artificial intelligence tools in the workplace. The iTutorGroup allegedly violated federal anti-discrimination laws by programming its online…

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CA Supreme Court Clarifies the term “Employer” under the FEHA

The Supreme Court of California [i] recently answered a question of statutory interpretation concerning the state’s Fair Employment and Housing Act (FEHA). The question certified to the Court was whether the FEHA’s definition of ‘employer,’ which includes ‘any person acting as an agent of an employer,’[ii] permits a business entity acting as an agent of an employer to be held…

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