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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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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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Arizona’s Fair Wages and Healthy Family Act: A Cautionary Tale

The Arizona Court of Appeals recent decision in the case Papias v. Parker Fasteners LLC[i] provides a cautionary tale when it comes to the state’s Fair Wages and Healthy Family Act’s (the Act) anti-retaliation provisions. Papias sued his former employer for retaliation when the company terminated him less than 90-days after he attempted to use paid sick time under the Act. The company’s…

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Cal/OSHA Standards Board Proposes Additional Changes to Heat Illness Prevention Standards (Indoor Places of Employment)

On May 18, 2023, the Cal/OSHA Standards Board (Board) held a public hearing to consider modifications to its Heat Illness Prevention in Indoor Places of Employment standard. After receiving oral and written public comment on the proposed revisions, the proposed standard was modified and reissued for public comment.   Key provisions of the modified regulations include:  Removal of…

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Cannabis Protection – Changes for California Employers in 2024

Two significant cannabis-related legislative changes are set to take effect in California on January 1, 2024. AB 2188[i] established Cal. Govt. Code section 12954 prohibiting employers from penalizing applicants/employees for off-duty cannabis use that does not impair the individual’s work performance. SB 700[ii] expands protections provided under AB 2188 and prevents employers from…

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Updated Form I-9 Now In Effect

As of November 1, 2023, all employers should be using the United States Citizenship and Immigration Services’ (USCIS) newly revised and updated Form I-9. As discussed here, the USCIS revised and updated its Form I-9 in August 2023. A grace period for use of the old Form was extended through October 31, 2023. However, starting November 1, 2023, all employers must have switched to the new…

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Guest Post: 4 Things Employers Should Know About Wages and the Holidays

Please enjoy this insightful article from our friends at Jackson Lewis, Jacklin Rad & Ikedi O. Onyemaobin. As we move into what many refer to as the holiday season, employers may have questions about handling wages and the holidays. Here are four things for employers to understand about holidays and pay for hourly (non-exempt) employees. Hours worked on a holiday, Saturdays or…

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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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