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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 Plans Multi-County Office Expansions

Cal/OSHA is planning on increasing its physical presence in several California counties over the next several months. Recently announced permanent office sites include: Regional Office in Fresno High Hazard Office in Fresno District Office in Santa Barbara District Office in Riverside According to Cal/OSHA the decision to invest in additional office locations was prompted by…

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EEOC Seeks Public Comment on Proposed Rule Making for PWFA

The Equal Employment Opportunity Commission (EEOC) has posted a Notice of Proposed Rulemaking  for the Pregnant Workers Fairness Act (PWFA). The proposed regulations were released on August 11, 2023, with a public comment period set to end October 10, 2023. The PWFA applies to all employers with 15 or more employees and requires an employer to provide reasonable accommodations, absent undue…

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When it Comes to Handbooks, Everything Old is New Again

In a not-so-surprising move, the National Labor Relations Board (NLRB) has ruled in favor of rejecting its current “balancing test” - used to determine whether an employer’s work rules are so overly broad as to chill employees’ exercise of their rights under Section 7 of the National Labor Relations Act (NLRA) – in favor of a more restrictive “reasonable interpretation”…

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Gov. Newsom Revitalizes California’s Industrial Welfare Commission

California Governor Gavin Newsom’s recently signed budget bill (AB 102) provides a $3,000,000 allocation to the state’s previously non-operational Industrial Welfare Commission (IWC). The IWC - a quasi-legislative agency within the California Department of Industrial Relations (DIR) – was established nearly 100 years ago to regulate wages, hours and working conditions in California.…

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Best Practices: Employee Handbooks

An employee handbook serves several important functions: Provides a resource for employees looking for information on company policies/procedures and expectations. Helps manage employee expectations when it comes to adherence to company policies/procedures. Demonstrates employer compliance with various employment laws. Provides an opportunity to welcome new employees and share a…

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EEOC Revises Its ‘Know Your Rights’ Workplace Discrimination Poster

The Equal Employment Opportunity Commission (EEOC) has updated its “Know Your Rights” poster to include information about protections under the Pregnant Workers Fairness Act (PWFA). The updated poster now includes an expanded definition of sex discrimination including childbirth and related medical conditions and expands protection information related to an employee’s rights when it comes…

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DHS Announces New Form I-9

The U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) have announced the release of a new version of the Form I-9. Employers are required to use Form I-9 to verify the identity and employment authorization of all employees. A newly released final rule and Federal Register notice amends existing employment eligibility verification regulations by making…

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OSHA Announces New National Emphasis Program (NEP)

The Occupational Safety and Health Administration (OSHA) has announced a new National Emphasis Program (NEP) aimed at reducing or eliminating hazards during warehousing and distribution center operations. NEP programs are implemented by OSHA when the agency feels the seriousness and prevalence of hazards associated with certain types of operations warrant additional federal oversight. OSHA…

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New California Employment Laws for 2023

Governor Gavin Newsom was active at the end of 2022, signing several significant new California employment-related laws. Of the 1,166 bills sent for signature, 977 were signed and 169 vetoed. Ninety employment-related bills were signed with 27 vetoed. Below is a non-exhaustive summary of several of the laws affecting employers in the state. All bills, except as otherwise noted, took effect Jan.…

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CA Attorney General Announces CCPA Investigative Sweep

California Attorney General Rob Bona announced earlier this week that his office has initiated an investigative sweep – through inquiry letters sent to large California employers – requesting information on businesses compliance efforts under the California Consumer Privacy Act of 2018 (CCPA). According to the Attorney General’s office, the inquiry letters are being sent as a means of…

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California Supreme Court Issues Ruling in Uber PAGA Case

The California Supreme Court has issued its long-awaited ruling in the Adolph v. Uber Technologies, Inc. (Adolph) case.  On July 17, 2023, the Court held that an aggrieved employee - compelled to arbitrate claims under the Private Attorneys General Act of 2004 (PAGA) “premised on Labor Code violations actually sustained by the plaintiff - does maintain statutory standing to pursue PAGA claims…

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California Delays Enforcement of New Privacy Laws

California employers have been given a reprieve on enforcement efforts under the newly enacted California Privacy Rights Act (CPRA) regulations previously set to have taken effect July 1, 2023. A last-minute ruling on July 3, 2023, by a County of Sacramento Superior Court, has stayed enforcement of the regulations until March 29, 2024. The ruling stems from a challenge to the March 29, 2023…

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CA Supreme Court Clarifies Employer Liability for Spread of COVID-19 to Employee Family Members

A recent California Supreme Court ruling finds that employers do not owe a duty of care under California law to prevent the spread of COVID-19 to an employees’ household members. However, the Court also held that the exclusivity provisions of the Workers’ Compensation Act do not bar a non-employee’s recovery for injuries that are not legally dependent on an injury suffered by an…

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US Supreme Court Clarifies Undue Hardship Test for Title VII Religious Accommodation

In a unanimous U.S. Supreme Court ruling in Groff v. DeJoy,[i] the Court has clarified decades-old precedent regarding an employer’s obligation to accommodate the religious beliefs of its employees. The Court found that under Title VII of the Civil Rights Act of 1964 (Title VII), an employer is required to accommodate an employee’s religious beliefs unless doing so would result in…

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CDPH Updates COVID-19 Recommendations/Definitions

On June 23,2023, the California Department of Public Health (CDPH) updated its definition of COVID-19 Outbreak as well as its links and recommendations concerning masking. Updates from the CDPH include: Recommendation to follow updated masking guidelines: Get the Most Out of Masking ​tips and resources guide. Updated definitions regarding isolation and quarantine for persons…

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Colorado Enacts Job Application Fairness Act

Starting July 1, 2024, Colorado’s newly signed SB 23-058 – known as the Job Application Fairness Act (the Act) – prohibits employers from requesting an individual include their “age, date of birth, or dates of attendance at or date of graduation from an educational institution” on an initial application for employment. In accordance with the Act, employers may request or require an…

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U.S Supreme Court Settles Arbitrability Automatic Stay Issue

The right to file an interlocutory appeal[i] on the issue of arbitrability is provided for under the Federal Arbitration Act (FAA). However, the FAA is not clear on whether District Court proceedings are to be stayed pending resolution of the appeal. With decisions split among the District Courts, the U.S. Supreme Court has resolved the issue in favor of an automatic stay. A 5–4 decision in…

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Farms Assessed $165,0000 by Cal/OSHA after Half Moon Bay Massacre

According to Cal/OSHA, two Half Moon Bay mushroom farms face up to $165,000 in penalties following the agency’s investigation into a deadly active shooter incident that took place last February. The regulatory agency cited California Terra Gardens, under Injury and Illness Prevention Program (IIPP) requirements, for twenty-two alleged violations – many considered serious under Cal/OSHA…

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‘Equally Offensive’ Conduct is Not a Valid Defense Against Hostile Work Environment Allegations  

The recent 9th Circuit case Sharp v. S&S Activewear, L.L.C provides important guidance to employers on the varied types of behavior that can constitute discrimination based on sex under Title VII of the Civil Rights Act of 1964 (Title VII). Eight former employees (“Sharp”) – both male and female – alleged that the employer’s practice of allowing managers and employees to…

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NLRB Changes Independent Contractor Rules…Again

The National Labor Relations Board (NLRB) has once again changed its independent contractor classification rules. The NLRB’s latest decision in Atlanta Opera[i] reestablishes an Obama-era “economic realities” standard making it more difficult for employers to correctly classify independent contractors under NLRB standards. The shifting sands of NLRB independent contractor analysis have…

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