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 […]
Posts By: Teresa McQueen
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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…
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,…
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…
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…
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…
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…
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…
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”…
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.…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…