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
- All
- June, 2026
- May, 2026
- April, 2026
- March, 2026
- February, 2026
- January, 2026
- December, 2025
- November, 2025
- October, 2025
- September, 2025
- August, 2025
- July, 2025
- June, 2025
- May, 2025
- April, 2025
- March, 2025
- February, 2025
- January, 2025
- December, 2024
- November, 2024
- October, 2024
- September, 2024
- August, 2024
- July, 2024
- June, 2024
- May, 2024
- April, 2024
- March, 2024
- February, 2024
- January, 2024
- December, 2023
- November, 2023
- October, 2023
- September, 2023
- August, 2023
- July, 2023
- June, 2023
- May, 2023
- April, 2023
- March, 2023
- February, 2023
- January, 2023
- December, 2022
- November, 2022
- October, 2022
- September, 2022
- August, 2022
- July, 2022
- June, 2022
- May, 2022
- April, 2022
- March, 2022
- February, 2022
- January, 2022
- December, 2021
- November, 2021
- October, 2021
- September, 2021
- August, 2021
- July, 2021
- June, 2021
- May, 2021
- January, 2021
Temporary COVID-19 Form I-9 Flexibilities End July 31, 2023
As discussed here, U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) temporary COVID-19 Form I-9 flexibilities are scheduled to sunset on July 31, 2023. Although changes are in the works[i], DHS has not yet published a final rule that would allow alternate procedures for examining identity and employment eligibility documents. As such, employers…
Colorado Expands Sick Leave Requirements
Colorado recently expanded its list of qualifying reasons employees may take leave under its Healthy Families and Workplaces Act (HFWA). Senate Bill 23-017, signed into law June 1, 2023, now allows an employee to take HFWA protected leave for these additional – non-health related - reasons: “grieve, attend funeral services or a memorial,” or address “financial and legal matters…
DOL Guidance on Calculating FMLA for a Week with a Holiday
The U.S. Department of Labor (DOL) has issued a new opinion letter providing guidance on calculating Family Medical Leave Act (FMLA) leave taken during a week that includes a holiday. The opinion letter explains that a holiday occurring under these circumstances does not count against an employee’s FMLA entitlement so long as the employee works at least part of the week. The FMLA requires…
Strike Destruction Not Preempted by NLRA
In accordance with U.S. Supreme Court precedence, National Labor Relations Act (NLRA) protections governing the right to strike are not absolute. Reinforcing this long-held position, the Court’s June 1, 2023 decision in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, U.S., No. 21-1449 found that the employer’s claims of intentional property damage by the Union -…
Best Practices: “On Call” and “Standby” Time
Under California law, employees must be paid for all hours worked. This includes hours for which the employee is subject to the control of the employer and includes all time the employee is “suffered or permitted to work,” whether or not required to do so. “On-call” or “standby” time at a work site is considered hours worked for which an employee must be compensated even if…
CA Localities Once Again Surpass State Minimum Wage Requirements
As of July 1, 2023, minimum wage rates continue to rise in several California localities exceeding the state’s mandated $15.50 per hour; in some instances, by several dollars. California employers are required to pay all nonexempt employees in compliance with state, federal and local wage and hour laws. In all cases, employers are required to pay the higher of any applicable federal, state,…
DOL Imposes $71K in Fines Over Youth Worker Violations
Owners and operators of SDI of Neil LLC, operating as Sonic Drive-In, paid over $70,000 in civil money penalties for violating Fair Labor Standards Act (FLSA) restrictions protecting young workers. The company was cited for hiring underage workers, exceeding federal child labor work hour restrictions and allowing teenagers to engage in hazardous occupations. An expensive lesson. Every…
An End to The Controversy Surrounding California’s AB 51
California’s attempt to prohibit the use of employment-related mandatory arbitration agreements has been a long and ongoing battle. The latest scrimmage stems from the 2019 legislative session which produced AB 51. Signed into law October 2019 and effective (for a short period) beginning January 1, 2020, AB 51 prohibited an employer from requiring any applicant or employee to waive any right,…
DOL Publishes Administrative Guidance on PUMP Act
The U.S. Department of Labor Wage and Hour Division (WHD) has published internal guidelines for agency officials responsible for enforcing Fair Labor Standards Act (FLSA) provisions of the 2022 PUMP Act (the Act). Employers are encouraged to review the newly published Field Assistance Bulletin No. 2023_02 to gain an ‘insider’s view’ into how the WHD will interpret and ultimately…
U.S. Department of Labor Updates FMLA Poster
The U.S. Department of Labor (DOL) has recently released an updated Family and Medical Leave Act (FMLA) notification poster. Various federal laws require employers to provide notice of employee protections including those associated with the FMLA. In accordance with the FMLA, private employers with 50+ employees are required to display and keep displayed a poster prepared by the DOL…
EEOC Releases Updated COVID-19 Resource Guide
On May 15, 2023 the U.S. Equal Employment Opportunity Commission (EEOC) released an update to its COVID-19 Technical Assistance guide, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (the Guide). Key updates to the Guide include: COVID-19 Accommodations Do Not Automatically Terminate: The end of the COVID-19 public health emergency does not mean…
Background Check Compliance Update
The U.S. Consumer Financial Protection Bureau (CFPB) has published an updated version of its Summary of Consumer Rights notice. The Summary of Consumer Rights form is one of several federal notification forms employers must provide when conducting background checks in compliance with federal law under the Fair Credit Reporting Act (FCRA). Employers using consumer reports for…
DHS Extends COVID Form I-9 Flexibilities Compliance Deadline
The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have provided employers with an additional 30-days to reach compliance with Form I-9 requirements after COVID-19 flexibilities sunset on July 31, 2023. COVID-19 flexibilities were first announced in March 2020 and subsequently extended throughout the COVID-19 pandemic. Employers still relying…
California Supreme Court Confirms Next Business Day Pay Practice
A refusal by the California Supreme Court to review the case Parsons v. Estenson Logistics, LLC leaves in place a Third District Court of Appeals ruling confirming that where an employee’s “weekly paid wages are due on a weekend or holiday, they may be paid on the next day that is not a holiday.” Parsons brought a Private Attorneys General Act (PAGA) action against his employer claiming…
Newly Enacted Colorado Law Expands Employer Notification Obligations
Signed into law March 31, 2023, Colorado’s HB23-1006 (Employer Notice of Income Tax Credits) requires an employer to provide written notice of the availability of federal and state earned income tax credits and federal and state child tax credits at least once annually. Employers may send the written notice to employees electronically, including via email or text message. The written…
Best Practices: Termination
Making the decision to terminate the employee relationship is a complex decision that requires thought and planning. There are many things an employer can do to help minimize potential liability resulting from termination decisions. Key suggestions include, but are not limited to, the following: At-Will Language: Include at-will language in the company’s employment applications, offer…
California Pay Data Reporting Deadline is Fast Approaching
California law1 requires employers with 100 or more payroll or labor contractor employees to annually submit data on the pay, hours worked, and demographics of their employees to the California Civil Rights Department (CRD). The filing deadline for the 2022 reporting year is May 10, 2023. As discussed here, ahead of the May 10th deadline, the CRD has begun accepting…
Navigating the Use of Artificial Intelligence in Employment Decisions
As artificial intelligence becomes increasingly integrated into various employment-related technologies, it is important for employers to consider the potential impact on their obligations to prevent discrimination in the workplace. The Equal Employment Opportunity Commission (EEOC) has released guidelines on the use of software, algorithms, and AI to assess job applicants and employees as part…
CRD Announces Enforcement Deferral for Labor Contractor Employee Pay Reports
The California Civil Rights Department (CRD) has updated its Pay Data Reporting FAQs to announce that beginning April 18, 2023, it will begin accepting “enforcement deferral requests” from employers for their Labor Contractor Employee Reports due May 10, 2023. Once granted, CRD will defer – through July 10, 2023 – seeking an order of compliance for the employer to file its Labor…
California’s Healthy Workplaces, Healthy Families Act of 2014 Subject to PAGA
In a case of statutory interpretation, the California Court of Appeal recently ruled that litigation to enforce the state’s paid sick leave law (PSL) may be prosecuted under the state’s Private Attorney General Act (PAGA).i The Healthy Workplaces, Healthy Families Act of 2014 (HWHFA)ii generally requires employers to provide eligible employees with at least three paid sick days per year.…