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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 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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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…

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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…

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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…

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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 -…

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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…

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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,…

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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…

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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,…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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