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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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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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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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