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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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Best Practices: Worker Health & Safety Reminders

As many agricultural operations begin harvesting efforts it is important to remember preventative measures are key to lowering the incidence of workplace accidents. Included below are a few Cal/OSHA approved harvest-related best practices:  Develop a standard operating procedure, including a system of communication between operators of equipment and crew members, and a means of accounting…

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NLRB Offers Guidance on Confidentiality and Non-Disparagement Prohibitions

The National Labor Relations Board (NLRB) has released a guidance memorandum clarifying its position on the use of confidentiality and non-disparagement provisions in employer settlement agreements.    As discussed here, the NLRB’s late February decision in the matter McLaren Macomb reversed the agencies prior precedent on an employer’s use of confidentially and non-disparagement…

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NLRB Ruling Pushes State Law Boundaries

A recent National Labor Relations Board (NLRB) decision pushes (to the extreme) the limits of existing state law privacy boundaries. In this expansive ruling the NLRB held that surreptitious recordings made by employees at a Pennsylvania Starbuck’s revealed National Labor Relations Act (NLRA) violations and as such justified the employee’s failure to disclose its recording efforts and gain…

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CDPH Issues New COVID-19 Public Health Officer Order

The California Department of Public Health (CDPH) has issued a new COVID-19 Public Health Officer Order updating COVID-19 protocols for the workplace. In effect as of March 13, 2023, the Order mandates the following changes: Updated recommendations regarding isolation for persons infected with COVID-19. Updated definition of infectious period in alignment with updated recommendations…

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Employers Must Take Reasonable Steps to Prevent Harassing Conduct

The Equal Employment Opportunity Commission (EEOC) recently filed suit against ExxonMobil Corporation for alleged violations Title VII of the Civil Rights Act of 1964. The suit stems from allegations that the company failed to take effective measures to prevent the display of racially offensive or threatening conduct at one of its Louisiana chemical plants. Employees at the company’s Baton…

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Good Faith Belief Allows Employer to Avoid Penalties

In the 2022 case Naranjo et al. v. Spectrum Sec. Servs., Inc.,i the California Supreme Court found that meal and rest premiums payable pursuant to Cal. Labor Code section 226.7 constitute wages and - once owed - must be paid in accordance with all relevant wage and hour laws (e.g., inclusion on wage statements and paid within statutory deadlines). In ruling on the matter, the Court remanded the…

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NLRB Ruling Holds Employer Liable for Direct and Foreseeable Harms

The National Labor Relations Board (NLRB) has once again expanded existing precedent. Clarifying its make-whole remedy, the NLRB finds that victims of labor law violations are to be compensated for all “direct or foreseeable pecuniary harm” suffered as a result of unfair labor practices. The Board’s latest decision in Thryv, Inc. follows an NLRB Notice and Invitation to File Briefs asking…

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DOL Ruffles a Few Feathers

Under the Fair Labor Standards Act (FLSA), “employees may not volunteer services to for profit private sector employers” (emphasis not added) or employ minors to perform hazardous jobs. If a reminder is needed….   A North Carolina Chick-fil-A fast food franchise was recently fined six thousand dollars for:  Allowing certain employees to work for meal vouchers rather than wages;…

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California’s CRD Releases FAQs on Employment-Related Agreements

The California Civil Rights Department (CRD (formerly the Department of Fair Employment and Housing (DFEH)) has issued FAQs providing guidance on California’s new limitations on confidentiality and non-disparagement clauses in employment, separation, and settlement agreements. The laws regarding these types of agreements have been expanded over the past several years. The last expansion, SB…

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California’s CRD Releases FAQs on Employment-Related Agreements

The California Civil Rights Department (CRD (formerly the Department of Fair Employment and Housing (DFEH)) has issued FAQs providing guidance on California’s new limitations on confidentiality and non-disparagement clauses in employment, separation, and settlement agreements. The laws regarding these types of agreements have been expanded over the past several years. The last expansion, SB…

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California Appeals Board Clarifies Worksite Water Requirements

A recent Department of Industrial Relations’ Occupational Safety and Health Appeals Board (OSHAB) decision regarding the provisioning of water at outdoor worksites provides clarity on the definition of what “as close as practicable” means when it comes to water placement at the workplace.  In 2019 Cal/OSHA cited a Northern California vineyard after a complaint-initiated safety…

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Best Practices: Timing and Payment of Wages

Federal law requires payment of wages as cash, negotiable instruments (i.e., checks) or under certain circumstances, by crediting the worker for tips earned or the reasonable cost (fair value) of board, lodging or other facilities provided by the employer. Wages under the Fair Labor Standards Act (FLSA) must be paid free and clear of any repayment obligations of any kind (e.g., kickbacks to the…

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California FLC Ordered to Pay over $460,000 to Farmworkers

 A Salinas labor contractor has been ordered to pay more than $460,000 in damages and penalties for allegedly withholding the final paychecks and transportation expenses of hundreds of domestic and H-2A farmworkers after a U.S. district court awarded the U.S Department of Labor (DOL) a consent judgment against the company.  The consent judgment follows a DOL investigation and…

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Fed-OSHA Withdraws Proposal to Revoke ADOSH 

The federal Occupational Safety and Health Administration (Fed-OSHA) has announced the withdrawal of its prior proposal to revoke final approval of Arizona’s state ADOSH program.   On April 21, 2022, the U.S. Department of Labor published a notice of Proposed Reconsideration and Revocation of Arizona’s State Plan. As discussed here, on August 10 2022, the DOL reopened public comment on…

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National Labor Relations Board Enforces New Restrictions on Severance Agreements

The National Labor Relations Board (NLRB) has issued a new ruling reversing prior precedent on an employer’s use of severance agreements. In McLaren Macomb1 the employer offered severance agreements to unionized employees permanently furloughed at the beginning of the pandemic. The agreement contained broad non-disparagement and confidentiality provisions2. In overturning prior decisions on…

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Prepare Now for Year End Harassment Prevention Training

Harassment, discrimination, and retaliatory conduct remain a concern and source of potential risk for employers. Sexual harassment also continues to be a serious area of liability with impacted employers seeing record settlements and damages awards. The California employer’s duty to prevent harassment includes training all employees on preventing sexual harassment and abusive conduct in the…

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Managing Holiday Cheer

With the holiday season in full swing and many companies looking forward to once again hosting their employees for in-person holiday parties, it’s a good time to begin managing the holiday cheer. Whether your company will be hosting a formal or casual holiday get together these tips and reminders should help keep partygoers and companies ...

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CO Paid Family Leave Program Begins January 2023

Colorado’s Family and Medical Leave Insurance (FMLI) program is scheduled to start January 1., 2023. Employers and employees across Colorado are required to notify employees of payroll deductions by posting the Required Program Notice on or before the January 2023 deadline. Premium deductions begin in January however, the first payment employers are required to make ...

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Colorado Extends Its COVID-19 Disaster Emergency Declaration

On November 11, 2022, Colorado’s Governor issued an Executive Order extending the state’s COVID-19 disaster emergency declaration. The declaration which has been in place since March 2020 will now include “Respiratory Syncytial Virus (RSV), influenza, and other respiratory illnesses.” The Order does not create any new requirements when it comes to providing public health emergency…

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Important Wage and Hour Reminders for CA Employers

A new year is just around the corner – can you believe it! Time to begin planning for important changes in California wage and hour laws taking effect January 1, 2023. Minimum Wage: On January 1, 2023, California’s minimum wage increases to $15.50 per hour. This marks the first increase since 2017 that impacts all ...

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