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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: Empathy As A Leadership Tool

Empathy: “the action of understanding, being aware of, being sensitive to, and vicariously experiencing the feels, thoughts, and experience of another….” The ability to take on the role of someone who says: “I may not know how you feel, but I’m here to listen.” A time consuming and potentially messy workplace skill set, but one that is infinitely useful if you are someone who manages…

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Cal/OSHA Reminds Employers To Protect Workers From Heat Illness During Heat Wave

Cal/OSHA is reminding all employers to protect workers from heat illness at outdoor and indoor workplaces as heat waves are forecast across California this week.  As California experiences more frequent and severe weather patterns, heat events are extending earlier into the year. Employers must remain vigilant in protecting workers and be prepared for any increase in temperatures.  The…

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Best Practices: AI-Assisted Performance Evaluations: How Managers Can Use It Well (and Avoid the Traps)

Performance review season puts a spotlight on how managers document results, development, and expectations. This period is critical for both managers and employees as they assess achievements, set future goals, and provide constructive feedback. As annual or biannual reviews approach, leaders are seeking effective strategies to streamline the process and ensure evaluations are fair, thorough,…

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Guidelines for Youth Employment in Agriculture

Every year, millions of teens work part-time or summer jobs. In California and Arizona many of those jobs are agriculture related. These early job experiences can be valuable for young people, giving teenagers meaningful chances to develop essential work skills. It is important for employers to recognize and be familiar with state and federal child labor laws ensuring minors receive…

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California Pay Data Reporting is Open

As a reminder, on February 2, 2026, the California Civil Rights Department (CRD) announced the opening the pay data reporting portal for data from 2025. Under California law, private employers of 100 or more employees or workers hired through labor contractors are required to report pay, demographic, and other workforce data to the state each year. The deadline for employers to file…

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NLRB Issues New Case Handling Guidance

On February 27, 2026, the National Labor Relations Board’s Office of the General Counsel issued a new Case Handling Guidance memorandum (GC Memo) outlining updated expectations for how Regions investigate, resolve, and prioritize unfair labor practice cases.   For employers, the GC Memo signals a more streamlined and pragmatic enforcement approach to enforcement, with increased…

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NLRB Publishes Final Rule Restating 2020 Joint Employer Standard

On February 27, 2026, the National Labor Relations Board (NLRB) published a final rule withdrawing its 2023 joint employer standard and formally restoring the prior rule governing joint employer status under the National Labor Relations Act (NLRA). The rule took effect immediately upon publication and reinstates the regulatory text originally promulgated in February 2020.  How the…

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New DOL Proposal Could (Again!) Redefine Independent Contractor Status Under Federal Law

On February 26, 2026, the U.S. Department of Labor’s Wage and Hour Division (DOL) announced a newly proposed rule that would determine when a worker may be classified as an independent contractor under the Fair Labor Standards Act and related federal laws.   The newly proposed rule, if finalized, would rescind the current DOL 2024 Final Rule addressing the…

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Best Practices: Consistency Matters in Terminations

A recent federal court decision in an age discrimination case illustrates how routine employment decisions can create litigation risk when execution is inconsistent or poorly documented.   In the case, Gaudette v. Corning, Inc. (Gaudette), a 62‑year‑old temporary worker sued his employer after being denied conversion to a regular position despite receiving and accepting a…

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Ethics and Civility: Keys to Building a Respectful Workplace

Earlier this year a federal jury awarded a security guard $5.5 million in damages based on its finding that the company’s vice president of operations violated federal law by sexually harassing a female employee.  Months of unwanted sexual comments, and advances, including an incident where the harasser exposed himself, and threats of physical violence were reported by the female…

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Lessons Learned: AI Notetaking Tools Can Create Discoverable Evidence

A recent federal ruling highlights a growing risk for employers that use AI tools to capture notes, summarize meetings, or analyze sensitive workplace issues. In United States v. Heppner, the court held that documents created using Anthropic’s Claude AI tool—and later shared with legal counsel—were not protected by the attorney-client privilege.client privilege.  The…

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Blurry Print, Clear Message: CA Supreme Court Provides Arbitration Agreement Guidance

The Supreme Court of California, in the recent case Fuentes v. Empire Nissan, Inc. (Fuentes), held that small blurry print in an arbitration agreement was not enough to support a valid claim of unconscionability under California law. In Fuentes, an employee applicant signed the company’s arbitration agreement even though the font size was tiny, blurry and the document…

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U.S. OSHA Launches New Safety Champions Program

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has launched a new initiative called the Safety Champions Program, designed to help employers cultivate and sustain robust safety and health practices in the workplace. The new program aims to significantly reduce workplace injuries, illnesses, and fatalities by providing a structured framework based on proven…

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Best Practices: Navigating Workplace Romance

With Valentine's Day quickly approaching, love is in the air, even in the workplace. While office romances can lead to meaningful relationships, they also come with potential risks that employers need to manage carefully. Understanding these risks and implementing best practices can help maintain a professional and safe work environment.  Some interesting statistics on workplace…

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DOL Clarifies Bonus Inclusion for Overtime Under FLSA

A newly issued U.S. Department of Labor Wage and Hour Division (DOL) opinion letter makes clear that an incentive bonus, awarded automatically when employees satisfy predetermined criteria, is not discretionary and must be included in the regular rate of pay for overtime calculations. The determination rests on the Fair Labor Standards Act (FLSA) and the nature of the bonus…

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Cal/OSHA Issues Form 300A Summary Filing Reminder

Cal/OSHA is reminding employers to post their 2025 annual summary of work-related injuries and illnesses by February 1, 2026. The Form 300A summary must be posted each year from February 1 through April 30. The annual summary must also be placed in a visible and easily accessible area at each worksite.   It is important to note that even employers with no workplace…

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New Employment Laws for 2026

California’s 2025 legislative session introduced important changes impacting employers and employees. Out of a total of 917 bills, 794 became law, including approximately 70 that focused on employment issues. Employers should act promptly to ensure compliance with the new regulations, effective Jan. 1, 2026, unless otherwise specified. California’s minimum wage has increased from $16.50…

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EEOC Rescinds Workplace Harassment Guidance

As discussed here, on November 1, 2023, the Equal Employment Opportunity Commission (EEOC) finalized a new anti-harassment resource titled Enforcement Guidance on Harassment in the Workplace (“Guidance”). The Guidance was approved and published by the EEOC on April 29, 2024, and was immediately subjected to legal challenge.   On May 15, 2025, a federal district court in Texas…

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Best Practices: Managing Performance Issues When Employees Take Protected Leave 

When it comes to managing employee performance issues, many employers struggle with whether or not protected leave—such as leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA)—creates a barrier to addressing legitimate performance concerns. The reality is that employees on protected leave are not per se “untouchable,” and…

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Department of Labor Clarifies Use of FMLA Leave for Travel to Medical Appointments

The U.S. Department of Labor (DOL) has issued a significant opinion clarifying that employees are entitled to use leave under the Family and Medical Leave Act (FMLA) not only for the time spent at medical appointments but also for the time spent traveling to and from these appointments. This clarification applies both to medical appointments related to an employee’s own serious health…

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