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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: Tips for Creating a Legally Binding Employment Arbitration Agreement

Arbitration is the process of resolving disputes outside the court system. Employment arbitration agreements can be used to ask employees to agree to individually arbitrate employment-related claims and waive their right to bring any class or collective claims in court.  In an employment arbitration, each party (the employer and the employee) presents their side of ...

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New Disability Guidance From the EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) has updated and re-released the resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act.” The document explains how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have other hearing conditions.  The newly ...

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Cal/OSHA COVID-19 Prevention Non-Emergency Rules Adopted

As discussed here, the California Occupational Safety and Health Standards Board voted on December 15, 2022 to adopt non-emergency COVID-19 prevention regulations. A certificate of compliance allowed the existing COVID-19 Prevention Emergency Temporary Standards (ETS) to remain in effect while the state’s Office of Administrative Law conducted its 30-day review. The newly adopted regulations…

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February Marks 30 Years of the FMLA. Here is a refresher on FMLA Compliance

On February 5, 1993, then President Clinton, signed into law the Family Medical Leave Act (FMLA). Thirty years later the U.S. Department of Labor is marking the occasion with events across the nation including the launch of a dedicated FMLA website providing new and updated resources.[i] FMLA requires covered employers to provide eligible employees with ...

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Electronic Signatures Could Be Part of Further Amendments To ALRA

A request by the UFCW and Teamsters to allow the use of electronic authorization cards and signatures in a labor organization’s proof of support when engaged in the organization of workers in the cannabis industry has opened the door to speculative use in the broader agricultural worker population.   A January 23, 2023, memorandum by Board ...

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Best Practices: Protections Under Arizona’s Civil Rights Act

Disability-Related Reasonable Accommodation[i] It is an unlawful employment practice for an Arizona employer to discriminate against any individual with respect to the terms, conditions, or privileges of employment on the basis of any protected classification including disability or religion. Employers must provide a reasonable accommodation for any known physical or mental disability unless…

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California Employers Receive Post-Viking River PAGA Victory

A newly decided PAGA case provides employers with additional guidance on how best to address PAGA actions post-Viking River. The recent district court case Johnson v. Lowe’s Home Centers[i]  provides employers with a clearer roadmap – and a bit of hope – for addressing PAGA claims. As discussed here, the United States Supreme Court decision ...

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DOL Publishes Proposed Independent Contractor Rule for Public Comment

The U.S. Department of Labor (DOL) has officially published its newly proposed rule for classifying workers as Independent Contractors (IC) under the Fair Labor Standards Act (FLSA). The newly proposed rule reinstates a multifactor “totality of the circumstances” approach requiring the consideration of various factors – considered as part of the larger economic reality of ...

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USCIS: Employers To Continue Using Current Form I-9

Employers may continue to use the current United States Citizenship and Immigration Services Form I-9, Employment Eligibility Verification, after its expiration date of October 31, 2022. According to the USCIS, a new version of the Form I-9 will be published via Federal Register notice once it becomes available. Keeping updated on which version of the ...

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Colorado’s New FAMLI Program Takes Effect January 1, 2023

Approved November 2020, Colorado’s Prop 118 has laid the groundwork for implementation of the state’s paid Family and Medical Leave Insurance (FAMLI) program. Set to take effect January 1, 2023[i], the FAMLI will significantly impact Colorado employers’ responsibilities when it comes to leave compliance. The new program will be funded through employer and employee payroll ...

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EEOC Releases New “Know Your Rights” Poster

The Equal Employment Opportunity Commission (EEOC) has updated its “Know Your Rights: Workplace Discrimination is Illegal” poster. The poster – revised as of October 20, 2022 – replaces and supersedes all prior versions of the poster including the version mistakenly uploaded to the EEOC’s website on October 19, 2022. The “Know Your Rights: Workplace Discrimination ...

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New Cannabis Protections for Off-Work Conduct

California’s newest cannabis legislation AB 2188 offers protection to workers whose off-work conduct includes the use of cannabis. Set to take effect January 1, 2024, AB 2188 will make it unlawful for an employer to discriminate against an individual in any terms and conditions of employment if that discrimination is based on the individual’s use ...

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Pay Equity – A Cautionary Tale

Google has agreed to pay $118 million to settle a class action lawsuit alleging violations of California’s Equal Pay Act and Unfair Competition laws.  The lawsuit dates back to September 2017 when three former Google employees filed a class action litigation accusing the tech giant of systematic discrimination based on sex. Specifically, the suit alleges ...

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When Neutral Isn’t Enough: California Invited to Revisit Rounding

In the recent case of Camp v. Home Depot U.S.A., Inc (October 2022), California’s Sixth Circuit Court of Appeal invites the California Supreme Court to review and refine its application of California’s long-standing approval of facially neutral rounding policies. At issue in the case was a challenge to the employer’s application of its allegedly neutral ...

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Colorado Passes New Anti-Discrimination/Retaliation Legislation

A new Colorado law (SB 22-161) will make it unlawful for an employer to discriminate or retaliate against an employee who files a complaint or initiates any proceeding under state/federal laws, or testifies or provides evidence (in their own or another’s case), relating to wages or hours worked. Violations of this new law can lead ...

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CFRA Changes: What Defines a “Designated Person?”

The California Family Rights Act provides a qualified employee the opportunity to request protected leave – up to a total of 12 workweeks in any 12-month period – for family care and medical leave. Employees may take protected time off for their own serious health condition or that of a family member. Various changes over ...

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Best Practices: An Effective Injury and Illness Prevention Program (IIPP)

California law requires an employer to establish, implement, and maintain written safety and health programs that are very important for maintain safety in agricultural field operations. An effective safety and health program can help an employer lower risk and better manage work-related injuries and illnesses. Recognition for safe work practices and a positive environment where ...

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Colorado To Allow Regulated Use of Psychedelic Mushrooms

A newly passed Colorado initiative to decriminalize possession and limited use of psychedelic mushrooms and other plant-based psychedelic drugs was passed by Colorado voters on November 8, 2022. Known as the Natural Medicine Health Act of 2022, the ballot initiative will allow supervised use of two specific compounds, psilocybin and psilocin, found in psychedelic mushrooms ...

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Cal/OSHA Removes ‘Exclusion Pay’ from Non-Emergency COVID-19 Standard

Cal/OSHA has announced it will be dropping ‘exclusion pay’ from its forthcoming Non-Emergency COVID-19 Standard. It was anticipated that a decision concerning exclusion pay would be made in time to allow a seamless transition at the end of this year when the existing Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) expire.   The October Cal/OSHA Standards ...

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Lessening The Risk of Leave Interference

Under state law – California Family Rights Act (CFRA) – an employer may not “interfere with, restrain, or deny the exercise of, or the attempt to exercise,” an employee’s right to take protected leave under the statute.  Under federal law – Family Medical Leave Act (FMLA) – a similar mandate applies making it unlawful for ...

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