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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California’s DIR Releases Pay Scale Disclosure FAQs
The California Equal Pay Act prohibits an employer from paying its employees less than that of the opposite sex for equal work. Equal Pay Act mandates were strengthened with the signing of the California Fair Pay Act (SB 1162) which, starting January 1, 2023, will require employers to disclose additional pay data, provide pay ranges ...
Updated Workplace Postings for 2023
State and federal law require employers to meet workplace posting obligations. What must be posted depends on many factors including the number of employees, nature and location of the employer’s business, annual dollar volume, whether the employer is a federal contractor, and in certain instances the employer’s industry. Posting requirements vary by statute which means ...
WG Legal Insights E-Newsletter Top 10 Articles of 2022: A Year in Review
It’s been an eventful year in the world of employment law! As 2022 draws to a close we took the opportunity to put together a Top Ten list of some of our most popular articles of the year; we hope you enjoy! Farm Labor Survey Shows H-2A Wage Increase for 2023 Card Check Bill AB ...
New Federal Law Provides Additional Protections to Pregnant Workers
On December 29, 2022, President Biden signed into law two new Bills offering additional protections for pregnant and lactating workers. The Pregnant Workers Fairness Act (PWFA) The PWFA prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions. Under the PWFA, a qualified…
Lack of Training/Compliance Oversight Leads to FCRA Violation
Many employers find it worthwhile to check the references, job history, personal character, criminal conviction history or credit history of an individual prior to making the decision to hire or promote. This can be done through an in-house investigation using public records or by an outside third-party consumer-reporting agency (CRA). Initiating background checks and calling ...
New Colorado Wage Theft Protections Take Effect Jan. 2023
Colorado’s SB 22-161 took effect January 1, 2023, with increased penalties for wage theft and the late payment of wages. Key updates and modifications pertaining to the payment of wages and state enforcement procedures are as follows: Changes the penalties for failure to provide requested information to the division of labor standards and statistics in ...
EEOC to Hold Public Hearing on Use of AI in Hiring and Assessment
The Equal Employment Opportunity Commission (EEOC) is continuing its 2022 Technical Assistance Initiative – addressing compliance with Americans with Disability (ADA) requirements when using artificial intelligence (AI) and other software in hiring and assessing employees – with a public hearing set for January 31, 2023. The Technical Assistance Initiative, better known as the Artificial…
U.S Dept. of Labor Adjusts OSHA Civil Penalties for 2023
The U.S. Department of Labor (DOL) recently published its final rule adjusting civil monetary penalties assessed or enforced by the Department for any Occupational Safety and Health Administration (OSHA) violations associated with a workplace safety and health inspections. The DOL is required by law to annually adjust its civil penalty levels for inflation no later ...
CRD Issues Updated Pay Data Reporting FAQs
The California Civil Rights Department (CRD) has released new FAQs to assist employers with their pay data reporting obligations. While the FAQs are available now, updated resources for the 2022 Reporting Year will be available on the California Pay Data Reporting Portal by February 1, 2023. The California Equal Pay Act prohibits an employer from ...
Cal/OSHA ETS Remains in Effect Pending Approval of Non-Emergency Regulation
As discussed here, California’s Occupational Safety and Health Standards Board (Cal-OSHA) voted on December 15, 2022, to adopt non-emergency COVID-19 Prevention regulations. The non-emergency regulation was to replace the current emergency temporary standards (ETS) which were set to expire on December 31, 2022. The regulations were anticipated to take effect January 1, 2023 through…
It’s That Time of Year: Cal/OSHA Form 300A Postings
Cal/OSHA is reminding all covered California employers to post their 2022 annual summary of work-related injuries and illnesses, including those related to COVID-19, in a visible and easily accessible area at every worksite. The Form 300A summary must be posted each year from February 1 through April 30. Covered employers are those meeting the following ...
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 ...
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 ...
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…
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 ...
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 ...
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…
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 ...
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 ...
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 ...