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 […]
Posts By: Teresa McQueen
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CDPH Order Redefines Cal/OSHA ETS “Close Contact” and “Infectious Period” Definitions
On June 8, 2022, the California Department of Public Health (CDPH) issued an Order (June 8th Order) redefining “Close Contact” and “Infectious Period” for purposes of CDPH’s Isolation and Quarantine Guidance (last updated April 6, 2022). These definitions directly affect employer requirements under current Cal/OSHA ETS and should be incorporated into existing Illness and Injury ...
Cal/OSHA Revives Workplace Violence Prevention Discussion
Cal/OSHA’s Violence Prevention in Health Care regulations currently require specified health care facilities to establish workplace violence prevention plans to protect health care personnel from aggressive and violate behavior. While those in non-health care industries have more generalized duties (under Cal/OSHA general duty requirements) requiring the identification and evaluation of…
Seeking COVID-19 Clarity
The Ninth Circuit Court of Appeals has certified to the Supreme Court of California the following questions: If an employee contracts COVID-19 in the workplace and brings the virus home to a spouse, does California’s derivative injury doctrine bar the spouse’s claim against the employer? Under California law, does an employer owe a duty to ...
EEOC Issues Guidance on Preventing Discrimination in Hiring Practices
If you are an employer utilizing algorithms and artificial intelligence to assist in your hiring practices, you’ll want to review the recently published guidelines offered by the Equal Employment Opportunity Commission (EEOC). Many employers are increasingly using hiring technologies to help in new employee selection. The following are examples of technology used by employers: to ...
CA Supreme Court Issues Final Ruling on Employer/Staffing Agency Privity
Resolving a conflict in the Courts of Appeal, the California Supreme Court held that an employee’s settlement of their Labor Code and Unfair Competition lawsuit against a staffing agency did not bar them from then alleging the same claims against the staffing agency’s client in a later action. (Grande v. Eisenhower Medical Center) Background Plaintiff ...
EDD Offers Small Business Grants for PFL Assistance
California’s Paid Family Leave (PFL) program – offered through the California Employment Development Department (EDD) – allows California workers to take paid leave to bond with a new child (through birth, adoption, or foster care) or to care for a seriously ill family member. PFL provides eligible employees with up to 8 weeks of wage ...
Colorado’s Law Restricting Non-Competes Becomes Effective August 10, 2022
Passed in May 2022, Colorado’s HB22-1317 – also known as the Restrictive Employment Agreements Act (Act) – becomes effective August 10, 2022. The Act places further limits on the enforceability of non-compete and customer non-solicitation restrictions. Changes also include new notice requirements, expanded penalties, and restrictions about choice of law and venue. HB22-1317…
It’s Getting Hot Out There
As summer temperatures start to climb employers are encouraged to review and comply with Cal/OSHA heat illness standards for all outdoor places of employment. Heat illness is defined under California law as, “a serious medical condition resulting from the body’s inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat ...
New Mexico’s Paid Sick Leave Law Now in Effect
As reported here, beginning July 1, 2022, the New Mexico Healthy Workplaces Act (“HWA”) requires employers with at least one employee to provide all employees (i.e., full-time, part-time, seasonal, and temporary employees) up to 64 hours of paid sick leave. The HWA makes no exception for small employers but does exclude public employers. The HWA ...
California Department of Food & Agriculture Extends Grant Program Deadline
The California Department of Food and Agriculture (CDFA) is extending its application deadline for its 2022 Beginning Farmer and Farmworker Training and Workforce Development Program (BFFTP). Grant applications will now be accepted until August 15, 2022. The BFFTP grant program was funded through the 2021 California general fund budget. The program provides support to organizations ...
Federal District Court Finds Pre-Shift COVID Screening Time Not Compensable Under FLSA
A federal district court in California has answered another important COVID-related legal question. In a case of first impression, the question before the Court was whether time spent by hourly employees receiving pre-shift COVID screening was compensable under the Fair Labor Standards Act (FLSA). (Pipich v. O’Reilly Auto Enterprises, LLC) Plaintiff, a non-exempt truck driver, ...
EEOC Updates COVID-19 Guidance
The Equal Employment Opportunity Commission (EEOC) has recently updated its COVID-19 guidance for employers. The updates reflect a broader understanding of how COVID-19 has evolved and takes into greater consideration evolving public health guidance. While none of the updates constitute major policy changes, they do make clear that going forward employers will need to assess ...
PAGA Repeal Proposition Approved for November 2024 Ballot
The California Secretary of State recently announced that the California Fair Pay and Employer Accountability Act (FPEAA) has qualified for the November 2024 ballot. Nearly 1 million signatures were submitted in support of the Proposition. The FPEAA seeks to repeal California’s controversial Private Attorneys General Act (PAGA) and eliminate Labor Commissioner authority to assist private…
Best Practices: Workplace Investigations
Many state and federal laws require an employer to investigate employee complaints in a timely manner (e.g., California Fair Employment & Housing Act, Title VII, ADA/ADAAA). Prompt and thorough investigations ensure accurate recollections and give the employer the opportunity to quickly take all appropriate corrective actions. The first steps taken by an employer in any ...
Summer Wage and Hour Reminders
Employers are required to pay all nonexempt employees in compliance with state, federal and local wage and hour laws. As we head toward the mid-summer months, here are a few key reminders for compliance with state and federal laws governing the payment of wages and overtime pay: Minimum Wage California and Arizona state minimum wage ...
Update: E-Verify Timeframes for Social Security Discrepancies
The U.S. Social Security Administration (SSA)has announced its resumption of E-Verify operations. The SSA’s notice heralds a return to pre-pandemic timeframes for resolving SSA Tentative Nonconfirmations (i.e., social security number mismatches). As of July 15, 2022, employees whose E-Verify cases are referred to SSA on or after July 15, 2022, will have the normal 8 federal working…
CA Proposition to Increase Minimum Wage Delayed
A proposition to increase California’s minimum wage has been delayed until November 2024. The “Living Wage Act of 2022,” an initiative that proposes measured increases to California’s existing minimum wage ($1 per year starting in 2023 raising the minimum wage to $18 for all employers by 2026) was intended for a 2022 November vote. However, ...
A Good Reason to Stay off OSHA’s Radar
Virginia based Dollar Tree Inc., was definitely on OSHA’s radar after receiving – and failing to rectify – hundreds of citations issued for a wide variety of violations at two of its Ohio Dollar Tree stores. Violations at the two retail properties for obstructed egress, unstable stacks, trip hazards, inaccessible electrical equipment and more has ...
CA Court of Appeals Issues Precedent Setting Ruling on Website Public Accommodation Issue
Online-only businesses received great news this week when the California Court of Appeal issued a ruling that closes the door on California lawsuits brought against online-only businesses. The Court, in agreement with 9th Circuit precedent, ruled in Martinez v. Cot’n Wash, Inc., that websites associated with online-only businesses are not “public accommodations” covered by the ...
Under FMLA, Discouragement Can Be Denial
A key aspect of the Family Medical Leave Act (FMLA) is its mandate that employers may not “interfere with, restrain, or deny the exercise of or the attempt to exercise, any rights” under the Act. A recent Seventh Circuit decision[i] highlights the employer’s duty to provide leave without interference, no matter how that interference may ...