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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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Fed OSHA Postpones Decision on Revoking AZ OSH-State Plan

On August 10, 2022, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced it is reopening the comment period for an additional 60 days on its proposal to reconsider and revoke the final approval of Arizona’s State Plan for Occupational Safety and Health (State Plan). A public hearing tentatively scheduled for Aug. ...

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Cal/OSHA Revises Proposed Workplace Violence Prevention Regulations

California Code of Regulations, Title 8, Section 3342 requires covered employers (currently health care facilities) to develop and implement a workplace violence prevention plan (WVPP). Revised drafts of this regulation, making it applicable to general industry not just healthcare, were proposed in 2014 and 2018, but seemingly stalled out.   The most recent draft proposal of ...

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Test Article Marketing Practice Upload

Part of being there for our members includes making sure we give them access to information and solutions in the ag landscape so they can continue driving their businesses forward. For those of you who aren’t familiar with WGU, our courses offer professional development and training programs tailored to the ag-industry. WGU equips ag-industry professionals ...

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Cal/OSHA Steps Up Enforcement of Indoor Heat Hazards

Even though Cal/OSHA has yet to approve its proposed standards on Heat Illness Prevention in Indoor Places of Employment (under review since 2017) it is nonetheless stepping up enforcement efforts to identify and evaluate indoor heat-related workplace hazards, and correct unsafe or unhealthy conditions based on the severity of the hazards.[i] When it comes to ...

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Policy Enforcement: Consistency is Key

To lower risk relating to allegations of harassment, discrimination or retaliation it is important that employers consistently enforce internal policies and procedures. Not just on an individual basis, but across the organization at all levels. This includes enforcing the types of behavior that impact the overall workplace culture (e.g., rude or unprofessional conduct). A perfect ...

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A Wage and Hour Cautionary Tale

A recent California Court of Appeal ruling is a lesson learned regarding California Labor Code section 558.1 which allows an employee to bring a private right of action against “[a]ny employer or other person acting on behalf of an employer, who violates, or causes to be violated, any provision regulating minimum wages or hours and ...

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Cal/OSHA Warns Employers to be Prepared for Excessive Heat

Cal/OSHA is reminding all employers to protect outdoor workers from heat illness as excessive heat watches have been issued in many areas around California. The temperature is forecast to reach or exceed 110 degrees this week through September 5th including in areas around Sacramento, Fresno, San Bernardino, Riverside and Imperial County. Excessive heat watches are ...

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NLRB Again Targets Employer Handbooks

In an opinion with far reaching implications for employer handbook policies, the National Labor Relations Board’s (NLRB) latest decision (Tesla, Inc.) deals with the issue of “lawfulness of workplace rules or policies that restrict the display of union insignia.” The Administrative Law Judge found that Tesla, Inc.’s dress code violated Section 7 of the National ...

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Colorado’s Restrictive Employment Agreement Act is Now Law

As discussed here, Colorado’s HB22-1317 – also known as the Restrictive Employment Agreements Act (REAA) – became effective August 10, 2022. Placing significant limits on the enforceability of Colorado’s existing noncompetition and customer non-solicitation restrictions, the REAA removes preexisting management and executive personnel exceptions and modifies trade secrets exceptions so…

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Best Practices: Tips For Stopping Harassing Conduct

California law requires employers regularly employing 50 or more persons (or regularly receiving the services of 50 or more persons providing services pursuant to a contract) to provide prevention of abusive conduct as a component of its anti-harassment training and education requirements targeted at all employees. Abusive conduct means “conduct of an employer or employee ...

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Begin as You Mean to Go on…

A recent Fourth Circuit[i] case puts into stark perspective how important it is for employers to “begin as you mean to go on…” especially when it comes to enforcing company policies and procedures. Employers must remember that the protections and defenses afforded them under established policies and practices can be put at risk where regular ...

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Gov. Newsom Signs Bill Prohibiting Discrimination for Off-Duty Cannabis Use

AB 2188 – a statute prohibiting discrimination based on off-duty cannabis use – was signed into law on September 19, 2022. As of January 1, 2024 it will be unlawful, with certain exceptions, for an employer to employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise ...

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California Set to Join Colorado on Pay Transparency

With the swipe of a pen California joins Colorado and several other states in enacting pay transparency laws requiring employers to provide additional pay-related data to applicants and employees. Set to take effect January 1, 2023, SB 1162 will require employers to disclose additional pay-related data, including providing pay ranges on job postings and to ...

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30 Years of the ADA Celebrated with Long COVID Disability Guidance

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990 by President George H.W. Bush. The signing of the ADA was considered the most sweeping affirmation of the rights for the disabled in American history. In honor of the ADA’s 30th Anniversary the Biden Administration has announced the release of a ...

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DOL Revokes Joint Employer Rule

On July 29, 2021, the U.S. Department of Labor (DOL) rescinded its final rule entitled “Joint Employment Status Under the Fair Labor Standards Act;” known to most as the Joint Employer Rule. The recission takes effect September 28, 2021. First issued in January 2020, the Joint Employer Rule was the DOL’s attempt to provide guidance ...

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Best Practices: Background Checks: Criminal Conviction History – California

In California, fair chance or Ban-the-Box laws restrict an employer from asking about an applicant’s criminal background history in the early stages of the hiring process. And while there is no federal Ban-the-Box law that applies to private sector employers, California’s Fair Chance Act prohibits private sector employers with five or more employees from inquiring ...

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Update: Mask Mandates

As reported here, many cities and counties across the U.S. have begun reinstating mask mandates in accordance with CDC guidelines. Below you will find an update on requirements for Arizona, California, Colorado and New Mexico. Arizona Phoenix: Effective Monday, August 2, 2021 face coverings will be required in all City of Phoenix facilities, regardless of ...

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Required Postings: California Sets The Record Straight

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 ...

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Colorado Provides Updated Guidance on EPEWA Employer Obligations

Signed into law in 2019 and in effect since January 1, 2021, Colorado’s Equal Pay for Equal Work Act (Act) remains a work in progress. Once signed into law the Colorado Department of Labor and Employment (CDLE) began attempting to clarify some of the Acts more confusing aspects. In November 2020 it issued the Equal ...

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Planning Ahead: New Mexico’s Healthy Workplace Act

“The duty of planning the morrow’s work is today’s duty….” C.S. Lewis Speaking of planning for “the morrow’s work,” New Mexico employers have some planning to do in preparation for the July 1, 2022 enactment of the state’s new Healthy Workplaces Act (HWA). Passed into law on April 8, 2021, the HWA provides employees up ...

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