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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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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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…
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...