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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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...