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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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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On July 29, 2021, the U.S. Department of Labor (DOL) rescinded its final rule entitled “Joint Employment Status Under the Fair Labor Standards Act;” known to most as the Joint Employer Rule.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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Best Practices: Revoking A Conditional Offer of Employment

California’s Fair Chance Act (FCA) limits an employer’s use of an applicant’s or employee’s criminal conviction history in the following ways: Including questions about an individual’s conviction history before a conditional offer of employment has been made. Inquiring, considering, or discriminating information about an applicant’s or employee’s criminal conviction history before…

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Best Practices – The At-Will Nature of Employment

With few exceptions, almost all states, including California and Arizona, adhere to the default rule of at-will employment. The at-will nature of employment; the ability to terminate the employment relationship with or without notice for any reason, so long as it’s not a wrongful reason, is an important legal protection, and can help in challenging ...

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Sexual Harassment – It’s Still A Thing

A workplace “rife with fear and intimidation” is how independent investigators reporting on allegations of sexual harassment by New York Governor Andrew Cuomo described the work environment of the Governor’s Executive Chambers.  A toxic workplace culture that not only enabled harassing conduct, but also “created a hostile work environment overall.[i]”  Staggering. The…

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UPDATE: EEO-1 Reporting Deadline Extended

The Equal Employment Opportunity Commission (EEOC) just announced that it is once again extending its EEO-1 Data Collection filing deadline. The new deadline for uploading EEO-1 reports for 2019 and 2020 has been extended from August 23, 2021 to October 25, 2021.  Employers subject to EEO-1 reporting requirements should take note that the EEOC’s extension ...

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Vaccination Mandate Q & A

To mandate vaccinations or not to mandate vaccinations, that is the question. As instances of the COVID-19 Delta variant rises across the country more and more businesses are beginning to require vaccination as a condition of employment. The Equal Employment Opportunity Commission (EEOC), the Department of Justice (DOJ) and the California Department of Fair Employment ...

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Court Applies FAA Default Rule to Resolve Conflicting Arbitration Provisions

A recent decision by the California Court of Appeal (2nd App. Dist.) relied on the Federal Arbitration Act (FAA) to settle a question of ambiguity created by a typographical error in a third-party translation of an employer’s arbitration agreement. In the case Western Bagel Co. Inc. v. Superior Court of Los Angeles County and Jose ...

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Demanding A Warrant From OSHA? Think Twice.

Occupational Safety and Health Administration, Arizona Division of Occupational Safety and Health (ADOSH), and California Occupational Safety and Health Administration (Cal/OSHA); three agencies, one mission: improving and protecting the health and safety of workers across all industries. Each of these three agencies (collectively, “OSHA”) sets health and safety standards, provides outreach,…

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Best Practices: Compensable Time – Donning and Doffing

One of the costliest mistakes an employer can make is failing to pay compensable time in accordance with applicable local, state, and federal laws. Arizona law follows federal law under the Fair Labor Standards Act (FLSA) regarding compensable time such as defining the workday, the de minimis doctrine, pre- and post-shift activities (e.g., donning and ...

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PAGA Claims Are Not Subject To Arbitration

Confirmation has again been provided – if such was needed – that current or former employees “cannot be compelled to arbitrate [Private Attorneys General Act (PAGA)] claims based on a predispute arbitration agreement.” This was the finding of the Court of Appeal (5th District) in its ruling in the case Herrera v. Doctors Medical Center ...

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Best Practices: Vacation Time

Employers are not required by law to provide employees with paid vacation; it is a non-mandatory benefit. However, once an employer elects to provide paid vacation to its employees, there are some important guidelines that must be followed. Provided below is an overview of some of the most important things to keep in mind when ...

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Reminder: American Rescue Plan COBRA Subsidy Notices

The Department of Labor has created a Model Notice of Expiration of Period of Premium Assistance to help COBRA Administrators prepare for the upcoming American Rescue Plan Act (ARP) COBRA subsidy program expiration date of September 30, 2021. Assistance eligible individuals must receive notice of the subsidies expiration date 15 to 45 days in advance ...

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New OSHA Vaccine Mandate Directive

A new directive from the White House has the Occupational Safety and Health Administration (OSHA) tasked with implementing a new emergency rule mandating that employers with 100+ employees require their workforce to be vaccinated or require unvaccinated employees to produce negative COVID-19 tests on a weekly basis. Building on earlier vaccination-related mandates – requiring all ...

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Best Practices: Safeguarding Employee Medical Information

COVID-19 and its Delta variant continue to wreak havoc in the workplace. A continually changing landscape of guidelines, mandates, and federal emergency temporary standards (EST) make it increasingly difficult to stay abreast of the private employer’s increasing responsibilities. With more and more private employers implementing – or considering implementing – vaccination mandates, it is…

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