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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Change to Cal/OSHA ETS Self-Quarantine Requirements
On September 21, 2021 Cal/OSHA updated its current emergency temporary standards (ETS) FAQs to incorporate newly released guidance from the California Department of Public Health (CDPH). One of the most notable changes is the relaxing of existing quarantine requirements for unvaccinated, asymptomatic workers. The updated ETS now offers alternative quarantine periods for asymptomatic unvaccinated…
Vaccination Information and HIPAA in the Workplace
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) has been a source of workplace confusion since it was signed into law by President Bill Clinton on August 21, 1996.[i] What is HIPAA and how does it apply in a workplace setting are among the most asked questions. HIPAA is a federal law that ...
Best Practices: The Ongoing COVID-19 Workers’ Compensation Presumption
Enacted September 2020, SB 1159 codified and superseded Gov. Newsom’s Executive Order No-62-20. The statute applies to California employers with five or more employees and employees who test positive for COVID-19 during an outbreak at their place of work on or after July 6, 2020. As the state continues to recover from the impacts of ...
The Compensation Trap
Starting January 1, 2022, California employers risk criminal charges for the intentional theft of wages.[i] An intentional theft of wages in an amount greater than $950 for one employee, or $2,350 for two or more employees will subject an employer to a criminal charge of grand theft. Given the severity for failing to pay workers ...
Religious Accommodation – Are There Limits?
It is considered an unlawful employment practice for an employer to discriminate against an employee/applicant because of a conflict between the person’s religious belief or observance and any employment requirement unless providing the accommodation would result in an undue hardship. Employers who receive religious based accommodation requests – including those made in response to…
Check – No Check
With the COVID-19 threat unresolved, companies nationwide are on the horns of a dilemma on several fronts; decisions about how to return to work and whether to mandate employee vaccination are just the tip of the iceberg. New concerns about verifying the authenticity of vaccination cards are slowly edging their way to the top of ...
Best Practices: Workplace Privacy
Advances in technology have created new concerns for workplace privacy. Automated systems, email and instant messaging technology have helped employers reduce operating costs and increase efficiency. These systems have also increased the employer’s risk when it comes to protecting information shared during the employment relationship. The Right to Privacy The U.S. Constitution does not…
Fifth Circuit Issues Temporary Stay of Fed/OSHA ETS
Announced November 5, 2021 and set to take effect January 4, 2022, OSHA’s newly announced COVID-19 Emergency Temporary Standards (ETS) are facing multiple legal challenges across the country. The same day the new ETS rules were announced, employers from supermarkets, restaurants, staffing agencies and others filed suit in Federal…
Best Practices: The Culture Challenge
Company culture can help build a solid organization and create significant change during even these trying times. Research finds that a strong culture can drive positive organizational outcomes, create long-term value, and prove a significant liability when out of line with legal responsibilities. Company culture is more than just a fancy marketing slogan or…
Reimagining The Way We Work
With the boundaries between work and home irrevocably blurred by the ongoing COVID-19 pandemic, we find ourselves asking, will the workplace ever return to “normal?” If current trends are any indication, the answer is more than likely, no. Forever changed by one of the greatest disruptions to work in generations, workers across the nation – and the ...
UPDATE: Fifth Circuit Stay Puts OSHA ETS Enforcement on Hold
After conducting an expedited review of OSHA’s November 5, 2021, Emergency Temporary Standard (ETS) the Fifth Circuit Court of Appeals reaffirmed its initial stay Order preventing OSHA from enforcing the ETS as planned starting January 2022. The Court made several interesting findings in its November 12, 2021, Order, deeming the ETS “fatally flawed” and contradictory ...
Colorado Depart. Of Labor and Employment Ends 2021 Rulemaking Session
Colorado’s Department of Labor and Employment (CDLE) ended its 2021 legislative rulemaking session on November 10, 2021 with the publication of three final rules: Updated Wage Protection Rules (Rules) Overtime and Minimum Pay Standards Order #38 (COMPS 38); and The 2022 Publication and Yearly Calculation of Adjusted Labor Compensation Order (2022 PAY CALC Order) The January ...
Best Practices: New Hire Reporting Obligations
Running a business is a complex venture; even before you add personnel into the equation. Failing to consider various state, federal, and local employment-related laws can lead to serious problems for employers and their business operations. Noncompliance poses its own substantial risk including ‘bet the farm’ litigation scenarios. Below is a brief reminder of new ...
Silenced No More Act: What It Really Means For Employers
California’s AB 331 was signed into law on October 7, 2021 and is known as the Silenced No More Act (Act). The Act expands existing laws prohibiting disclosure of factual information related to actions in the workplace associated with claim(s) (civil or administrative) that include allegations of sexual assault (e.g., sexual harassment, workplace harassment/discrimination based ...
Lessons In Arbitration
A recent California Court of Appeal case (Najarro v. Horizon Personnel Services, Inc., (Oct. 2021)(“Najarro”)) brings to light a few key issues employers should keep in mind when offering arbitration agreements to their employees. Arbitration agreements should not contain language that has the purpose or effect of waiving the employee’s right to bring a representative ...
Sixth Circuit OSHA/ETS Status Report
As previously reported here an expedited review of OSHA’s November 5, 2021, Emergency Temporary Standard (ETS) by the Fifth Circuit Court of Appeals reaffirmed an initial stay Order preventing OSHA from enforcing the ETS as planned starting January 2022. Since winning the Appellate Court lottery the Sixth Circuit has been very busy setting a briefing ...
Minimum Wage Increases for 2022
As we look forward to the New Year employers in all Member states should be aware of applicable minimum wage increases as well as the continuing phase-in of California agriculture overtime provisions. Unless an exemption applies, most employers are subject to both state and federal minimum wage laws. However, local city and county minimum wage ...
Wage and Hour Reminders For The Holidays
With the holiday season upon us it is important that employers understand wage and hour obligations associated with holiday pay and the impact of holiday closures. California law makes no special provision for holiday pay; holidays, like Saturdays and Sundays, are treated like any other workday. As always, the focus in California is on making ...
Minimum Wage Increases Take Effect Jan. 1, 2022
Effective Jan. 1, 2022, the minimum wage in California will increase to $15 per hour for large employers with 26 or more employees; it will increase to $14 for small employers with fewer than 25 employees. The amount for small employers will increase again on Jan. 1, 2023 to $15 per hour. State law requires ...
EEOC Clarifies When COVID-19 May Be A Disability
As discussed here, on July 26, 2021 the Biden Administration released a package of guidance and resources designed to assist employers facing new accommodation challenges relating to employees with “long COVID”. Today, the Equal Employment Opportunity Commission (EEOC) released additional guidance on how the Americans with Disabilities Act…