Teresa McQueen, Author at Western Growers Association - Page 24 of 29 Western Growers Association

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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Posts By: Teresa McQueen

Best Practices: Performance Reviews

Performance reviews, or employee evaluations, are an important tool for supervisors and managers to strengthen employees’ performance and acknowledge high achievers. No matter how formal, and regardless of the format, a review of this kind is the process of determining how well an employee is doing their job, the criteria for future performance, and mutual ...

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California Labor Commissioner Takes A Hardline on COVID Leave Rules

In a July 2021 ruling, California’s Labor Commissioner levied $448,000 worth of fines against three El Super grocery stores for violations of California’s COVID-19 supplemental paid sick leave (SPSL) laws. After receiving complaints from El Super employees and a referral from the worker’s labor union, an investigation was launched by the Division of Labor Standards ...

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PAGA: Issues of Manageability Save The Day

In answering a question of first impression, the California Court of Appeals (2nd District) has given weight to the affirmative defense of manageability in California Private Attorneys General Act (PAGA) litigation. Manageability has long been a watchword for employers defending against PAGA litigation. In the case Wesson v. Staples the Office Superstore, LLC the Court ...

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Best Practices: Performance Reviews Formats

As discussed here, performance reviews, or employee evaluations, are an important tool for supervisors and managers to strengthen employees’ performance and acknowledge high achievers. Continuing our best practices discussion for effective performance reviews we provide the following tips on performance review formats. The two major styles in writing reviews are a narrative style and a…

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Reimagining Work and Workplaces

Pre-pandemic workplace thinking emphasized the traditional ‘brick and mortar’ office as critical to productivity, culture and recruiting efforts. A year of pandemic induced need quickly integrated videoconferencing technology and other forms of digital collaboration into our work lives creating unique and non-traditional work environments. As businesses across the nation begin to contemplate…

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Best Practices: Managing Vacation Benefits

In today’s competitive job market, a generous benefits package can be an essential tool for attracting and retaining top talent. Still reeling from the impacts of an unprecedented pandemic, workers are now, more than ever, focused on their well-being and achieving a greater work-life balance. In fact, a recent Deloitte study found 80% of those ...

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DHS Extends Updated Form I-9 Procedures

U.S Immigration and Customs Enforcement (ICE) has extended its new employee Form I-9 compliance flexibility regulations until December 31, 2021. Initial flexibility regulations temporarily exempted employees hired on or after April 1, 2021 – working exclusively in a remote setting due to COVID-19-related precautions – from ICE’s physical inspection requirements associated with completion…

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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…

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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 ...

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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 ...

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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 ...

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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…

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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 ...

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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…

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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…

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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…

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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 ...

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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 ...

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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 ...

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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 ...

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