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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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Sixth Circuit Lifts OSHA ETS Stay

On December 17, 2021 the U.S. Court of Appeals for the Sixth Circuit lifted its stay of OSHA’s Emergency Temporary Standards (ETS). This means that all employers with 100 or more employees will be subject to the new federal OSHA ETS protocols. New compliance deadlines reflecting OSHA’s discretion in compliance enforcement have been set giving ...

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The Impacts of Federal ETS on State ETS Mandates

On December 16, 2021 – one day before the Sixth Circuit lifted its stay of the federal OSHA ETS – Cal/OSHA announced it had readopted its previously issued Emergency Temporary Standards (ETS). Confusion ensued. The newest version of the Cal/OSHA ETS goes into effect January 14, 2022.[i] This deadline is unimpacted by the ongoing litigation ...

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Ban-The-Box Enforcement Efforts

The California Department of Fair Employment and Housing (DFEH) has launched an affirmative enforcement effort to identify and correct violations of the Fair Chance Act. California’s Fair Chance or ‘Ban-the-Box’ laws generally prohibit employers with five or more employees from asking about a job applicant’s conviction history before making a conditional job offer and requires ...

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U.S Supreme Court to Rule on OSHA ETS

On December 22, 2021, the U.S. Supreme Court announced it will fast-track oral arguments on challenges to the federal OSHA Emergency Temporary Standards (ETS). As discussed here, the Sixth Circuit Court of Appeals lifted its stay of OSHA’s ETS on December 17, 2021 subjecting all employers with 100 or more employees to its new…

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Discrimination: Avoiding Legal Landmines

While employers and employees continue to face workplace challenges associated with the shifting landscape of the return to work environment (e.g., decisions about adopting hybrid or remote approaches) it is important to keep in mind the potential risks and how they might be avoided.  Outlined below are a few key issues: …

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Update, Update, Who Has the Latest Update?

The final days of December 2021 saw a flurry of action on the COVID-19 front. On December 16, 2021 the Cal/OSHA Standards Board adopted its third version of the Cal/OSHA ETS. On December 20, 2021, the California Department of Public Health (CDPH) published updated isolation and quarantine guidance, but with the upsurge in Omicron cases, ...

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EEOC Shortens Time For Filing 2021 EEO-1

The U.S. Equal Employment Opportunity Commission (EEOC) has posted tentative deadlines for 2021 EEO-1 filings. Scheduled to open on April 12, 2022, the EEO-1 filing deadline is tentatively set for May 17, 2022.   The shortened collection and filing period is a significant change from previous years and represents a major change…

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PAGA Update 2022

A significant change may be on the horizon for California’s Private Attorneys General Act of 2004 (PAGA). On December 15, 2021, the U.S. Supreme Court granted review of a case titled Viking River Cruises, Inc. v. Moriana (2020). Viking River is a 2020 California Court of Appeal decision reaffirming California’s long-standing…

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Update: Cal/OSHA ETS – Federal OSHA

The rollercoaster may have stopped, but the Emergency Temporary Standards (ETS) ride isn’t over yet. Federal OSHA ETS January 13, 2022 saw the U.S. Supreme Court rule against the Fed OSHA’s authority to impose its COVID-19 ETS mandate. The Court’s ruling stays the Fed OSHA ETS from taking effect and sends the matter back to ...

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Rethinking Restrictive Agreements in Colorado

New legislation taking effect March 1, 2022 will see stricter enforcement of Colorado’s public policy against restrictive covenants. Colorado’s SB21-271 will impact enforcement efforts for violations of C.R.S. Section 8-2-113. Existing law under C.R.S. §8-2-113 voids certain restrictive agreements such as noncompete and nonsolicitation agreements unless certain exceptions apply[i]. SB21-271…

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Best Practices: Special OT Wage and Hour Provisions

As with minimum wage laws, employers must comply with the state or federal overtime laws that are most protective of the employee. Arizona follows federal law under the Fair Labor Standards Act (FLSA) regarding overtime and must pay nonexempt employees at least 1.5 times their regular rate of pay for all hours worked over 40 ...

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Updated California COVID-19 Resources and COVID-10 Paid Sick Leave Deal Reached

The California Department of Industrial Relations has published updated COVID-19 resources to assist employers in complying with California Division of Occupational Health and Safety (Cal/OSHA) Emergency Temporary Standards (ETS) regulations: Revisions to the COVID-19 Prevention Emergency Temporary Standards (effective January 14, 2022) Frequently Asked Questions (Updated as of January 14,…

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Be Prepared When Disaster Strikes

Disaster – wildfires, serious illness (COVID anyone?), and the ever-present specter of “the big-one!” – can be a game changer for any business. Even small events such as a burst pipe or loss of technical services can wreak havoc on businesses of all sizes. Adopting a workable standard approach to disaster planning can go a ...

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Interagency Cooperation Could Result in Increased Enforcement

A new Memorandum of Understanding (MOU), between the U. S. Department of Labor Wage and Hour Division (DOL/WHD) and the National Labor Relations Board (NLRB), has been released signaling a new era of interagency cooperation. The MOU memorializes a voluntary agreement between the two agencies in their efforts to work together to address a mutual ...

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A New Standard for Whistleblower Claims

The California Supreme Court has just adjudicated a new standard for proving whistleblower liability under California’s Whistleblower Act (Act).[i] The case Lawson v. PPG Architectural Finishes, Inc. (Jan 2022) settles a long-standing conflict between California’s lower courts on the standard for proving prohibited conduct under the Act. The Court found the proper framework for such ...

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New COVID-19 Supplemental Paid Sick Leave Bill (AB 84) Signed by Gov. Newsom

California’s latest COVID-19 Supplemental Paid Sick Leave Bill (AB 84) was signed into law on February 9, 2022 by Governor Newsom. AB 84 requires employers with 26 or more employee to provide up to 80 hours of COVID-19-related supplemental paid sick leave. Details of this new legislation are set out below.     Employee Use ...

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Best Practices: Conducting Background Checks Using Social Media

It is rare these days to find an applicant or employee that does not have a personal social media account such as a Facebook, LinkedIn, Instagram, or Twitter. And while not all states have specific “social media” laws (e.g., Arizona), federal law, and in many cases state law (e.g., California and Arizona), prohibits an employer ...

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Congress Passes Mandatory Arbitration Ban for Sexual Harassment Claims

On February 10, in a continuing effort to ensure employers are enforcing anti-harassment policies, the U.S. Senate passed HR 4445 known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It is expected that President Biden will sign the bill which would amend the Federal Arbitration Act to allow employees to bring ...

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COVID-19 Supplemental Paid Sick Leave Model Notice and FAQs Available

The Department of Labor Standards Enforcement (DLSE) has published a model employee notice providing important details of the newly enacted COVID-19 Supplemental Paid Sick Leave Bill (AB 84). The DLSE has also published helpful FAQs interpreting the 2022 Supplemental Paid Sick Leave law. AB 84 goes into effect on February 19, 2022 and requires employers ...

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Privacy Protection Updates: California and Colorado

California Update Enacted in November of 2020, the California Privacy Rights act of 2020 (CPRA) added new privacy protections to the California Consumer Privacy Act of 2018 (CCPA). To further CPRA legislative mandates, a new governmental agency, the California Privacy Protection Agency (Agency), was formed to implement and enforce CCPA and CPRA laws. Both Privacy ...

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