Teresa McQueen, Author at Western Growers Association - Page 25 of 31 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: 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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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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