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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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…
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: …
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, ...
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…
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…
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 ...
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…
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 ...
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,…
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
CA Pay Data Reports Due April 1, 2022
It’s almost time! California employers with 100 or more employees must file their Pay Data Reports on April 1, 2022. Ahead of the deadline employers should be marshaling data on pay and hours worked according to the following: by company, job category, sex, race and ethnicity. Enacted September 30, 2020, SB 973 established Government Code ...
Litigation Update : California’s Statutory Arbitration Ban (AB 51)
The Issue California’s controversial arbitration ban (AB 51) [i], signed by Governor Newsom on October 10, 2019, and effective January 1, 2020, prohibits California employers – not subject to the Federal Arbitration Act (FAA) – from requiring employees to sign an arbitration agreement as a condition of employment. Legal Challenges Shortly after enactment the law ...
Served With an EEOC Complaint Letter; Now What?
Filing of The Complaint Before an employee can file charges of discrimination (harassment or retaliation) against an employer they must first clear an important administrative hurdle; filing an administrative complaint with the appropriate state or federal agency. For claims alleging discrimination under federal law (e.g., Title VII of the Civil Rights Act of 1964 or ...