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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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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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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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…

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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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