Teresa McQueen, Author at Western Growers Association - Page 26 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

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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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 ...

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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 ...

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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 ...

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Updated Mask Mandates 2/28/2022

On February 25, 2022 the Center for Disease Control (CDC) updated its masking guidelines. Dropping COVID-19 numbers across the U.S. prompted the update which lessens public indoor mask recommendations for a majority of individuals. The newly revised guidelines encourage individuals to focus on statistical information to assist with mitigation strategies. The CDC’s Community Levels tracker…

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New Limits on Arbitration: President Biden Signs H.R. 4445

On March 3, 2022 President Biden signed a new law limiting the use of arbitration agreements and class action waivers for allegations of sexual harassment and/or assault. H.R. 4445 – known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act)– allows an individual to invalidate a predispute arbitration ...

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Administrative Complaints: The Investigation

The filing of an administrative complaint alleging discrimination, under state or federal law, initiates the claims process. The receipt of a notification letter provides important information about the claim(s), instructions on how/when to respond and administrative next steps. During the pendency of an administrative investigation the employer and the charging party (the former or…

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EEOC Updates Pandemic-Related Guidance

It has been a busy month for the Equal Employment Opportunity Commission (EEOC) as it continues to provide guidance to employers on important pandemic-related issues. The EEOC is the federal agency tasked with overseeing enforcement of Title VII of the Civil Rights Act of 1964 (Title VII). The two COVID-19-related topics recently updated as part ...

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Administrative Complaints: Completing the Investigation & Resolving a Charge

The filing of an administrative complaint alleging discrimination, under state or federal law, initiates the claims process and triggers an administrative investigation. During the pendency of the investigation both the employer and the charging party (the former or current employee) are each provided an opportunity to provide relevant information. This information is presented to and ...

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Best Practices: Avoiding Claims of National Origin Discrimination

California’s Fair Employment and Housing Act (FEHA)[i] protects employees from discrimination, harassment or retaliation on the basis of any protected classification; those that are familiar such as race, religion, sex and age, and those employers may not be so familiar with such as marital status, ancestry and national origin. Title VII of the Civil Rights ...

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Cal/OSHA to Consider Revising First-Aid Kit Requirements

At its April 12, 2022 meeting the California Occupational Safety and Health Standards Board will consider revising existing first-aid kit requirements under its Construction and General Industry Safety Orders. The proposed revision will provide two options for employers to comply with first-aid kit requirements. The options to be considered are as follows: Contents determined by an ...

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California Updates 2022 COVID-19 Sick Leave FAQs

California’s Department of Industrial Relations (DIR) has updated its 2022 COVID-19 Supplemental Paid Sick Leave (SPSL) FAQs in an effort to address employer concerns about managing the newly enacted leave law. Although many critical issues were initially addressed by the DIR in February 2022 when the new SPSL law took effect employers should review ...

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CDC Introduces Quarantine/Isolation CalculatorCDC Introduces Quarantine/Isolation Calculator

Still confused about how to calculate quarantine/isolation periods for employees concerned about possible exposure to COVID-19? You are not alone. Earlier this year the Center for Disease Control (CDC) updated its COVID-19 isolation and quarantine recommendations which included shorter isolation periods (for asymptomatic and mildly ill individuals) and quarantine periods of 5 days to focus…

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Federal OSHA Proposes to Improve Tracking of Workplace Injuries and Illnesses

Released for publication on March 30, 2022, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) proposes to amend its occupational injury and illness recordkeeping regulations to include electronic submission of injury and illness forms. OSHA proposes to amend current regulations to require businesses with 100 or more employees in certain industries to ...

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