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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The New Tucson Minimum Wage Act Takes Effect 4/1/2022
Minimum Wage Increases Passed on November 2, 2021, Tucson’s Proposition 206 (the Tucson Minimum Wage Act (TMWA)) goes into effect April 1, 2022. The new minimum wage law impacts all employees who perform at leave five hours of work per pay cycle “within the geographic boundaries of the city” of Tucson, raising the minimum wage ...
Federal OSHA Makes Heat Illness Top Priority
In October 2021 the U.S. Occupational Safety and Health Administration (OSHA) published an Advance Notice of Proposed Rulemaking (Notice) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. Publication of the Notice signals the beginning of OSHA’s rulemaking process to consider a heat-specific workplace standard. Public comment on the Notice was extended ...
Form I-9 Changes and an Extended Public Comment Period
DHS Temporary Policy for Expired List B Documents To End The Department of Homeland Security (DHS) has recently announced the ending to its temporary COVID-19 pandemic policy allowing the use of expired Form I-9 List B documents to verify employment eligibility. Since May 1, 2020, DHS has allowed the use of expired documents (e.g., drivers’ ...
An Expensive H-2A Lesson
The U.S. Department of Labor recently assessed a Florida farm labor contractor over $37,000 for failing to reimburse fees to its H-2A workers.[i] The H-2A program allows for the employment of nonimmigrant workers for seasonal and temporary agricultural work. The federal program requires employers to reimburse H-2A workers for certain costs by the end ...
Updated CDPH Isolation/Quarantine Guidance
On April 6, 2022 the California Department of Public Health (CDPH) updated its COVID-19 Isolation/Quarantine Guidance. This latest update removes quarantine recommendations for asymptomatic exposed persons and includes updated definitions for “close contact” and “infectious periods” language. Since February 28, 2022, the CDPH has shifted its COVID-19 priorities to focus on high-risk…
Coming Soon to A Workplace Near You: Cal/OSHA ETS Updates
The California Division of Occupational Safety and Health (Cal/OSHA) Standards Board is scheduled to meet on April 21, 2022 to decide whether to readopt a fourth iteration of its current COVID-19 Emergency Temporary Standards (ETS). The ETS applies to all workers not covered by the Aerosol Transmissible Disease Standard or those working alone/remotely and requires ...
EEO Announces Opening of 2021 EEO-1 Component 1 Data Collection
On April 12, 2022, the Equal Employment Opportunity Commission (EEOC) announced the opening of the 2021 EEO-1 Component 1 data collection. The deadline for submitting and certifying 2021 EEO-1 Component 1 Report(s) is May 17, 2022. Access to the online filing system is through the EEOC’s dedicated EEO-1 Component 1 website. Employers subject to Title ...
Cal/OSHA Adopts COVID-19 ETS Revisions
The California Occupational Safety and Health Standards Board voted on April 21, 2022 to adopt proposed revisions to current COVID-19 Emergency Temporary Standards (Cal/OSHA ETS). The proposed adoption of the latest revisions passed by a 6 to 1 vote and is likely to be approved for implementation on or before the current May 5, 2022 ...
An End To “Captive Audience” Meetings?
In early April 2022, National Labor Relations Board General Counsel Jennifer Abruzzo (GC) issued GC Memorandum 22-04 – a very pro-union directive signaling her intention to seek a ban on employer mandated “captive audience” meetings held during union organizing campaigns. For over 75 years the National Labor Relations Board (NLRB) has found captive audience meetings ...
Federal Guidance on Legal Protections: Opioid Use Disorder
The U.S. Department of Justice (DOJ) recently published guidance on how the Americans with Disabilities Act (ADA) protects individuals in treatment or recovery from Opioid Use Disorder (OUD). The publication, “The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery,” is designed to assist employers in complying with ...
EEO-1 Deadline Fast Approaching
As discussed here, the Equal Employment Opportunity Commission’s (EEOC) EEO-1 reporting deadline for employers with 100+ employees (and most federal contractors with 50+ employees) is fast approaching. May 17, 2022 marks the filing deadline for reports opened April 12, 2022. Over the past several years the EEOC has extended its filing deadline to allow additional ...
CA Court of Appeal Issues a Fair Credit Reporting Act Standalone Disclosure Reminder
A recent California Court of Appeal decision highlights the importance of following Fair Credit Reporting Act (FCRA) guidelines when it comes to background check disclosures. A grant of summary judgment in the defendant’s favor was reversed and remanded over a triable issue of fact around whether the defendant had “willfully” violated FCRA standalone disclosure requirements. ...
CalSavers Deadline Fast Approaching
June 30, 2022 marks the final phase-in for eligible employers to register and either begin offering a workplace retirement savings program under the CalSavers Retirement Savings Program or a private qualified retirement plan. Eligible employers impacted by the June 30, 2022 deadline are those with five or more employees who are not currently offering their ...
DHS/ICE I-9 Compliance Flexibilities Extension
The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) has announced an extension of existing Form I-9 flexibilities. Initial flexibilities were announced in March 2020 and later updated March 2021. Due to ongoing safety precautions related to COVID-19, DHS is extending current flexibilities until October 31, 2022. The flexibilities at issue are ...
The Increasing California Minimum Wage?
On May 12, 2022 Governor Newsom announced that “California’s minimum wage is projected to increase to $15.50 per hour for all workers on January 1, 2023.” This increase comes in response to a provision in the state’s existing minimum wage law that allows for an accelerated increase in the minimum wage when inflation in the ...
It’s Time To Update Your Handbook
Agricultural employers, in addition to all the other tools needed to assist in running their businesses, need a written Employee Handbook to protect their company from legal risks, set forth policies and procedures to guide employees and supervisors, and provide information on company benefits. Why Does an Employer Need an Employee Handbook? While state and ...
California Court Finds Mild COVID-19 Does Not Qualify as “Disability”
A recent U.S. District Court for the Southern District of California granted summary judgement in favor of an employer who terminated an employee for violating company policy prohibiting employees showing signs of COVID from entering the workplace. The case – Roman v. Hertz Local Edition Corp. (May 2022) – was brought by former employee Michelle ...
DOL Updates FMLA Mental Health Fact Sheet
According to the U.S Department of Labor (DOL), nearly one in five U.S adults (approximately 52.9 million people) live with mental illness with only about half that number receiving the help they need. To assist in furthering its goal of assuring that leave under the Family Medical Leave Act (FMLA) is not viewed as just ...
Colorado Once Again Extends Emergency Sick Leave
On April 12, 2022, the U.S. Department of Health and Human Services (HHS) extended its determination that a public emergency still exists due to COVID-19. As a result, the Colorado Healthy Families and Workplaces Act (HFWA) requirement to supplement employees’ regular paid sick leave relevant to a public health emergency will also remain in effect; ...
L.A Jury Deals a Harsh Verdict in Sexual Harassment Case
Think that sexual harassment litigation has left the spotlight? Think again. Late last week a Los Angeles jury awarded two plaintiffs one of the largest damages awards in recent history: $464.6 million dollars ($440 million of which was punitive damages). Two Southern California Edison employees were found to have been forced out of their jobs ...