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 […]
Posts By: Teresa McQueen
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Best Practices: Developing A Remote/Hybrid Work Policy
As the New Year approaches many employers are giving the green light to return some employees to the workplace; a topic that remains top-of-mind for both employers and employees. Employers contemplating some ongoing levels of remote or hybrid work should begin developing comprehensive policies. Below are a few key points to consider: Eligibility. It is…
New California Employment Laws for 2021
By Teresa McQueen, Western Growers Corporate Counsel Even with an unprecedented legislative session that saw a two-month pause in activity and hundreds of bills set aside, Gov. Gavin Newsom managed to end this year’s bill-signing session with several significant new employment related laws which will impact California employers for years to come. This year’s update ...
Sexual Harassment—It’s Still A Thing
By Teresa McQueen, Corporate Counsel, Legal October of 1991 was the first time many people ever thought about sexual harassment. Millions watched as Anita Hill stood before an all-male U.S. Senate committee, recalling sexually charged incidents that occurred at the hands of her former supervisor, then-Supreme Court nominee Clarence Thomas. Her dramatic, sometimes graphic testimony ...
AG & THE LAW: New California Employment Laws for 2022
The end of another active Legislative bill-signing session has Gov. Gavin Newsom once again enacting several significant new employment related laws impacting California employers. Below is a summary of many of the laws affecting employers in the state. All are effective January 1, 2022, unless otherwise noted. AB 73 – Health Emergencies, Employment Safety, Agricultural ...
Ag & the Law: Does Your Company Need an Employer Handbook? Spoiler Alert: Yes, it Does!
By Teresa McQueen, Western Growers Corporate Counsel 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 ...
9th Circuit Rejects Novel Argument for Compensation of Pre-employment Drug Testing
A 9th Circuit Court of Appeals panel has upheld a lower court ruling in favor of employer WinCo Foods, LLC. A class action litigation brought by employee Alfred Johnson on behalf of himself and other WinCo employees (plaintiffs) in California, alleged WinCo failed to compensate successful applicants for employment, as employees, for the time and ...
Cal/OSHA Releases Updated ETS Fact Sheets and FAQs
Cal/OSHA has provided fact sheets and updated its FAQs on COVID-19 Prevention Emergency Temporary Standards (ETS) to reflect revisions adopted by the Occupational Safety and Health Standards Board on April 21, 2022. In effect now through December 31, 2022, the latest ETS revisions include provisions that make it easily adaptable to updated guidance from the ...
Western Growers’ Updated 2022 Personnel Procedures Manual Now Available
The 2022 Personnel Procedures Manual provides vital and accurate information for Human Resources Department professionals and managers to ensure their organization remains compliant amid the ever-shifting landscape of labor law. Updated topics for 2022 include changes impacting workplace safety, wage and hour, protected leave, post-termination issues, workplace notices and recordkeeping. WG…
Best Practices: Minimum Wage Reminders
Employers are required to pay all nonexempt employees in compliance with state, federal and local wage and hour laws. This section provides an overview of applicable state, federal and local laws governing the payment of wages and overtime pay. Minimum Wage State minimum wage rates differ but are higher than the federal minimum wage. Employers ...
Preventing Discrimination: The Workers’ Compensation Trap
The Scenario: Employee sustains a work-related injury and files a workers’ compensation claim. While the claim is pending, the employee is declared temporarily totally disabled (“TTD”) for one reason or another. After receiving notice of the TTD finding, the employer, believing the employee to be “totally disabled” (as opposed to “temporarily totally disabled) either refuses ...
Incentivizing Vaccines for a Safe & Healthy Workforce
The incentivizing of a safe and healthy nation has finally reached the fields and offices of America. For months communities across America have tried their hand at encouraging those who have not yet received a COVID-19 vaccination to step up and out of their comfort zones. Restaurants, bars, local governments – offering everything from shots ...
Employer Milestones: Summer 2021
The start of the pandemic lockdown saw employers facing a whirlwind of activity as they scrambled to create remote work rules, initiate masking and social distancing mandates and adapt to rapid fire legislative changes. As employers across the state begin contemplating “back to work” protocols it looks like another flurry of activity is on the ...
Vaccination Tracking Guidelines
Eager for your workers to get vaccinated and return to the workplace? You are not alone. As employers explore options for returning employees to the workplace, questions linger about how to track who has – and who has not – been vaccinated. Employers need to be mindful of how they ask for vaccination-related information and ...
Some Things Remain
While many COVID-19 requirements are changing, others remain the same. Below are a few important reminders of statewide mandates that – for the foreseeable future – remain in effect. California’s COVID-19 Supplemental Paid Sick Leave (SPSL) law remains in effect until September 30, 2021. As a reminder, employees are entitled to SPSL when an employee ...
Santa Clara County Mandates Vaccination Tracking
June 1, 2021 marks the start of Santa Clara County’s new vaccination tracking mandate. A May 18, 2021 Order of the Santa Clara County Health Officer requires businesses to comply with specific safety measures, focused on COVID-19 case reporting, vaccination and the use of face coverings indoors. Taking seriously its intent to protect the community ...
Arbitration Update
In a recent ruling the Ninth Circuit (covering California and Arizona) upheld a motion to compel arbitration by a non-signatory to an arbitration agreement (Franklin v. Community Regional Medical Center, FKA, No. 19-17570 (9th Cir. 2021)). Franklin, a contract nurse employed by a staffing agency and assigned to Community Regional Medical Center (CRMC), filed a ...
Form I-9 Best Practices
In April 2020, when the Social Security Administration (SSA) announced it was discontinuing its practice of issuing Employer Correction Request Notices (e.g., “no match” letters), many employers in key industries such as Agriculture were relieved. However, relief from the administrative burden and perceived risk such notice created quickly gave way to confusion about ongoing verification…
Preparing for a Hot Summer!
With summer temperatures on the rise, state and federal Occupational Safety and Health Administrations are reminding all employers to be prepared to protect outdoor workers from heat illness. Heat illness is more likely to occur during the transitional period between spring and summer as temperatures start to climb and workers are not yet accustomed to ...
The Hiring Process: Recruiting
The goal of effective recruiting is to find the right person for any job opening. Effective recruiting practices that consider the specific needs of the organization with an eye toward limiting potential legal risk, save time as well as money. A well thought out recruiting process allows the employer time to identify its workforce needs, ...
The FLSA Agricultural Exemption
The Eleventh Circuit Court of Appeals (Alabama, Florida and Georgia), in deciding Ramirez v. Statewide Harvesting & Hauling, LLC (May 21, 2021), finds under certain circumstances, work performed by farm laborers that is separate from their usual agricultural activities, (e.g., “necessities trips”) may entitle them to overtime pay under the Fair Labor Standards Act (FLSA) ...