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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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Reminder: Wildfire Safety Compliance

In anticipation of another heavy wildfire season employers are reminded that wildfire smoke and subsequent cleanup efforts present unique workplace hazards. In California, Cal/OSHA mandates protective equipment (e.g., N95 masks) as a wildfire season necessity in areas where the current Air Quality Index (current AQI) for airborne particulate matter 2.5 micrometers or smaller (PM2.5) is ...

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Employing Minors In The Workplace

In the face of the current workforce shortage, many employers are revisiting current policies requiring employees to be at least 18 years of age and expanding job opportunities to young workers. Employers considering such policy changes should keep in mind state and federal child labor laws ensure minors receive access to safe occupations that do ...

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CDC and CDPH Updates Current COVID Mask Protocols

An increase in COVID-19 cases across the nation has prompted the Centers for Disease Control and Prevention (CDC) to recommend everyone – including fully vaccinated individuals – once again wear masks in indoor public settings where transmissions are considered “substantial” or “high.” To determine your regions level of community transmission (state/county or metro areas) checkout…

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EEO-1 Update

The Equal Employment Opportunity Commission (EEOC) has recently announced a new filing deadline for Employer Information Reports (EEO-1). The new deadline is Monday, August 23, 2021.  Due to the impacts of COVID-19 this reporting period will include both the 2019 and 2020 EEO-1 Component 1 forms. Employers subject to Title VII of the Civil Rights ...

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Conducting Compliant Background Checks – Arizona

Fair chance or Ban-the-Box laws restrict an employer from asking about an applicant’s criminal background history in the early stages of the hiring process. And while there is no federal Ban the Box law that applies to private sector employers, the EEOC and the Arizona Civil Rights Division prohibit employers from asking an applicant about ...

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Change Is On The Horizon

On July 9, 2021, President Biden signed an Executive Order “Promoting Competition in the American Economy” (Order) encouraging the Chair of the Federal Trade Commission (FTC) “to consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority…to curtail the unfair use of non-compete clauses and other clauses or agreements that ...

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Developing an Effective Recruiting Process

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, saves time as well as money. Developing a step-by-step recruiting process allows an employer time to identify its workforce needs,decide how ...

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Senate Confirms Julie Su U.S. Deputy Secretary of Labor

Julie Su, former California Labor Commissioner (2011 – 2018) and Secretary for the California Labor and Workforce Development Agency (LWDA), has been confirmed by the U.S. Senate (50-47) as Deputy Secretary of Labor. Known as a recognized expert on workers’ rights and civil rights, employers nationwide can expect Su to continue enforcement efforts on behalf ...

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Controversy Laid To Rest: The ‘Regular Rate of Pay’ Dilemma.

On July 15, 2021, the California Supreme Court decided Ferra v. Loews Hollywood Hotel, LLC. The question at issue: The statutory meaning of the wage and hours terms, ‘regular rate of compensation’ and ‘regular rate of pay,’ and “whether the Legislature intended ‘regular rate of compensation’[i][] to have the same meaning as ‘regular rate of ...

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Ninth Circuit Reverses PAGA Ruling

On May 29, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc. Walmart was sued in 2016 under the Private Attorneys General Act (PAGA) by former employee Roderick Magadia alleging violations of California Labor Code wage statement and meal period laws. The allegations included hyper-technical violations relating ...

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The Far-Reaching Implications of Colorado’s EPEWA

Colorado’s continued push to eradicate inequitable pay practices, coupled with (surprisingly) effective remote work technologies, and evolving workplace perspectives have raised unique concerns for in-state employers as well as multijurisdictional employers whose employees live and work within the state. Signed into law in 2019, and unique among the states, Colorado’s Equal Pay for Equal…

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A Rise In COVID Cases Triggers Rigorous Local Mask Mandates

As reported here, Cal/OSHA’s June 17th Emergency Temporary Standards (ETS) amendments were intended to bring California Department of Public Health mask guidelines and Cal-OSHA’s workplace requirements more in line with CDC recommendations. A welcome turn of events allowing employers a more identifiable means of preparing to return workers to the workplace. However, since the passage ...

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