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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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Ethics and Civility: Keys to Building a Respectful Workplace

Earlier this year a federal jury awarded a security guard $5.5 million in damages based on its finding that the company’s vice president of operations violated federal law by sexually harassing a female employee.  Months of unwanted sexual comments, and advances, including an incident where the harasser exposed himself, and threats of physical violence were reported by the female…

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Lessons Learned: AI Notetaking Tools Can Create Discoverable Evidence

A recent federal ruling highlights a growing risk for employers that use AI tools to capture notes, summarize meetings, or analyze sensitive workplace issues. In United States v. Heppner, the court held that documents created using Anthropic’s Claude AI tool—and later shared with legal counsel—were not protected by the attorney-client privilege.client privilege.  The…

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Blurry Print, Clear Message: CA Supreme Court Provides Arbitration Agreement Guidance

The Supreme Court of California, in the recent case Fuentes v. Empire Nissan, Inc. (Fuentes), held that small blurry print in an arbitration agreement was not enough to support a valid claim of unconscionability under California law. In Fuentes, an employee applicant signed the company’s arbitration agreement even though the font size was tiny, blurry and the document…

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U.S. OSHA Launches New Safety Champions Program

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has launched a new initiative called the Safety Champions Program, designed to help employers cultivate and sustain robust safety and health practices in the workplace. The new program aims to significantly reduce workplace injuries, illnesses, and fatalities by providing a structured framework based on proven…

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Best Practices: Navigating Workplace Romance

With Valentine's Day quickly approaching, love is in the air, even in the workplace. While office romances can lead to meaningful relationships, they also come with potential risks that employers need to manage carefully. Understanding these risks and implementing best practices can help maintain a professional and safe work environment.  Some interesting statistics on workplace…

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DOL Clarifies Bonus Inclusion for Overtime Under FLSA

A newly issued U.S. Department of Labor Wage and Hour Division (DOL) opinion letter makes clear that an incentive bonus, awarded automatically when employees satisfy predetermined criteria, is not discretionary and must be included in the regular rate of pay for overtime calculations. The determination rests on the Fair Labor Standards Act (FLSA) and the nature of the bonus…

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Cal/OSHA Issues Form 300A Summary Filing Reminder

Cal/OSHA is reminding employers to post their 2025 annual summary of work-related injuries and illnesses by February 1, 2026. The Form 300A summary must be posted each year from February 1 through April 30. The annual summary must also be placed in a visible and easily accessible area at each worksite.   It is important to note that even employers with no workplace…

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New Employment Laws for 2026

California’s 2025 legislative session introduced important changes impacting employers and employees. Out of a total of 917 bills, 794 became law, including approximately 70 that focused on employment issues. Employers should act promptly to ensure compliance with the new regulations, effective Jan. 1, 2026, unless otherwise specified. California’s minimum wage has increased from $16.50…

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EEOC Rescinds Workplace Harassment Guidance

As discussed here, on November 1, 2023, the Equal Employment Opportunity Commission (EEOC) finalized a new anti-harassment resource titled Enforcement Guidance on Harassment in the Workplace (“Guidance”). The Guidance was approved and published by the EEOC on April 29, 2024, and was immediately subjected to legal challenge.   On May 15, 2025, a federal district court in Texas…

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Best Practices: Managing Performance Issues When Employees Take Protected Leave 

When it comes to managing employee performance issues, many employers struggle with whether or not protected leave—such as leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA)—creates a barrier to addressing legitimate performance concerns. The reality is that employees on protected leave are not per se “untouchable,” and…

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Department of Labor Clarifies Use of FMLA Leave for Travel to Medical Appointments

The U.S. Department of Labor (DOL) has issued a significant opinion clarifying that employees are entitled to use leave under the Family and Medical Leave Act (FMLA) not only for the time spent at medical appointments but also for the time spent traveling to and from these appointments. This clarification applies both to medical appointments related to an employee’s own serious health…

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California Civil Rights Department Publishes Updated Pay Data Guidance/FAQs

The California Civil Rights Department (CRD) has published preliminary versions of its pay data reporting templates for Reporting Year 2025 as a precursor to the wider collection of pay data reporting resources scheduled for release in February 2026.   The 2025 preliminary templates are a simplified version of the operative templates that will be required for the 2025 reporting…

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California’s DLSE Updates its Healthy Workplaces/Healthy Families Act Notice 

The California Department of Labor Standards Enforcement (DLSE) has updated its Healthy Workplaces/Healthy Families Act Paid Sick Leave Notice. The update reflects changes in the law that took place in 2024 (AB 2499) and 2025 (AB 406).   AB 406 restores and recasts specific Labor Code sections that were deleted by last year’s AB 2499. These changes expanded employee protections for…

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California DIR Releases Workplace Know Your Rights Notice; Western Growers Releases Alternative Notice

As discussed here, effective January 1, 2026, SB 294 requires all California employers to provide an annual Workplace Know Your Rights Notice (“Notice”) to employees outlining workplace rights and procedures.  The Notice must be distributed to all employees by February 1, 2026, and annually thereafter, in a language employees understand. The content of the…

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California DIR Releases Informational Letter on New 2026 Wage and Hour Laws

The California Department of Industrial Relations (DIR or Agency) has issued an informational letter detailing new wage and hour laws set to take effect in 2026. With compliance as a key priority in the DIR’s 2026 agenda, employers are advised to review the letter, which outlines what the Agency identifies as “some of the most significant state laws effective in…

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DHS Interim Rule Ends Automatic AED Extensions

A new Department of Homeland Security (DHS) Interim Final Rule (IFR) amends regulations to end the agency's long-standing practice of automatically extending the validity of employment authorization documents (EAD) for workers who have timely filed an application to renew their EAD in certain employment authorization categories. The IFR does not affect the validity of EADs automatically…

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Best Practices: The Importance of Addressing Bias and Fairness in AI Systems

As artificial intelligence (AI) becomes increasingly integrated into HR practices across the agriculture sector, new opportunities and new responsibilities continue to emerge. Ensuring that AI systems are fair and unbiased is not just a technical challenge; it’s a business imperative that impacts legal compliance, ethical hiring, and organizational reputation.  AI tools can…

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CA Civil Rights Department Reminds Employers to Complete Sexual Harassment Training

The California Civil Rights Department (CRD) is reminding employers across California to ensure their employees complete state-mandated sexual harassment prevention training. Under California law, employers with five or more employees must provide a minimum of one hour of training to nonsupervisory employees and two hours of training to supervisory employees every two years. With the end of…

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Managing Holiday Cheer

With the holiday season in full swing and many companies looking forward to once again hosting their employees for in-person holiday parties, it’s a good time to begin managing the holiday cheer. Whether your company will be hosting a formal or casual holiday get-together, these tips and reminders should help keep things merry and bright!  Policy Reminders: It is always a good practice to…

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Mexico Increases Minimum Wage for 2026

U.S. employers with operations or employees in Mexico: Recent changes in Mexico’s labor law will result in an increase to the country's minimum wage rate for 2026.   Mexico’s President Claudia Sheinbaum Pardo recently announced a 13% increase in the general minimum wage for 2026. Effective Jan. 1, 2026, the daily minimum wage will rise from $278.80 to $315.04 pesos (equivalent to about…

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