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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New California Law Clarifies Immunity for Bias Mitigation Training
Signed into law on October 1, 2025, California’s SB 303, a new bill strengthening an employers’ ability to provide bias mitigation training, went into effect immediately by adding Section 12940.2 to the California Fair Employment and Housing Act (FEHA). SB 303’s key purpose is to make clear that an employee’s good-faith participation in bias mitigation training — including…
California SB 617 Expands Cal-WARN Notification Requirements
The California Worker Adjustment and Retraining Notification Act (Cal-WARN), governs employer actions regarding mass layoffs, relocations, and terminations. The statute prohibits an employer, with certain exceptions, from ordering a mass layoff, relocation, or termination at a covered establishment unless the employer provides 60-days' written notice to the employees, the Employment Development…
Best Practices: Tips For Stopping Harassing Conduct
California law requires employers regularly employing 50 or more persons (or regularly receiving the services of 50 or more persons providing services pursuant to a contract) to provide prevention of abusive conduct as a component of its anti-harassment training and education requirements targeted at all employees. Abusive conduct means “conduct of an employer or employee in the…
Colorado Clarifies Limitations Period for Wage Claims
In the recent case, By the Rockies, LLC v. Perez, the Colorado Supreme Court clarified that the state’s statute of limitations for claims under the Minimum Wage Act is two years, extended to three years for a willful violation. The decision settles a split among the state’s courts and provides clarity for employers because the Minimum Wage Act is silent on the issue of…
Best Practices: Transforming Mindsets and Practices for Lasting Success
Highly productive workplace leaders have mastered the art of generating high-impact results within limited timeframes. For those in leadership roles, the ability to shift thought patterns, align actions with meaningful goals, and foster accountability is essential for driving performance and cultivating strong teams. Our thought patterns deeply influence how we perceive ourselves, our…
Cal/OSHA Continues to Remind Employers of Heat Illness Obligations
As California continues to experience higher than normal temperatures, Cal/OSHA reminds employers to protect outdoor and indoor workers from heat illness. The forecast sees highs reaching the upper 90s and above in the coming days. Bakersfield: 92-99° F Palmdale: 86-95° F Coachella: 97-104° F Redding: 87-98° F Fresno: 91-97° F Riverside: 90-97°…
Lessons from a Recent Harassment Case
A recent California case, Kruitbosch v. Bakersfield Recovery Service, Inc. (BRS), offers critical guidance regarding employer responsibilities under the Fair Employment and Housing Act (FEHA). The case centered on an employee, Steven Kruitbosch, who resigned after alleged offsite and off-hours sexual harassment by a coworker and subsequent inadequate and inappropriate responses from BRS’…
Best Practices: 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 to attract and find the best…
Best Practices: AI Notetaking Tools in the Workplace
The slow institutional embrace of new tools isn’t a new phenomenon. Historically, employees have engaged in activities such as web browsing and conducting business via messaging apps, often prior to the introduction of company policies governing the use of such technology. And, while there are similarities with the adoption of Artificial Intelligence (AI), the distinction lies in the…
EEOC Settlement Highlights Employer’s Religious Accommodation Duties Under Title VII
A recent settlement by the Equal Employment Opportunity Commission (EEOC) underscores the critical importance for employers to consistently uphold anti-discrimination protections for both employees and job applicants. A Washington state-based staffing agency has agreed to pay $217,500 to settle allegations that it violated Title VII of the Civil Rights Act of 1964 (Title VII) when it…
AI Bias in Hiring: What Employers Need to Know to Stay Compliant
The use of artificial intelligence (AI) is rapidly transforming how employers recruit, screen, and hire workers. The lure of AI is its promise of efficiency, especially in the Human Resources space where hiring often spans diverse roles, seasonal needs, and regulatory complexity. But the reality of AI is that its use carries significant legal risks, especially when it comes to…
Cal/OSHA Reminds Employers to Protect Employees from Heat Illness
Cal/OSHA reminds all employers of their obligation to safeguard employees from heat-related illnesses, as high temperatures are anticipated to persist throughout California in the upcoming week. Heat illness is a serious and potentially deadly hazard. Under Cal/OSHA’s Heat Illness Prevention Standards, employers are legally required to implement protective measures for outdoor and…
Compliance Strategies for Colorado’s New Wage and Hour Law
Colorado’s newly enacted House Bill 25-1001 (HB25-1001) broadens the definition of employer, expands payroll deduction limits to include state and local minimums, and provides for tighter wage payment deadlines. HB25-1001’s increased penalty provisions are discussed here. To stay ahead of compliance pitfalls, here’s what Colorado employers need to know: Key Changes Expanded…
Best Practices: Emoji’s in the Workplace
In today's fast-paced digital world, emojis have become an integral part of our communication vocabulary, not just in personal conversations but also in professional settings. The ever-expanding ability to use emojis, not only in text messages, but in work productivity tools like Microsoft Teams and Outlook, has seen the use of emojis slowly but surely creeping into our workplace communications.…
CA Certifies Minimum Wage Increase for January 1, 2026
The California Labor Code mandates the State’s Director of Finance annually (on or before August 1 of each year) determine and certify whether an adjustment for inflation should be applied to the statewide minimum wage once it reaches $15.00 per hour, which occurred on January 1, 2023. California’s minimum wage is currently $16.50 per hour. This year, the Department of Finance…
U.S. DOL Relaunches its Payroll Audit Independent Determination Program
On July 24, 2025, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced the return of its Payroll Audit Independent Determination (PAID) program, a voluntary initiative first introduced in 2018. The program allows employers to identify and correct inadvertent wage and hour violations under the Fair Labor Standards Act (FLSA) and now, leave violations under the Family and…
Federal OSHA Announces Expanded Voluntary Protection Programs
On July 24, 2025 the federal Occupational Safety and Health Administration (OSHA) announced the expansion of its Voluntary Protection Programs (VPP), which seek to encourage more businesses—especially those in high-risk sectors like agriculture—to adopt proactive safety and health management practices. For agricultural employers this news brings both opportunities and important…
Nominations Open the Door for Resumption of NLRB Operations
As discussed here, the January firing of the National Labor Relations Board (NLRB/Board) Chair Gwynne Wilcox left the NLRB one member short of its requisite quorum of at least three members. However, recently announced nominations are expected to enable the Board to once again function at full capacity. The NLRB is the administrative entity responsible for deciding cases brought under the…
NLRB Clarifies Its Position on Secret Recordings
The National Labor Relations Board (NLRB) recently issued two memoranda clarifying the agency's position on surreptitious recordings made by employees in the workplace, and during collective bargaining sessions. The memoranda address the general treatment of secret recordings under the National Labor Relations Act (NLRA). The NLRB has long held that overly broad workplace policies that…
Fed OSHA Updates Guidance on Penalties for Small Businesses
The U.S. Department of Labor has updated its guidance on penalty and debt collection procedures, in its Occupational Safety and Health Administration's Field Operations Manual in an effort to minimize the burden on small businesses and increase prompt hazard abatement. In announcing the update, Deputy Secretary of Labor Keith Sonderling commented that, “[s]mall employers who are working in…