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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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…
California Civil Rights Council Approves Employment-Related Antidiscrimination AI Regulations
The California Civil Rights Council has just received final approval for a comprehensive set of regulations governing the use of AI and “automated-decision systems” in employment. The regulations clarify that employers must not use AI and automated-decision systems in a manner that would discriminate against applicants or employees based on protected characteristics. Automated-decision…
California’s CRD Issues New Victim’s Rights Notice and FAQs
Effective January 1, 2025, California’s AB 2499 expanded victims’ leave benefits and required the California Civil Rights Department (CRD) to develop and publish a written notice of employee rights by July 1, 2025. As required, the CRD has just published the new notice along with FAQs. The notice is available for free on the CRD’s website and can be downloaded in thirteen languages, in…
Colorado Amends its Misclassification Wage and Hour Law
Colorado has amended its wage and hour laws to implement mandatory fines for the willful or repeated misclassification of employees as independent contractors. In addition to any other relief allowed, employers found willfully, or repeatedly misclassifying employees could be fined as follows: $5,000 for a willful violation $10,000 for a violation not remedied within 60 days after…
Get Ready for ICE: Essential Tips for Mitigating Risk Webinar
Western Growers is submitting this program for HRCI credit. This live webinar will focus on the essential aspects of preparing agricultural operations for ICE and Department of Homeland Security actions, including I-9 audits. Presented by Western Growers Association’s Corporate Counsel, Teresa McQueen, this program will provide employers with the necessary knowledge and strategies to…
Best Practices: Complying with FLSA Regular Rate of Pay Calculations
The U.S. Department of Labor (DOL)’s opinion letter, FLSA2024-01, addresses the exclusion of daily expense payments for tools and equipment from an employee’s regular rate of pay under the Fair Labor Standards Act (FLSA). This guidance is especially helpful for employers in those industries where employees incur significant expenses for tools and equipment. The FLSA requires payment…
DOL Wage & Hour Division Ends Liquidated Damages in Administrative Matters
The Department of Labor’s Wage and Hour Division (WHD) has announced a significant change in the way it handles liquidated damages under the Fair Labor Standards Act (FLSA). Beginning June 27, 2025, the WHD will rescind its prior guidance and no longer supervise or request the payment of liquidated damages during the administrative investigation or settlement phase of FLSA matters. Instead,…