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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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Best Practices: Why Employers Should Avoid Using “Fit” to Justify Termination 

“You’re not a good fit.” At first glance, this phrase might seem harmless—an inoffensive way to describe a variety of performance issues or work style differences. But beneath its vague surface lies a multitude of potential interpretations that could expose employers to significant legal and reputational risks. For instance, could “not a good fit” imply bias against someone’s race,…

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Evaluating the Civil Rights Fraud Initiative, A Federal Equivalent to PAGA? 

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche introduced, via an internal memorandum, the Civil Rights Fraud Initiative (CRFI), representing a significant shift for the Department of Justice (DOJ) in enforcing federal civil rights laws. This initiative leverages the False Claims Act (FCA) to hold organizations that benefit from federal funds accountable for alleged violations of…

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CA Labor Commissioner Reinforces Worker Protections Amid ICE Enforcement Concerns 

Amid rising concerns over increased Immigration and Customs Enforcement (ICE) enforcement actions within the state, the California Labor Commissioner issued an important reminder to all employers; that California’s labor laws protect every worker in the state, regardless of immigration status.  In California, workers do not need to disclose their immigration status when filing wage claims,…

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CA Localities Once Again Surpass State Minimum Wage Requirements

As of July 1, 2025, minimum wage rates continue to rise in several California localities exceeding the state’s mandated $16.50 per hour; in some instances, by several dollars.   California employers are required to pay all nonexempt employees in compliance with state, federal and local wage and hour laws. In all cases, employers are required to pay the higher of any applicable federal,…

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CRD Updates FAQs on Age Discrimination

The California Civil Rights Department (CRD) has released a new fact sheet on protecting workers against age discrimination in the workplace. In California, age protections in employment begin at the age of 40.   Under California’s Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate against or harass an employee or job applicant based on a range of…

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Remote Workers and the 2024 EEO-1 Component 1 Data Collection

Employers are reminded as discussed here that the 2024 EEO-1 Component 1 data collection is now open and that the deadline to file is Tuesday, June 24, 2025.   Since 1966, the EEOC has required employers to submit workforce demographic data (EEO-1   Component 1) on an annual basis. Private employers with 100 or more employees and federal contractors with 50 or more employees and that…

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Get Ready for ICE: Essential Tips for Mitigating Risk 

In today's climate, it's crucial for employers to be prepared for potential visits from U.S. Immigration and Customs Enforcement (ICE). Understanding the difference between audits and raids, knowing the penalties for non-compliance, and having a structured process in place can help mitigate risks and ensure compliance. This article provides essential tips for employers to navigate these…

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Best Practices: Does Your Handbook Need a Refresh?

Rapid evolution of the workplace in recent years has left many Human Resources (HR) policies outdated. Maintaining outdated policies in your employee handbook not only poses a risk of legal non-compliance but can also adversely affect employee morale, productivity, and retention. Outlined below are several common HR policy areas that may need updating to align with current standards:  …

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Best Practices: Does Your Handbook Need a Refresh?

Rapid evolution of the workplace in recent years has left  many Human Resources (HR) policies outdated. Maintaining outdated policies in your employee handbook not only poses a risk of legal non-compliance but can also adversely affect employee morale, productivity, and retention. Outlined below are several common HR policy areas that may need updating to align with current standards:  …

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Cal/OSHA Updates its Draft Workplace Violence Prevention Regulation

Under SB 553, California’s Workplace Violence Prevention statute, Cal/OSHA is required to develop and submit a workplace violence prevention standard to the Cal/OSHA Standards Board by December 31, 2025. Subsequently, the Standards Board must adopt this standard no later than December 31, 2026.   In compliance with this mandate, Cal/OSHA revised its initial draft regulation on…

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U.S. Supreme Court Rules in Favor of DHS on Venezuela TPS

On May 19, 2025, the U.S. Supreme Court ruled in favor of the Department of Homeland Security’s (DHS) request to stay a federal district judge’s order, blocking the department from implementing its previously issued April 2025 termination date for Venezuela’s Temporary Protected Status (TPS) designation.   On January 17, 2025, then-DHS Secretary Alejandro Mayorkas extended…

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Cal/OSHA Reminds Employers to Protect Workers from Heat Illness during High Temperatures 

Cal/OSHA is reminding all employers to protect workers at outdoor and indoor workplaces from heat illness as high temperatures are forecast across California. Heat illness is dangerous and can be deadly.  A heat advisory is currently in effect across most of California, with temperatures in the following areas expected to reach 92 to 105 degrees Fahrenheit through 8pm, May 30,…

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The 2024 EEO-1 Component 1 Data Collection is Now Open

It’s that time of year again. The 2024 EEO-1 Component 1 data collection opened on Tuesday, May 20, 2025. The deadline to file the 2024 EEO-1 Component 1 report is Tuesday, June 24, 2025.  Under current federal regulations, private employers with 100 or more employees (and federal contractors with 50 or more employees) meeting certain criteria are required to report annually the number…

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New NLRB Guidance Realigns Board’s Settlement Practices  

The National Labor Relations Board’s (NLRB) top enforcement official, Acting General Counsel, William Cowen, has provided new guidance aimed at simplifying the settlement of unfair labor practice (ULP) charges and limiting expanded remedies.  From 2021 to 2024, the NLRB enacted changes to its ULP case remedies, seeking broader relief beyond the usual “make whole” compensation. This…

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Understanding Prospective Meal Waivers Under California Law

California Labor Code Section 512 provides that employees are entitled to a thirty (30) minute off-duty meal period after five hours of work, with a second 30-minute off-duty meal period required after ten hours of work. Additionally, Section 512 allows for the first meal period to be waived by mutual consent of both the employer and employee if the shift ranges between five and six hours. …

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California Court of Appeal Reversal of $2.1M Verdict Has Significant Implications for Employers 

A recent ruling by the California Court of Appeal in the case of Hearn v. Pacific Gas & Electric Company (PG&E), has significant implications for employers regarding defamation claims tied to employee terminations. The Court's decision clarifies the standards for defamation claims in the employment context, providing valuable insights for employers to mitigate potential legal…

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DOL Issues Guidance on FLSA Independent Contractor Status

Several lawsuits are currently pending in U.S. federal courts, challenging the legality of the Department of Labor’s (DOL) rule entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Acti (“2024 Rule”), which outlines the framework for determining employee or independent contractor status under the Fair Labor Standards Act (FLSA).   In the…

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Best Practices: Compensable Time – Donning and Doffing 

One of the costliest mistakes an employer can make is failing to pay compensable time in accordance with applicable local, state, and federal laws. Arizona law follows federal law under the Fair Labor Standards Act (FLSA) regarding compensable time such as defining the workday, the de minimis doctrine, pre- and post-shift activities (e.g., donning and doffing, security checks), waiting and…

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Fed OSHA to Host Public Hearing on Proposed Rulemaking for Heat Injury and Illness Prevention

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) will be hosting a virtual public hearing on its proposed rule to protect workers from hazardous heat exposure in indoor and outdoor workplaces on June 16, 2025.  The public hearing on the Notice of Proposed Rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, will begin on…

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Best Practices: Effective 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, decide how to attract and find the best recruits, and…

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