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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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Posts By: Teresa McQueen

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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…

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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…

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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…

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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…

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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…

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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,…

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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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