Teresa McQueen, Author at Western Growers Association - Page 7 of 30 Western Growers Association

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

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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Summer Jobs – Hiring Minors in California and Arizona

Every year, millions of teens work part-time or summer jobs. In California and Arizona many of those jobs are agriculture related. These early work experiences can be rewarding for young workers - providing great opportunities for teens to learn important work skills. It is important for employers to recognize and be familiar with state and federal child labor laws ensuring minors receive access…

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Get Ready: California WVPP Annual Training is Fast Approaching

California Senate Bill 553 (SB 553), effective July 1, 2024, mandates that California employers develop a Workplace Violence Prevention Plan (WVPP) and conduct annual training. The WVPP must be specific to the hazards and corrective measures for each work area and operation, and it must be in effect at all times. Employers with employees in California are responsible for providing effective…

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Uncertainty at the NLRB Persists as SCOTUS Chief Justice Overturns Board Member Wilcox’s Reinstatement

As discussed here, President Trump's firing of Acting National Labor Relations Board (NLRB) Chair Gwynne Wilcox and General Counsel Jennifer Abruzzo was the Administration's first step in reshaping the agency responsible for overseeing labor disputes and unionization efforts. Wilcox promptly initiated a lawsuit to contest the dismissal, and a whirlwind of litigation ensued: March 6:…

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USCIS Releases New Form I-9

The U.S. Citizenship and Immigration Services (USCIS) has made minor changes to its Form I-9, Employment Eligibility Verification. The changes were made to better align Form I-9 with statutory language and to include a revised Department of Homeland Security (DHS) Privacy Notice. Key updates to the revised Form I-9 include:  Renaming the fourth checkbox in Section 1 to “An…

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Overview of California’s Immigrant Worker Protection Act (AB 450)

California’s Immigrant Worker Protection Act (AB 450) imposes specific requirements and prohibitions on employers regarding worksite inspections by immigration enforcement agents. It also requires employers to provide specific notices to employees if they receive a Notice of Inspection of I-9 Employment Eligibility Verifications Forms or other employment records. With the number of inspections…

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Guidelines for Preventing Employee Misclassification

Times are tough, even for the government. There is speculation regarding a perceived increase in audits conducted by the California Employment Development Department (EDD) since the beginning of the year, which is being attributed to an anticipated budget shortfall. The audits initiated by EDD focusing on the misclassification of workers as independent contractors are considered a temporary…

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EEOC Updates Guidance on DEI-Related Discrimination at Work

The U.S. Equal Employment Opportunity Commission (EEOC) recently updated its guidance on Diversity, Equity, and Inclusion (DEI)-related discrimination in the workplace by publishing its ‘What You Should Know About DEI-Related Discrimination at Work.’ This update aims to clarify how the EEOC believes DEI initiatives should be implemented to comply with Title VII of the Civil Rights Act of…

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DEI’s Wild Ride Continues

As discussed here, on February 21, 2025, a federal judge in the District of Maryland granted a preliminary injunction blocking enforcement of various provisions of Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity) (the EO). On March 14, 2025, the Fourth Circuit Court of Appeals issued a stay of the preliminary injunction. The stay means that…

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Workplace Safety: How California’s SB 428 Changes Workplace TRO Regulations

Passed in 2024, California’s SB 428 took effect on January 1, 2025. As a reminder, prior to SB 428, employers had the ability to seek a temporary restraining order (TRO) to protect employees and their immediate family members from a person who has engaged in violence or posed a credible threat of violence. However, when workplace threats fell outside the limited scope of misconduct related to…

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Best Practices: Form I-9 Compliance

With Administration changes impacting immigration at the speed of light, employment verification has become a pressing concern for employers. Below are a few key areas to focus on to help better manage your responsibilities and potential risks: Consider E-Verify+: The U.S. Customs and Immigration Service, in conjunction with the Social Security Administration (the Department), offers an…

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California’s Pay Data Reporting Deadline is Fast Approaching

California employers with 100 or more payroll or labor contractor employees are required to annually submit pay data - including hours worked and employee demographics - to the California Civil Rights Department (CRD).  This year’s filing deadline for the 2024 reporting year is May 14, 2025. With the deadline fast approaching employers should begin accessing the CRD’s Pay…

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Federal Court Continues Injunction of Restrictive DEI Executive Orders

A Maryland federal judge has upheld a preliminary injunction blocking key provisions of the Trump Administration’s Executive Orders (EO) aimed at eliminating “illegal” Diversity, Equity, and Inclusion (DEI) initiatives. Finding that the government failed to show a reason to halt the injunction pending appeal, the court emphasized that the policies must comply with the U.S. Constitution,…

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New Leader Nominated to Lead OSHA – What to Expect

The Occupational Safety and Health Administration (OSHA) is set to undergo significant changes with the nomination of David Keeling as the new Assistant Secretary of Labor for OSHA. With years of technical expertise and practical understanding of workplace safety, Keeling is expected to receive support from both employers and labor groups Under Keeling's leadership, these key changes are…

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U.S. Court of Appeals Rules State Attorneys General May Challenge Pregnant Workers Fairness Act

Earlier this week, the U.S. Court of Appeals for the Eighth Circuit ruled that seventeen state attorneys general have standing to challenge the EEOC’s Final Rule interpreting the Pregnant Workers Fairness Act (PWFA). As the first federal court to rule on the issue, the Court found that the states have a judicial basis for challenging the Final Rule as they are the “object of the…

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