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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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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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No More Headless Horsemen: Court Reins in “headless” PAGA Strategy

In the recent decision, Leeper v. Shipt, Inc., et al., (Leeper), the California Court of Appeal reversed a lower court's order denying the employer’s motion to compel arbitration in a case brought under the Private Attorneys General Act (PAGA). The case involved allegations that Shipt and its parent company Target, misclassified workers as independent contractors, violating multiple provisions…

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Calculating the Regular Rate of Pay: Are You Compliant?

The California Supreme Court case Ferra v. Loews Hollywood Hotel, LLC definitively answered a longstanding question of California law: Whether the statutory meaning of the wage and hours terms, “regular rate of compensation” and “regular rate of pay” have the same meaning. The Court’s unanimous decision settled once and for all that the terms “are synonymous and encompass all…

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NLRB Acting General Counsel Rescinds Guidance Memoranda

Acting National Labor Relations General Counsel William Cowen has rescinded over a dozen Biden-Era guidance memoranda, as the National Labor Relations Board (NLRB) recalibrates from many of its previously union-friendly positions.  Cowen’s move rescinds several of the NLRB’s more controversial memoranda on positions regarding non-competition and “stay or pay” provisions. The reversal…

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Best Practices: Navigating Workplace Romance

Happy Valentine's Day! Love is in the air, even in the workplace. While office romances can lead to meaningful relationships, they also come with potential risks that employers need to manage carefully. Understanding these risks and implementing best practices can help maintain a professional and safe work environment.  Some interesting statistics on workplace dating. According to…

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Status of Cal/OSHA’s Workplace Violence Regulations

California employers should already be aware that as of July 1, 2024, in accordance with California’s SB 553, they must have established, implemented, and be maintaining a comprehensive written Workplace Violence Prevention Plan (WVPP).   The legislature's involvement in the Cal/OSHA regulatory process was driven by the fact that Cal/OSHA’s process was moving too slowly. Proposed…

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Navigating Gender Under the President’s Executive Order on Gender Ideology

On January 20, 2025, the Executive Order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (the EO) was issued. The EO mandates that the federal government will now recognize only two sexes, male and female, and reject the concept of gender identity. Key provisions of the EO include:  Defining sex as an immutable biological…

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Best Practices: Empathy as a Leadership Tool 

Empathy: “The action of understanding, being aware of, being sensitive to, and vicariously experiencing the feels, thoughts, and experience of another….” The ability to take on the role of someone who says: “I may not know how you feel, but I’m here to listen.” A time consuming and potentially messy workplace skill set, but one that is infinitely useful if you are someone who…

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The Current Status of Private Sector DEI Programs

In the wake of recently issued Presidential Executive Orders, the landscape of Diversity, Equity, and Inclusion (DEI) programs in the private sector is facing some potentially significant changes. These orders, signed in the early days of the new administration, aim to dismantle various DEI initiatives across federal and private entities. Below is a brief overview of what employers need to…

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Be Prepared When Disaster Strikes

Disaster – wildfires, serious illness, and the ever-present specter of “the big-one!” – can be a game changer for any business. Even small events such as a burst pipe or loss of technical services can wreak havoc on businesses of all sizes. Adopting a workable standard approach to disaster planning can go a long way toward lowering your businesses risk of experience catastrophic failure…

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U.S. Supreme Court Clarifies FLSA Overtime Exemption Standard of Proof  

The U.S. Supreme Court’s recent decision in E.M.D. Sales, Inc. v. Carrera settles a conflict among the courts and clarifies that the standard of proof that an employer must satisfy to show that an employee is exempt is by a preponderance-of-the-evidence, not the heightened standard of clear and convincing evidence. This decision sets a clear national standard under the Fair Labor Standards Act…

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OSHA Work-Related Injuries and Illness Reporting Period Opens 

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) requires employers with more than 10 employees to keep a record of serious work-related injuries and illnesses.i Employers may utilize OSHA’s ITA Coverage Application to determine whether they are required to comply.   OSHA requires that records of illness and injury be maintained at the employer’s…

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