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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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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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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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