Teresa McQueen, Author at Western Growers Association - Page 8 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

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Acting National Labor Relations General Counsel William Cowen has rescinded over a dozen Biden-Era guidance memoranda, as the National Labor Relations Board (NLRB) recalibrates from many of its previously union-friendly positions.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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OSHA Increases Civil Penalties for Certain Violations

The Department of Labor has published its final rule on annual increases for OSHA civil monetary penalties for 2025. The increases adjust for inflation and are published annually in accordance with federal law. The newly published increases apply to any penalties assessed after January 15, 2025. What You Need to Know This annual increase is required by a law under the federal…

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Understanding California’s Wildfire Workplace Safety Regulations

As wildfires across California become more frequent and intense, employers must keep in mind Cal/OSHA regulations aimed at safeguarding workers from the harmful effects of wildfire smoke. Following Cal/OSHA alerts and regulatory guidelines will assist in maintaining workplace safety, particularly in areas prone to poor air quality during wildfire events. Below are a few key points to…

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New California Employment Laws for 2025

California employment-related laws from the 2024 legislative session address several issues impacting agricultural employers. Updates include changes to the Fair Employment & Housing Act (FEHA) and employer-paid sick leave benefits. Prompt action should be taken to assure compliance with all updates. Below is a summary of many of the laws affecting employers in the state, effective January…

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CA Department of Industrial Relations Releases New Whistleblower Notice

California’s recently enacted AB 2299 requires the California Labor Commissioner to create a model notice of rights and protections provided to employees under the state’s whistleblower laws. In compliance with its statutory deadline of January 1, 2025, the Department of Industrial Relations has published its new model notice. The model notice must be posted in accordance with…

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Cal/OSHA Issues $276,425 Citation for Willful-Serious Heat Violations

The California Division of Occupational Safety and Health (Cal/OSHA) has issued $276,425 in penalties to a Van Nuys landscape maintenance company for willfully violating state heat illness prevention regulations. Cal/OSHA determined that the employer deliberately and knowingly failed to follow heat protection requirements. This marks the agency’s first willful heat violation citation in more…

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DOL Proposes Rule to Phase Out Subminimum Wages to Workers with Disabilities

The U.S. Department of Labor has announced, a proposed rule to phase out the issuance of certificates allowing employers to pay some workers with disabilities less than the federal minimum wage, currently $7.25 per hour, for the work they perform. The rule proposes to gradually eliminate certificates employers can apply for under, Section 14(c) of Fair Labor Standards Act that allow…

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Federal Employment Law Updates for 2025

It’s a New Year! Are you ready? Significant changes in federal employment laws for 2025 encompass critical aspects of workplace regulations, including new guidelines on harassment, revised rules on employee classification, and evolving interpretations of existing statutes. Understanding these changes is crucial for maintaining compliance and fostering a fair and equitable work environment.…

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California Employer’s January Checklist

As the new year begins, it is important for California employers to finalize their efforts in updating company policies and practices to align with the significant legislative changes effective January 1, 2025. Ensuring compliance and proactively addressing these updates will help lower risk and prevent potential penalties. Below is a comprehensive checklist highlighting several key legislative…

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Prepare Now for Year End Harassment Prevention Training

Harassment, discrimination, and retaliatory conduct remain a concern and source of potential risk for employers. Sexual harassment also continues to be a serious area of liability with impacted employers seeing record settlements and damages awards. The California employer’s duty to prevent harassment includes training all employees on preventing sexual harassment and abusive conduct in…

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