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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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CA Court of Appeal Confirms: PAGA Plaintiffs Must Personally Suffer Labor Code Violations 

PAGA allows employees to file lawsuits on behalf of themselves and other employees for labor code violations. However, recent legal interpretations have clarified that only those who have directly experienced a violation can initiate such actions. This requirement aims to prevent frivolous lawsuits and ensure that genuine grievances are addressed.  In the case at issue a former employee…

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CORRECTION: California Proposition 32 Still Too Close to Call 

We want to clarify our previous message about California Proposition 32, an initiative to raise the minimum wage to $18 an hour. Currently, the vote is undecided, with 48.9% in favor and 51.5% against, based on about 85% of votes counted.  We apologize for any confusion caused by last week's article and appreciate your understanding. We will keep monitoring the results and provide updates as…

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Leave Laws and Resonable Accommodations Workshop

Are You Prepared to Navigate Federal and State Leave Laws? Join us for a one-day workshop covering leave law mandates and disability accommodation in the workplace. This unique opportunity is a chance to build and refine human resource management skills around employee leaves laws and the employer’s duty to provide a discrimination free workplace. Those in attendance will first learn how…

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Best Practices: Strategies to Prevent Workplace Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) identifies several core principles generally proven as effective in preventing and addressing harassment:  Committed and engaged leadership;  Consistent and demonstrated accountability;  Strong and comprehensive harassment policies;  Trusted and accessible complaint procedures; and  Regular, interactive…

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Best Practices: Worker Classification

Classifying workers correctly is crucial for employers. Misclassifying workers as independent contractors can lead to hefty fines and liabilities for unpaid employment taxes and unmet legal obligations like wage and hour requirements. Federal and state agencies have increased audits, and there has been a rise in employee class action and PAGA lawsuits.  For an individual to be protected by…

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DOL Enforcement Report Targets Employment-Related Contract Provisions 

The U.S. Department of Labor’s Solicitor of Labor, Seema Nanda, has just released the agency’s 2024 Solicitor of Labor Enforcement Report (Report). This year’s Report outlines agency initiatives for the coming year focused on addressing concerns about “coercive” contractual provisions in employment-related agreements.  Key provisions of the Report include a focus on increased…

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AB 2499: Revised Rights for Victims of Violence

California’s newly enacted AB 2499 creates additional protections for employees who are victims of violence or have family members who are victims. The new bill amends the state’s Fair Employment and Housing Act (FEHA) to make it an unlawful employment practice to discriminate or retaliate against employees who take time off work to seek medical attention. It also allows employees to…

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USCIS Introduces New E-Verify+ Form I-9 Digital Processing Service

The U.S. Customs and Immigration Service, in conjunction with the Social Security Administration (the Department), is offering a new online Form I-9 digital processing service. E-Verify+ is an enhanced online service offering a simplified employment eligibility verification process for both employers and employees. E-Verify+ integrates the Form I-9 process directly into the Department’s…

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San Diego County Enacts Fair Chance Ordinance for Unincorporated Areas

San Diego County recently passed a Fair Chance Ordinance that went into effect October 10, 2024. The ordinance applies to businesses operating in the unincorporated areas of San Diego County and aligns with the state’s existing Fair Chance Act as well as similar laws in other California jurisdictions (e.g., San Francisco and the City of Los Angeles).  A few key points of the new ordinance…

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New Cal/OSHA Regulation Mandates Opioid Antidotes in First Aid Materials (AB 1976) 

California’s newly enacted AB 1976 requires the California Division of Occupational Safety and Health (Cal/OSHA) to adopt new standards requiring first aid materials in workplaces to include naloxone hydrochloride or other FDA-approved opioid antidote. Naloxone is a medication designed to rapidly reverse opioid overdoses.  Cal/OSHA has until December 1, 2027, to draft and propose the new…

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SB 1100:  New Two-Part Test for Driver’s License Requirement in Hiring

California’s Senate Bill 1100 (SB 1100) amends the state’s Fair Employment and Housing Act (FEHA) by introducing a new two-part test governing when an employer may require a job applicant to possess a driver’s license. Beginning January 1, 2025, before including a statement in a job advertisement, posting, application or other hiring materials that an applicant must have a driver's…

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DOL Provides AI Framework to Assist in Reducing Risks Associated with AI Technology 

The U.S Department of Labor’s (DOL) Office of Disability Employment Policy (ODEP) has been actively addressing the intersection of artificial intelligence (AI) and disability in employment. The DOL’s efforts are in response to President Biden’s 2023 Executive Order directing federal agencies to begin finding ways to address important AI-related workplace issues. Below are a few key aspects…

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SB 1137:  California Law Now Recognizes “Intersectionality” In Workplace Discrimination Claims

California Senate Bill 1137 (SB 1137) amends the state's anti-discrimination laws to specifically address claims based on a combination of protected characteristics, or “intersectionality” in California’s civil rights laws.   Intersectionality conceptualizes how different social identities intersect and at times overlap to create unique instances of discrimination; not just on a…

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California’s SB 1105: New Paid Sick Leave Provisions for Ag Employees 

Senate Bill (SB) 1105 introduces significant changes to existing paid sick leave provisions for agricultural employees in California. Effective January 1, 2025, the bill expands the paid sick leave benefits offered under the Healthy Workplaces, Healthy Families Act of 2024 for agricultural employees.   Key Points  SB 1105 supplements the Healthy Workplaces, Healthy Families Act of 2014…

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The New CA Worker Freedom from Employer Intimidation Act (SB 399) 

Senate Bill (SB) 399, recently signed into law by Governor Gavin Newsom, enacts the California Worker Freedom from Employer Intimidation Act. Effective January 1, 2025, this law prohibits employers from holding mandatory meetings, known as "captive audience," meetings, that discuss religious or political matters, including union-representation discussions.   Key Points  SB 399 makes it…

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California Employer Election Day Notice and Leave Requirements

California Elections Code section 14001 mandates that all employers inform employees about their rights to take paid leave for voting in statewide elections. Here are the key points:  Notice Posting: Employers must post an Election Day notice 10 days before a statewide election. This Election Day notice must be posted by Saturday, October 26, 2024. The Notice should be visible in the…

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Best Practices: Effectively Managing Remote and Hybrid Employees

In today's evolving work environment, managing remote and hybrid employees has become a critical skill for employers. The shift towards flexible work arrangements offers numerous benefits, but it also presents unique challenges that require thoughtful strategies to ensure productivity and employee satisfaction.   Below are a few key goals for effectively managing your remote and hybrid…

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School-Related Leave Reminders for California Employers

As we head into a new academic year, California employers are reminded that caregivers and employees with children are entitled to time off to care for sick children and attend school-related activities.  School Activity Leave  Under California Labor Code Section 230.8, employers with 25 or more employees at a single location must provide parents, guardians, or grandparents with custody…

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Fifth Circuit Upholds DOL Authority to Establish Overtime Thresholds

As discussed here and here, a new federal overtime rule raising the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA) took effect July 1, 2024, with a second phase increase scheduled for January 1, 2025.    In the wake of this most recent increase, litigation commenced to challenge the Department of Labor’s (DOL) authority to increase the minimum salary…

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Best Practices: Classifying Workers

One of the most important decisions an employer makes regarding its workforce is worker classification. Misclassification of workers is one of the costliest mistakes an employer can make. Penalties for misclassification can quickly multiply and produce significant losses. Federal and state enforcement efforts have produced an increase in agency led audits, employee class action and collective…

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