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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WG Legal Insights Top 10 Articles of 2024: A Year in Review
It’s been an eventful year in the world of employment law! As 2024 draws to a close we took the opportunity to put together a Top Ten list of some of our most popular articles of the year; we hope you enjoy! Farm Labor Survey Previews H-2A Wage Increases for 2025 2024 H-2A Meal & Travel Reimbursement Rates Farmworker Unionization Faces Legal Challenge Amidst Allegations of…
Minimum Wage Increases for 2025
As we look forward to the New Year, employers in all Member states should be aware of applicable minimum wage increases, as well as the final phase-in of California agriculture overtime provisions. Unless an exemption applies, most employers are subject to both state and federal minimum wage laws. However, local city and county minimum wage ordinances may require an employer to pay a…
Managing Holiday Cheer
With the holiday season in full swing and many companies looking forward to once again hosting their employees for in-person holiday parties, it’s a good time to begin managing the holiday cheer. Whether your company will be hosting a formal or casual holiday get together these tips and reminders should help keep things merry and bright! Policy Reminders: It is always a good practice to…
Western Growers’ 2025 California Employment Law Update Webinar
Join WG for our annual Employment Law Update Webinar on January 8, 2025, at 10 a.m. PST. Western Growers’ legal team will bring you up to speed on important California and federal 2025 legislative changes, including updates to California’s anti-discrimination laws, the latest on the captive audience ban, and reframing of the state’s Victim-of-Violence leave. Best practices guidance and…
CA Civil Rights Department Continues Fair Chance Act Enforcement Efforts
The California Civil Rights Department (CRD) recently settled with several California employers – Amazon, Ikea, Kohl’s, the Los Angeles Dodgers, The Citizen Hotel, and MPIJet – over alleged violations of the state’s Fair Chance Act. Individual complaints filed with the CRD in 2023 allege each of the companies unlawfully rejected otherwise qualified job applicants and failed to…
Jury Hits Employer with $2.17 Million Jury Award in Sexual Harassment Case
A federal jury awarded $2 million in punitive damages and $170,000 for emotional harm against SkyWest Airlines to settle an Equal Employment Opportunity Commission (EEOC) sex discrimination lawsuit. According to the EEOC, multiple coworkers and at least one manager made extremely crude sexual comments to parts clerk, Sarah Budd, including the suggestion that she should make money via…
Wage & Hour Tips for the Holiday Season
With the holiday season upon us it is important to understand wage and hour obligations associated with holiday pay and the impact of holiday closures. California law makes no special provision for holiday pay; holidays, like Saturdays and Sundays, are treated like any other workday. As always, the focus in California is on making sure employees are paid for all hours worked – including…
Update: New Employment Laws Impacting Colorado Employers
The Colorado legislature has been active throughout 2024 passing various laws impacting employers and their businesses. This article highlights a few significant changes, including a couple that took effect in June 2024. Understanding and preparing for these changes will assist in mitigating risk and strategic planning for the year ahead. Effective June 3, 2024: It is an unlawful…
Federal District Court Vacates U.S. DOL Overtime Exemption Increase
A Texas federal district judge has vacated the U.S. Department of Labor’s (DOL) 2024 rule increasing the minimum salary employers must pay to exempt employees under the Fair Labor Standards Act (FLSA). As discussed here and here, a new federal overtime rule raising the salary threshold for overtime exemptions under the FLSA took effect July 1, 2024, with a second phase increase…
UPDATE: California Proposition 32 Fails
California’s Prop 32, an initiative to raise the minimum wage to $18 an hour, has failed by a very narrow margin (49.2% in favor and 50.8% against). The failure of Prop 32 means that the state’s minimum wage will increase in accordance with existing law: California Minimum Wage Increase for 2025 Current Minimum Wage: $16.00 per hour New Minimum Wage: $16.50 per…
Best Practices: Complying with FLSA Regular Rate of Pay Calculations
The U.S. Department of Labor (DOL) recently issued an opinion letter (FLSA2024-01) addressing the exclusion of daily expense payments for tools and equipment from an employee’s regular rate of pay under the Fair Labor Standards Act (FLSA). This guidance is especially helpful for employers in those industries where employees incur significant expenses for tools and equipment. The FLSA…
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…
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…
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…
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…
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…
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…
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…
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…
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…