Monthly Archives: March 2013

NOT on your bucket list: being deposed

NCHRA with name_Color copy

If you’re in HR, you are an important member of your company’s management team. Your reward? To be deposed if your company gets sued for an employment decision.

What happens during a deposition? How will your verbal statements, memos and emails be used in litigation? Find out answers to these questions and more as we take a deep dive into the world of depositions.

On Tuesday, April 9 at 9:00 AM in San Jose, I’m going to present a 3 hour workshop for NCHRA on “Surviving an HR Deposition.”

If you’d like to register, click here.

March Madness!?!?!?!


Okay, not really madness (and the NCAA might come seek royalty fees from me now that I’ve used the term), but there are some employment law matters that you need to be on top of this month.

Form I-9
On March 8, 2013, the United States Citizenship and Immigration Services (USCIS) issued a new Form I-9 for use in verifying employment eligibility in the U.S. You can get the new Form I-9 here.

Start using the new form now. There is a grace period through May 7, 2013, but you’re busy, and it would not be good to forget. Also, be sure to get the new form in the hands of any staff that fill out Form I-9s at hiring.

The new Form I-9 is only for new hires, or if you need to reverify certain ID documents. Generally, you must reverify if evidence of employment authorization (List A or List C documents) expire. For reverification, an employee must present unexpired documentation from either List A or List C showing he or she is still authorized to work.

As a reminder, employees must complete Section 1 of the form at the actual beginning of employment. The employer must complete Section 2 within three days of starting work.

FMLA Poster

On February 6, 2013, the U.S. Department of Labor issued new final Family and Medical Leave Act (FMLA) regulations that take effect on March 8, 2013. Most of the new regulations relate to the FMLA’s military leave provisions, but they also make other minor changes and clarifications. The regulations also require covered employers to post a new, updated poster by March 8, 2013.

All covered employers are required to display and keep displayed a poster prepared by the Department of Labor summarizing the major provisions of The Family and Medical Leave Act (FMLA) and telling employees how to file a complaint. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. A poster must be displayed at all locations even if there are no eligible employees.

You can download a copy of the new FMLA poster here.

Human Trafficking

We’re still waiting for the model notice from the California Department of Justice addressing human trafficking. Effective January 1, 2013, new Civil Code § 52.6 requires certain specified businesses to post a notice, on or before April 1, 2013, containing information about organizations that provide services to eliminate slavery and human trafficking. The notice must be posted at those businesses that have general public premises licensees under the ABC Act, “adult” businesses, airports, rail stations, bus stations, truck stops and roadside rest areas, emergency rooms and urgent care centers, farm labor contractors, private job recruitment center, and businesses that offer massage or bodywork services for compensation.

Many businesses will be required to put up the notice — I’ll keep you updated when we get the language the DOJ wants.  And nothing prevents you from posting information now about Freedom House or other organizations dedicated to eliminating trafficking and helping survivors.

Today’s the Day for San Jose’s New $10 Minimum Wage

Don’t forget – San Jose’s new Minimum Wage Ordinance requires employers to pay their employees a minimum wage of $10.00 per hour for work performed within the City of San José. The law takes effect today (March 11, 2013). You can read my prior post on this blog with this link:

San Jose’s $10 Minimum Wage Law Takes Effect March 11, 2013

You can check out the City’s site and print out the required notice to post at your worksite here.