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OSHA Form 300A Posting Deadline

OSHA Form 300A Posting Deadline

Post your OSHA form 300A by February 1st.

By February 1, 2012, non-exempt employers must post OSHA Form 300A (or an equivalent) containing a summary of the total number of job-related injury and illnesses that occurred the year before. OSHA also requires additional information to be supplied on the Form including the total amount of hours worked in 2011 and other details. The Form must be posted in a conspicuous place (or places) where notices to employees are customarily posted, and must remain posted through April 30, 2012.

Prior to posting the Form, a company executive is required to certify that “he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which the information was recorded, that the annual summary is correct and complete.” An appropriate company executive is any of the following: (a) an owner of the company (if a sole proprietorship or partnership); (b) an officer of the corporation; (c) the highest ranking company official working at the establishment; or (d) the immediate supervisor of the highest ranking company official working at the worksite. Employers need not post the OSHA 300 Log (only post the OSHA Form 300A), but employees and former employees are allowed to review the OSHA 300 Log.

Many employers may be exempt from the posting requirement. If your company has fewer than ten (10) employees, then it need not post this information. Also, if your company is in one of the industry groups specified by OSHA, then it need not post OSHA Form 300A. All employers covered by OSHA, regardless of size and industry, however, must report to OSHA any workplace injury related fatality or hospitalization of three (3) or more employees within eight (8) hours.

It is important for every covered employer to comply with OSHA’s requirements, and to take appropriate steps to maintain accurate records. OSHA can cite a company for its failure to comply with these posting and/or other recordkeeping requirements. To help employers better understand the requirements, OSHA has provided OSHA 3168 Publication which provides some FAQs and OSHA contact information.

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US Dept of Labor Publishes Two New Fact Sheets

US Dept of Labor Publishes Two New Fact Sheets

2 new fact sheets written by the US Dept of Labor

For several years, employee claims of retaliation have been on the rise. As a result, awareness and case law have blossomed in this area. In December 2011, the US Dept of Labor took notice and published two new fact sheets regarding unlawful retaliation under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).

  • The fact sheet regarding the FLSA can be found here. It provides information regarding the FLSA’s prohibition of retaliating against any employee who has filed a complaint and/or cooperated in an investigation.
  • The fact sheet regarding the FMLA can be found here. This fact sheet describes the general prohibitions against retaliating against an individual for exercising rights under the FMLA.

Both employers and employees should be sure to understand what is and what is not considered prohibited harassment under the FLSA, FMLA and other federal and state employment laws.

Happy New Firm (and Year)!

Happy New Firm (and Year)!

Welcome to James Wu Employment and HR Law, my new firm.

Happy New Year! I hope you had a festive start to 2012. I’m off and running with my new firm! I’m continuing to provide top-notch legal services, but without the big firm rigmarole, red tape, and higher fees. As my clients know, I don’t overlook the small stuff, don’t turn molehills into mountains, and don’t count you or your legal needs as just a business opportunity. To me, relationships matter. Please contact me to discuss how my expertise and work ethic can benefit you and your specific situation. If I can’t help you – I’ll be honest and tell you – I can probably refer you to someone who can help you.

For now, as you settle into 2012, ask yourself the following: Is my business/employer in compliance with the new California employment laws effective January 1, 2012? To learn more contact us, or return here soon for more updates.