California labor laws require employers to make “reasonable accommodations” for pregnant employees under current disability leave requirements. But what, exactly, constitutes a sufficient “reasonable accommodation?” Even prior versions of disability laws require employers to make these reasonable accommodations, but the laws did little to explain what “reasonable accommodations” meant for practical purposes. The most recent laws provide more information as to what employers must do in order to meet this standard.Read More
Both the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) require California employers to make “reasonable accommodations” for their disabled employees. A reasonable accommodation is a job modification or adjustment provided to a qualifying employee with a disability that allows this employee to perform the essential functions of his or her job. The question becomes whether a disabled employee is able to request a leave of absence as part of a “reasonable accommodation.”Read More
As you may know, the Fair Labor Standards Act (FLSA) requires that non-discretionary bonuses are included in an employee’s regular rate of pay for overtime purposes. As a reminder, non-discretionary bonuses are: dependent on an employee’s hours worked or on the quality or quantity of the outcome of the employee’s work, determined through the employee’s service or his or her productivity or efficiency, predetermined by specific criteria, and employees know how to earn it.Read More
In dentistry, it is common for an employer to interview their potential job applicant via a “working interview” process. This can typically involve the potential employee exhibiting certain skills and abilities for the employer by performing clinical or office tasks.Read More
Just as the rise of the television set impacted advertising in the mid-20th century, social media (and the internet in general) are changing the nature of the ad business in a variety of fields. Professionals such as dentists, doctors, and attorneys are beginning to take note of the ways in which the internet – and social media in particular - can be used to market their practices and even to communicate with their current patients and clients. Now is always a good time to examine your approach to advertising and making adjustments as necessary. But before you do, you should ensure that you are familiar with state laws and professional regulations which dictate which advertisements are permissible.Read More
So, you’ve decided to purchase or restructure a dental practice. Congratulations! One of the very first steps that you will have to take as you start down this new path is to decide upon a legal entity for your business. If you will be working alone or in a small office with one or two other practitioners, then you may be inclined to choose a sole proprietorship or a partnership when structuring your business. These options, however, place you at risk of having your personal assets used for business debts. Therefore, to protect yourself, you should create a business entity for legal purposes.Read More
As an employer, there is perhaps nothing more stressful than facing potential litigation. Regardless of whether the conflict relates to an issue with a patient, an employee, or even a regulatory agency, and regardless of whether you are truly at fault, the bottom line is that the best approach to litigation is to avoid it in the first place.
Fortunately, a new law in California is helping employers to do just that when it comes to correcting employee wage statements. Assembly Bill 1506 (AB 1506) was signed by Governor Jerry Brown on October 2, 2015 and took effect immediately. The law is an amendment to the California Private Attorneys General Act (PAGA), and it provides employers with 33 days in which to "cure" certain commonly...Read More