Dental and Medical Counsel Blog

How to Make “Reasonable Accommodations” for Your Pregnant Employees

By Ali Oromchian Esq

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.

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Posted on 01/09/2019 at 11:29 AM

Disabled Employees and Leaves of Absence

By Ali Oromchian Esq

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.”

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Posted on 12/26/2018 at 08:00 AM

Interviewing Employees as Part of a Workplace Investigation - 5 Steps

By Ali Oromchian Esq

Interviewing potential employees for a job is completely different from interviewing current employees about an office issue. And the latter can present much more of a challenge due to the delicate nature of the topic, as well as the fact that you are unlikely to be as well-practiced in this activity. Here are some suggestions for making the process go smoothly:

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Posted on 12/12/2018 at 10:36 AM

5 Effective Ways to Deal with Workplace Incompetence

By Ali Oromchian Esq

If you haven’t had to suffer through an “incompetent” worker, consider yourself lucky. Whether due to flimsy hiring practices or the implementation of new equipment or strategies, many practitioners find themselves dealing with one or more employees who simply can’t seem to “catch on.” Here are some suggestions to help you approach employees who are falling behind the learning curve:

 

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Posted on 10/10/2018 at 11:11 AM

What Truly Constitutes “Discrimination” in the Workplace?

By Ali Oromchian Esq

Generally speaking, discrimination is defined as unfairly treating a person or group of people differently from another person or group. But discrimination in the workplace - meaning legally-defined and actionable discrimination - is more than that. In California, the disparate treatment which constitutes discrimination must be based upon a person’s inclusion in a protected class. These classes include race, color, national origin, religion, sex, age, and disability. California state law also prohibits discrimination based upon sexual orientation, gender identity, gender expression, marital status, or medical or genetic condition.

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Posted on 09/05/2018 at 09:00 AM

Terminations: Be Careful What You Say

By Ali Oromchian Esq

We have often spoke about the importance of documentation and the need for outlining your reasons when it comes to terminating an employee. But a recent case shows why you should also be careful exactly what you say. In Baez v. Anne Fontaine USA Inc., an employee went to HR complaining about co-workers who were gossiping about her. In particular, coworkers were spreading a rumor that the employee, Rochelly Baez, had worn a sheer shirt with nothing under it in a recent meeting with the boss. The employer said that the matter was investigated but no disciplinary measures were taken.

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Posted on 08/29/2018 at 03:31 PM

3 Employer Actions Which Increase The Likelihood of Lawsuits

By Ali Oromchian Esq

Unfortunately, for employers, no business is completely safe from labor disputes. Even if you follow all laws to the letter, there is nothing stopping a disgruntled employee from making a claim. Fortunately, in addition to following all applicable laws, there are actions which, if avoided, can lessen your chances of being subjected to legal claims. Here are three employer actions which can increase the likelihood of a lawsuit:

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Posted on 08/08/2018 at 09:50 AM

How To Address Unauthorized Overtime

By Ali Oromchian Esq

Overtime is a sticky subject for a lot of employers. With the Department of Labor’s overtime rule, business owners are, for the most part, able to limit their overtime liability to their non-exempt, or hourly, employees. But what do you do when an employee works overtime without your approval? 

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Posted on 07/25/2018 at 09:29 AM

Managing Employee Classifications And Their Implications

By Ali Oromchian Esq

Properly classifying your staff is one of the most crucial aspects of managing a practice. In fact, failure to do so can result in major problems; this includes fines and penalties from local, state, and federal agencies. Further, improper classifications can result in unpaid overtime, back pay of wages, interest, and your time. In escalated situations, a lawsuit or class action lawsuit could be filed against you, resulting in hefty additional attorney’s fees. The best approach to preventing any of these nightmarish possibilities from occurring is being proactive in familiarizing yourself with the meaning and understanding of classifications in relations to independent contractors and employee exemptions.

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Posted on 06/18/2018 at 09:00 AM

The Critical Guide To Creating Severance Agreements for Your Dental Practice

By Ali Oromchian Esq

No one likes that moment when you have to terminate an employee. Unfortunately, as the owner of your dental practice, there will be times when it's necessary for you to let an employee go. Whether it's due to poor performance, issues in patient care, or ethical concerns, you want to be sure that you're following the right steps in letting the employee go legally. Writing a solid severance agreement will ensure that you are protected legally if things don't go according to plan. 

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Posted on 06/13/2018 at 09:00 AM

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