Dental and Medical Counsel Blog

California Assembly Bill 5 Reverses the “ABC” Test (Sorta!)

By Ali Oromchian Esq

On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, essentially classifying all workers as employees instead of contractors.

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Posted on 09/19/2019 at 04:03 PM

Case Shows ADA Noncompliance Can Cost You

By Ali Oromchian Esq

As every good employer knows, the Americans with Disabilities Act prevents companies from discriminating against employees and applicants based upon their disabilities. But as a case demonstrates, repeated and/or company-wide failures to follow the ADA’s guidelines, including those which were part of the ADA Amendments Act passed a few years ago, can cost employers big money.

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Posted on 09/04/2019 at 10:58 AM

Family and Medical Leave Act (FMLA) Compliance Investigations: How to Protect Your Practice

By Ali Oromchian Esq

It used to be that the U.S. Department of Labor was so preoccupied with investigating wage and hour complaints that Family and Medical Leave Act (FMLA) complaints often went ignored. But a newfound dedication to addressing FMLA issues has resulted in a number of companies being investigated for failure to comply with FMLA regulations.

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Posted on 06/19/2019 at 10:44 AM

Dental Law: What to Look for in Dental Associate Contracts as an Associate Dentist

By Ali Oromchian Esq

If you are an associate seeking a position, knowing what to look for and what to include in an associate contract is critical in protecting your best interests. Several key components that an associate contract should include are the salary and benefits package, the terms of employment, and what happens in the case of a separation. Similar to our previous blog on what to look for in associate contracts as a practice owner, we discuss several key items that you should include or keep an eye out for when negotiating associate contracts.

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Posted on 05/01/2019 at 01:43 PM

Calculating Travel Pay for Your Non-Exempt Employees

By Ali Oromchian Esq

Most employers know that they must pay their employees for hours worked, and that those hours must be paid as overtime for non-exempt employees if those “hours worked” exceed 40 per week. But calculating what, exactly, counts as “hours worked” for traveling employees can be a difficult task. Here are some tips on calculating travel pay for your non-exempt employees:

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Posted on 04/17/2019 at 10:01 AM

How Being Flexible Can Get Your Practice Into Trouble

By Ali Oromchian Esq

One of your employees comes to you in the morning and says that she would like to leave early in order to attend her child's sporting event. She does not wish to use any of her leave time, and so asks whether it would be permissible for her to skip lunch and simply leave early instead. Seems simple enough, right? You consider yourself a good employer, and always want to be flexible when it comes to your employees' requests. You take no issue with this request and tell the employee that she may leave early as long as she works through lunch. But is your flexibility actually putting your practice at risk?

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Posted on 04/10/2019 at 11:30 AM

Why an Employment Manual is Vital to Your Practice

By Ali Oromchian Esq

When creating and maintaining your dental practice, it is pertinent that you have everything in order as a means of protecting all aspects of your company. Taking such care is in the best interest of you as the employer, your employees, and your workplace. One of the first items you should create to assist you with this is an employment manual. A company manual clearly lays out and highlights all responsibilities, benefits, and policies that involve all parties in your practice.

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Posted on 03/13/2019 at 01:29 PM

Social Media and Off-the-Clock Posting

By Ali Oromchian Esq

With social media’s prevalence in our society, many dental practices are left feeling victim to scathing social media postings. Many doctors wonder if they can discipline employees for what they do on their own personal social media accounts?

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Posted on 03/06/2019 at 10:13 AM

Why Fighting an Unemployment Claim Might Not be Worth the Trouble

By Ali Oromchian Esq

When terminating an employee from a dental practice, every employer must be prepared to deal with the potential consequences. Regardless of whether you have documented the cause for termination, every terminated employee may exercise their right to file for unemployment benefits. While a former employee has an absolute right to file for these benefits, that does not necessarily mean that the claim will be an easy win for either party or that you should even oppose it. In fact, in many cases, it is more advantageous to simply forfeit your participation in these disputes. Discussed below are several reasons why fighting unemployment claims might not be worth the trouble.

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Posted on 02/20/2019 at 04:04 PM

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

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