Dental and Medical Counsel Blog

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

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

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

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

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