Dental and Medical Counsel Blog

A Timely Response to Covid-19 (Coronavirus) Concerns

By Ali Oromchian, Esq.

While businesses may not need to begin stockpiling toilet paper, a measured response to the spread of COVID-19 should not be delayed by the savvy business owner. The growing risk of the pandemic COVID-19 (as described on March 11, 2020 by the director of the World Health Organization) virus has an undeniable effect on businesses in or near affected areas. It is advisable to be prepared, issuing company-wide advice on healthy best practices, backed by advice from the Center for Disease Control (CDC). It may also become prudent to plan for employee absences, or the possibility of government-mandated isolation.

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Posted on 03/13/2020 at 11:12 AM

Case Study: Hospital Changed Shift Requirements Affecting Worker on FMLA Leave

By Ali Oromchian, Esq.

In Quigley v. Meritus Health, Inc., a court held that a hospital’s decision to change shift requirements which affected a worker on Family and Medical Leave Act (FMLA) leave did not constitute unlawful interference. In this case, an ultrasound technician who was on FMLA leave was the hospital’s only technician who had a set schedule, working 8 hours per day Wednesday through Sunday. The hospital implemented a requirement that all ultrasound techs work rotating schedules so as to have an ultrasound technician available to patients 24 hours per day. This regulation affected the employee on leave more than any other worker as the employee was the only ultrasound tech on a set schedule at the time that the change went into effect....

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Posted on 03/05/2020 at 09:59 AM

6 Things to Consider When Terminating an Associate

By Ali Oromchian, Esq.

Terminating an associate is never easy, nor is it something to consider lightly. If you're thinking about terminating an associate at your dental practice, not only do you want to be sure that you protect yourself and your practice, but that you take the right steps to remain a reasonable employer. Make sure you keep these key things in mind. 

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Posted on 02/26/2020 at 10:46 AM

California Employment Law Update: How to Get Your Office HR Compliant for 2020

By Ali Oromchian, Esq.

Human resource compliance can be challenging. The requirements continue to get more complex every year as they are updated to address current issues regarding labor and employment.

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Posted on 01/29/2020 at 10:40 AM

Anxiety, Disability, and ADA Compliance

By Ali Oromchian, Esq.

People with disabilities, including those who have a physical, sensory, cognitive, or mental impairment are covered by the Americans with Disabilities Act (ADA). The ADA covers a variety of areas, including all aspects of employment — reviewing applications, interviewing, hiring, training, promotion, salary, and termination, as well as employee benefits and workplace privileges.

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Posted on 01/08/2020 at 10:00 AM

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

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