Beginning Jan. 1, 2020, it will be more difficult for most employers in California to classify workers as independent contractors, rather than employees, and in some cases will make employees out of independent contractors. And although CDA secured an exemption for dentists, employee classification still isn’t clear-cut, and dentists will need to err on the side of caution when classifying their workers.

California’s minimum wage will rise again in January 2023 – to $15.50 for employers of every size. More than 30 California cities and counties have their own local ordinances that set the minimum wage even higher. The City of Los Angeles's Healthcare Workers Minimum Wage Ordinance does not apply to dental office settings.

Amendments to the California Family Rights Act and Healthy Workplaces, Healthy Families Act expand employees’ leave rights and take effect Jan. 1, 2023. The changes require covered employers to provide protected bereavement leave and allow employees to take time off to care for a "designated person." 

Gov. Gavin Newsom on April 16 signed a bill that requires employers in certain industries statewide to rehire employees who were laid off because of the COVID-19 pandemic. Dental practice owners who hire and employ an individual janitorial staff member to clean their dental office are considered covered employers and must comply with the new obligations. 

California employers still can choose to mandate COVID-19 and flu vaccination for their workers with some potential exemptions. A recent California appeals court decision provides guidance for employers who choose to do so.
 

The new year always brings new laws for employers in California, and 2023 is no exception for dental practices. The laws run the gamut of employment concerns. Many took effect Jan. 1, while others allow a grace period to fully comply. Many affect employers of every size.

Update: Employers in California may continue to use mandatory arbitration agreements as a condition of employment following a decision issued Feb. 15, 2023, by the Ninth Circuit Court of Appeals 

Qualified California small businesses and nonprofit organizations that incurred costs for providing COVID-19 Supplemental Paid Sick Leave between Jan. 1-Dec. 31, 2022, can apply now for up to $50,000 through the state's relief grant program. 

California law will soon bar most employers from penalizing or discriminating against applicants or workers who use cannabis off the clock and away from the workplace. Employers should update their drug test policies before law takes effect.

Most employees in California, including dental professionals, will gain legal protections from retaliatory actions by employers during emergency situations when a state law takes effect Jan. 1, 2023.

Dental practice owners and other employers who have 5 to 50 employees and do not have a retirement plan in place will be required by state law to enroll their employees in CalSavers no later than June 30, 2022.

Soon, all California employers with at least one employee and no employer-sponsored retirement plan will be required to facilitate CalSavers enrollment for their workers, including new hires within 30 days of hiring. 

CDA encourages its members to take a proactive approach to employee meal and rest break compliance. Doing so requires an understanding of the regulations involved and communicating with employees about them.

Employers in California can now visit a single website to help them understand their requirements under a new law that further restricts their ability to classify their workers as independent contractors. Launched late last year by the California Labor & Workforce Development Agency, the website provides employer-specific resources and FAQ summarizing AB 5 and the ABC test and more.

Commonly, a dental practice will hire a temporary dental assistant, hygienist or front-office staff to fill in briefly for employee sick days, when the practice’s needs have increased or for an employee’s long-term leave of absence. CDA Practice Support finds that many employers are still puzzled about the requirements when hiring, classifying and properly paying these short-term employees.

Gov. Gavin Newsom has signed a new bill extending the deadline for sexual harassment prevention training. Under SB 778, employers with five or more employees now have until Jan. 1, 2021, to complete the mandatory one- or two-hour employee trainings to be compliant.

Every quarter, CDA publishes a Practice Health Check focusing on a different topic related to the business side of dentistry. Employee meal and rest breaks, leaves of absence, and other employment matters are the focus during the first quarter of 2023. CDA members are invited to take the Q1Practice Health Check consisting of just three questions.

All health care providers, including dentists, will soon be required to comply with a new federal regulation that aims to enhance a patient’s right to access their health information. Under the new rule, patients will have greater and, at times, immediate access to health information.

Every quarter, CDA publishes a Practice Health Check that focuses on a different topic related to the business side of dentistry. CDA members are invited to take CDA's newest Practice Health Check, which focuses on employment practices.
 

Employees miss work for myriad reasons, but what happens when an employee is a no-show and has not communicated with the employer about his or her absence? There are no telephone calls, emails or texts — the employee has made no contact of any kind with the employer. While this can be a frustrating situation, it is not a “free ticket” to terminating the employee.

Eligible employers as of July 1 can now register for CalSavers, the state’s new retirement savings program for private sector workers. Employers are eligible to participate in CalSavers — a Roth IRA (after tax) — if they have five or more employees and do not already offer an employer-sponsored retirement plan. Employers pay no fees for participating in CalSavers.