Employment Practices

With planned power shut-offs developing across California in attempt to avoid wildfires, employers are wondering how they are to compensate their nonexempt employees when businesses are unable to be open for work due to power failures. Employers generally are obligated to pay “reporting time pay” to hourly employees when these employees are required to report for work and aren’t provided at least half of their usual hours for the day.

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.

The decision to classify your employee as exempt or nonexempt should not be taken lightly. The distinction between the two is significant, and the two are also managed very differently. Therefore, employers should understand not only how to determine an employee’s classification but how to follow appropriate pay requirements as well.

The responsibilities of dental practice owners extend far beyond patient care. As an employer, you also have an obligation to ensure you are following workers’ compensation laws. Workers’ compensation insurance provides state-mandated benefits to employees who suffer an injury or illness that arose out of or occurred in the course and scope of employment.

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.

With so much emphasis on the need for employers to establish written policies mandated by federal, state and local laws, it’s easy to overlook the important day-to-day employee management policies on everything from hygiene and smoking to use of personal electronic devices. Discussed below are four areas of employee conduct and attire expectations that you might consider addressing through a workplace policy, if you don’t already have one in place.

A new state law prohibits discrimination on the basis of hair textures or protective hairstyles that are historically associated with race. Senate Bill 188, also known as the CROWN Act, was signed in July by Gov. Gavin Newsom and will take effect Jan. 1, 2020. California’s Fair Employment and Housing Act was amended by the law to include in the definition of race “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”

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.

Employers often struggle to balance the need for expanded practice hours to accommodate patient schedules and the costs associated with nonexempt employee overtime. In California, employers have the option to greatly reduce overtime costs by adopting an alternative workweek schedule. What exactly is an alternative workweek schedule, and is it good news for employees and employers?

When it comes to your dental practice, one of the most important documents in your HR toolkit is your employee manual. Not only can definitive employee policies resolve disputes, but they can thwart issues before they arise, protecting both the employer and the employee from any sort of misperception and the potential for litigation.

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.

Every employee’s employment life cycle ends eventually, whether due to resignation, retirement, termination or other reason. In the dental office, any employee who separates should do so in a structured and professional manner with minimum disruption to the patients, staff and practice. Still, depending on what triggers an employee’s departure, separation can be an awkward situation for employers to navigate. Such discomfort can be lessened if clear policies and practices are in place.