Are You in Compliance?

The California Department of Industrial Relations (DIR) has updated Wage Order 4-2001 to reflect the 2017 and 2018 increases in the state minimum wage. The DIR amended sections 4(A) and 10(C), which also reflect updated meal and lodging credit amounts. The correct industry Wage Order bears a revision date of “12/2016,” which is found on the bottom of the cover page for each Wage Order. Although the Wage Orders are dated 12/2016, they were just released by the DIR. Please note: this change comes after the 2017-18 CDA Required Poster Set printing. Each employer/practice owner is required to print and post the updated Wage Order over the top of the old Wage Order contained in the Required Poster Set. The Required Poster Sets will not be reprinted to reflect this change until the next print cycle in 2019.

Effective March 1, 2017 all single-occupancy restrooms in any business establishment, place of public accommodation, or government agency need to be identified as "all gender" and be universally accessible. The bathrooms to which this law applies are toilet facilities with no more than one water closet and one urinal and with a locking mechanism controlled by the user. Therefore, employers and practice owners should change signage used for single-user restrooms to comply with the law. It is important to note that not every “all-gender” sign available for purchase complies with California law. The state requires the all-gender sign to have a geometric symbol on the door that is an equilateral triangle superimposed onto a circle. No other pictogram, text, or braille is required on the symbol. 

Practice owners who are hiring or planning to hire new employees must use the new Employment Eligibility Verification Form I-9. As of Jan. 21, 2017, all previous versions of the form will become invalid. The new form is designed to be easier to use. It clarifies several points of confusion for employers, and includes embedded instructions for completing fields. The new form can be accessed via the U.S. Citizenship and Immigration Services website.

The minimum wage for a large employer with 26 or more employees in California will increase from $10 per hour to $10.50 per hour, and employers with 25 or fewer employees will remain at $10.00 until Jan. 1, 2018. Some cities and counties have their own ordinances beyond what is required by state law, with more expected to follow. CDA provides a guide to minimum wage ordinances by city and county and employers are advised to check with their local jurisdictions to ensure they are in compliance.

Employers with 10 or more employees must register with the Employment Development Department's e-Services for Business and file all wage reports and employment tax returns and pay all contributions for unemployment insurance premiums electronically. All employers will be required to register and file under this new law beginning Jan. 1, 2018.

Written informed consent forms for the sedation/anesthesia of a minor patient must now include specific language. CDA has updated the forms to reflect the change. The language is as follows: “The administration and monitoring of general anesthesia may vary depending on the type of procedure, the type of practitioner, the age and health of the patient, and the setting in which anesthesia is provided. Risks may vary with each specific situation. You are encouraged to explore all the options available for your child’s anesthesia for his or her dental treatment, and consult with your dentist or pediatrician as needed.”

Under the Affordable Care Act, dentists participating as providers in the Denti-Cal, Medicare Advantage and CHIP (formerly known as Healthy Families) programs and those who have received Meaningful Use funding are required to comply with new federal nondiscrimination policies. They must post a notice of nondiscrimination, post taglines in the top 15 non-English languages spoken in California and offer free language assistance, and post information regarding grievance procedures for practices with 15 or more employees. Also, they must complete and submit the Assurance of Compliance Form (HHS 690) to the Office of Civil Rights. The form may also be reviewed and electronically submitted through this website.

Dental practices must post the revised Fair Labor Standards Act (FSLA) Minimum Wage Poster, no smaller than 11 inches by 17 inches, as well as the revised Employee Polygraph Protection Act (EPPA) Poster.

Under the Affordable Care Act, dentists participating as providers in the Denti-Cal, Medicare Advantage and CHIP (formerly known as Healthy Families) programs and those who have received Meaningful Use funding are required to comply with new federal anti-discrimination policies. They must provide interpreters or translators to patients with limited English proficiency, ensure accessible online appointment systems and billing, ensure employee health plans are in compliance with anti-discrimination laws, and comply with standards concerning dental facility alterations or new construction.

Dentists contracted with dental plans must respond to a plan's request for accurate directory information within 30 days or face payment delays, reimbursement reductions or, ultimately, termination of their participating provider agreement. Dental practices are required to provide timely practice updates, including practice address, license number, and other information.

All prescribers in California with U.S. Drug Enforcement Administration registrations are required to register to access California's prescription drug monitoring program, known as CURES 2.0.

Each individual licensed or permitted by the Dental Board of California or the Dental Hygiene Committee of California must submit an email address to the Dental Board. Send an email to [email protected], using the subject line "Electronic Mail Address Requirement" and include in the body of the email the individual's name, license type, license number and email address. The electronic mail address shall be considered confidential and not subject to public disclosure.

Dental practices must have updated hazard communication plans and safety data sheets (SDS), place appropriate labels on secondary containers and train all staff on new chemical labeling and classification systems. CDA has developed a sample hazard communication plan and PowerPoint presentationfor use in dental practices.

Amendments to California's Fair Employment and Housing Act regulations, which generally apply to employers of five or more employees, require employers to develop and distribute antidiscrimination, anti-harassment and complaint investigation policies. CDA has developed sample policy language and a sample employee manual template for dental practices.

Dental practices must post California's Whistleblower Protection notice, printed no smaller than 8.5 inches by 14 inches, as well as Notice to Employees – Injuries Caused by Work, in both English and Spanish if dentists have Spanish-speaking employees.

All employers in California are required to provide their employees a minimum of three paid sick days per year. Calculated at one hour for every 30 hours worked, sick pay can be accrued over time or given as a lump sum. CDA offers numerous resources on navigating sick law, including a breakdown of sick leave ordinances by city and county.