Laws & Regulations

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.

Start your new year on the right foot by auditing your human resources systems and records. To diminish the possibility of legal issues and to ensure that your practice seeks to comply with labor and employment laws, it is important to perform an HR audit. An audit can include timekeeping and wage statements and all of the following.

Protections for nursing mothers in California were significantly expanded under a bill signed into law in October by Gov. Gavin Newsom. Senate Bill 142 clarifies employer obligations to provide breaks and safe, private locations that include specified accommodations. The bill increases penalties for noncompliance and requires that employers implement a written lactation accommodation policy beginning Jan. 1, 2020.

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.

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.

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.

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.