Handling a small business and issues that come up with staff members can be daunting for some dentists. After all, they went to dental school, not business school. That's why the experts from Bent Erickson & Associates are here to help. Because no dentist wants to get in trouble due to mishandling staff issues.
QUESTION: I want to require my staff to get the flu shot. Can I do that legally?
ANSWER: It is definitely not recommended. A policy or practice such as this can run afoul with many laws, such as right to privacy, religious or disability discrimination, and more. The better approach is to provide education on the importance of flu shots, and to help facilitate obtaining flu shots for those who choose to get one.
QUESTION: Can all background checks include credit reports?
ANSWER: In response to employers getting credit information and taking adverse action against individuals with poor credit, state laws have been enacted that very clearly limit an employer’s right to obtain credit checks. In fact, credit checks should be performed only when there is a very clear and distinct line to job-relatedness and ability for the person holding the position to do significant harm to the company financially. In most cases these people are very high-level financial employees, such as CFOs. Why? Because studies have not proven a direct link between an individual’s credit and his or her willingness to commit criminal acts against the employer.
QUESTION: How is overtime calculated per pay period?
ANSWER: Overtime is not based on pay periods. Overtime is based on a daily and/or workweek threshold, depending on the state. A workweek is defined by each individual employer based on business necessity, but it must constitute seven consecutive 24-hour periods, and it should be clearly defined to employees. If the workweek definition changes, it can only happen prospectively and not cause a loss in overtime wages already earned. Once overtime is worked, whether daily or weekly, it must be paid on the next pay day.
PAST HR QUESTIONS FOR DENTISTS:
Employee refuses to sign; filing for unemployment
Time allotted for breastfeeding; What is a 'protected class'?
Can dentist fire employee who was arrested? Are cost of living raises required?