When it comes to your dental or medical practice, one of the most important documents in the life of your business is your employment manual. Even more important are the clauses and policies that are contained within that document. While an employment manual generally contains numerous pages, some clauses and policies are more important than others. Some of the absolutely vital ones to include are provided below.
One of the most imperative policies that should be included in your medical or dental practice’s employment manual is one that discusses anti-harassment (including sexual harassment and anti-retaliation. The fact that these policies are federally regulated by Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA) makes this even more important. As an employer, you must be sure to understand how harassment is defined in order to protect yourself and your company from liability. According to the U.S. Equal Employment Opportunity Commission, “Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.” Because it is difficult to sometimes interpret what is considered to be offensive, severe, or unreasonable, it is best to state that there is a zero-tolerance policy regarding any type of harassment in the workplace. As an additional precaution, it is important to also include a process for redressability when it comes to any harassment that might occur. This should contain information about anti-retaliation as employees need to be aware that they cannot be punished for good faith reporting of complaints and/or participation in investigations regarding those complaints.
Nearly every state in the United States has at-will employment. As such, it is crucial for you to include an at-will employment policy in your employment manual. The key to insulating yourself from liability is understanding what at-will employment means and how it is or is not applicable to you. At-will employment essentially means that as an employer, you may fire anyone, at any time, for any or no reason, as long as the reason is not illegal and is not discriminatory pursuant to a federally protected status. Alternatively, at-will employment also means that as an employee, you may quit your job, at any time, for any or no reason, with or without notice. Because you want this to be as clear as possible in your practice’s employment manual, you should provide an explanation that the terms of employment include at-will employment, which should also clarify that the employment manual itself should not be perceived as a contract.
One area of employment law that is continuously litigated is that of meal and rest breaks. The more vague that your policy appears, the more likely that you are subjecting yourself and your medical or dental practice to potential liability. First, you should research local and state laws, as your state may not require meal or rest breaks. Should your state require meal breaks, those periods are not considered time worked and should be unpaid. Typically, this is for meal breaks at a minimum of 30 minutes. Secondly, federal law does not require employers to provide rest breaks of short duration (i.e. a coffee break, etc.). However, if an employer provides a rest break, it is considered compensable time (ranging from 5 to 20 minutes) and is subject to overtime. Lastly, in California, several courts have recently sided with employers, so far as saying that there is no required monitoring of provided meal breaks as long as employers are providing their employees with the opportunity to take it. While this may appear to be a victory for employers in short term, the litigious nature of this area of employment may lead to continued changes in the near future.
Most employers opt to include a right to revise policy as a means to protect themselves from any liability issues. Such a policy can be very simple but is very clear-cut to any employees that read it. Right to revise policies usually states that the employer has a right to revise, delete, amend, or issue new policies stated in any document provided to employees as part of their employment rules and procedures and that the latest version of the handbook supersedes any previous policies that they had in place. While this is a relatively self-explanatory policy, you should be aware that there is no legal requirement to provide notice of any updates or changes to your employees. However, it is generally a good practice to do so.
While federal law governs many areas of Employment Law, there are just as many areas that are governed by local and state law. It is extremely important that you research laws that may be related to your medical or dental practice to be certain that you are in compliance with any additional requirements. The variety of laws that may vary from state to state include paid sick leave, pregnancy leave requirements, parental leaves, military leave, payment of wages, vacation/PTO pay, social media laws, weapons in the workplace, drug use, and laws regarding privacy of personnel files. For example, states such as California, Washington, Maryland, Massachusetts, Arizona, and Oregon have mandated sick leave requirements that all employers in those states must adhere to. In addition to varying local and state laws, laws derived from federal law may vary from state to state. For instance, federal minimum wage requirements are set, but states may also set their minimum wage, as long as it is in compliance with the federal minimum amount. States are also able to set their own overtime requirements and states such as California, Alaska and Nevada have a daily overtime requirement in addition to the federal 40 hours per week requirement. While it may seem like state-specific requirements are complex, it is in your best interest as an employer to be compliant with any legal requirement so as to best insulate yourself and your dental or medical practice from liability.
Though the above five policies are only a handful of those that should be included in your practice’s employment manual, you should be certain that you are familiar with and in compliance with them. Laws are in place to protect you as an employer, your employees, and even your workplace. Preparation in advance is the key to getting the most out of your employment manual and that will help you rest assured that you have done your due diligence as an employer.
Contact Dental & Medical Counsel
At Dental & Medical Counsel, we specialize in helping healthcare practices navigate the complexities of employment law. We provide tailored advice to ensure your procedures comply with legal standards and protect your practice from potential legal issues. Contact us today to speak with our legal experts. We can help safeguard your practice and maintain a compliant, respectful workplace environment. If you would like to learn more about our services and how we can help you or your dental or medical practice, please contact us below.
Frequently Asked Questions
Q: Why is an anti-harassment/anti-retaliation policy important in an employment manual?
A: An anti-harassment/anti-retaliation policy is crucial because it addresses federally regulated protections under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). This policy helps protect your practice from liability by clearly defining unacceptable behavior and outlining a zero-tolerance approach. Additionally, it provides a process for addressing harassment and ensures employees know they cannot be punished for reporting issues in good faith.
Q: What is at-will employment and why should it be included in the manual?
A: At-will employment means that either the employer or the employee can terminate employment at any time, for any or no reason, as long as the reason is not illegal or discriminatory. Including an at-will employment policy in the manual clarifies this arrangement, helps protect against wrongful termination claims, and ensures employees understand that the manual itself is not a contract.
Q: How should meal and rest breaks be addressed in the employment manual?
A: Meal and rest breaks should be clearly outlined in the manual, based on local and state laws. Meal breaks, typically unpaid and at least 30 minutes, should be specified if required by state law. Rest breaks, if provided, should be considered compensable time and typically range from 5 to 20 minutes. Clear policies help prevent potential liability and ensure compliance with employment laws.
Q: What is the purpose of a right to revise policy in an employment manual?
A: A right to revise policy allows employers to update, amend, or issue new policies as needed. This policy ensures that the most current version of the manual supersedes previous versions. While not legally required to notify employees of changes, it is generally good practice to do so to maintain transparency and trust.
Q: Why are state-specific requirements important in an employment manual?
A: State-specific requirements address additional legal obligations that may not be covered by federal law. These can include paid sick leave, pregnancy and parental leave, overtime requirements, minimum wage laws, and more. Complying with state-specific laws helps protect your practice from liability and ensures you meet all legal obligations.
Q: What should be included in an anti-harassment/anti-retaliation policy?
A: An anti-harassment/anti-retaliation policy should define harassment, outline a zero-tolerance approach, and provide a clear process for reporting and addressing complaints. It should also include protections against retaliation for employees who report issues or participate in investigations.
Q: How can at-will employment policies protect employers?
A: At-will employment policies protect employers by allowing flexibility in terminating employment and reducing the risk of wrongful termination claims. Clearly stating this policy in the manual ensures employees understand the terms of their employment.
Q: How can employers ensure compliance with meal and rest break laws?
A: Employers can ensure compliance by thoroughly researching local and state laws, clearly outlining meal and rest break policies in the manual, and consistently applying these policies. Keeping detailed records of breaks taken can also help demonstrate compliance.
Q: How do right to revise policies benefit employers?
A: Right to revise policies benefit employers by allowing them to adapt and update their employment manual as needed to reflect changes in laws, policies, or business needs. This flexibility helps maintain compliance and addresses emerging issues effectively.
Q: How can employers stay informed about state-specific employment laws?
A: Employers can stay informed about state-specific employment laws by regularly consulting legal experts, subscribing to legal updates, and conducting periodic reviews of their policies and procedures to ensure compliance with the latest regulations.
Q: How can Dental & Medical Counsel help with employment manuals?
A: Dental & Medical Counsel specializes in helping healthcare practices navigate the complexities of employment law. They provide tailored advice to ensure your procedures comply with legal standards, protecting your practice from potential legal issues. Contact their legal experts for assistance in safeguarding your practice and maintaining a compliant, respectful workplace environment.
Q: How can I contact Dental & Medical Counsel for more information?
A: To learn more about services and how Dental & Medical Counsel can help your dental or medical practice, contact them directly for expert legal guidance and support.
At Dental & Medical Counsel, we've been instrumental in realizing the practice goals of countless dentists. Whether you're looking to purchase, launch, or sell a dental practice, our expertise is your guide. Beyond the initial stages, we're committed to ensuring your dental practice remains legally compliant.
We provide comprehensive support, including employment law protections, dental contract reviews, and assistance with dental employment agreements. Additionally, we specialize in incorporating dental practices and securing trademarks. And for long-term planning, our services extend to helping dentists with succession and estate planning. Trust us to be your partner in every step of your dental practice journey.
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About Ali Oromchian, Esq.
Your Dental Lawyer
Ali Oromchian, JD, LL.M., is a leading legal authority in dental law and the founding attorney of Dental & Medical Counsel, PC, with over two decades of experience. His deep connection to dentistry comes from his wife's nearly two-decade-long career as a pediatric dentist.
This personal insight fuels his dedication to empowering dentists to navigate their legal challenges and achieve their practice goals. In doing so, Ali has helped thousands of doctors open their practices while maintaining legal compliance.
Ali is frequently quoted and contributes articles to dental publications, including the California Dental Society, Progressive Dentist, Progressive Orthodontists, Dentistry Today, Dentaltown, and The New Dentist magazines, further showcasing his commitment to the dental community.
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