by William P. Prescott, E.M.B.A., J.D. Wickens, Herzer, Panza, Cook & Batista Co. 35765 Chester Road Avon, OH 44011-1262 Direct Dial 440/695-8067 Fax 440/695-8098 Cell 440/320-8984 Email: WPrescott@WickensLaw.com Website: www.prescottdentallaw.com Webcast 2 American Association of Orthodontists March 18, 2014 1018797.pptx and Wickens, Herzer, Panza, Cook & Batista Co.
Neither I nor any member of my family have a financial arrangement or affiliation with any corporate organization offering financial support or grant monies for this continuing education presentation, nor do I have a financial interest in any commercial product(s) or services I will discuss in this presentation. and Wickens, Herzer, Panza, Cook & Batista Co. 2
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See Supplement 1. of Wickens, Herzer, Panza, Cook & Batista Co. 4
Developing your business and strategic plan sounds corny, but important! Getting your employees to do what you want them to do. of Wickens, Herzer, Panza, Cook & Batista Co. 5
The first one is the most difficult. Monitor throughout the year. Prepare at the beginning of the last quarter. Share with your CPA and get input. The correlation between your strategic plan and financial statements. of Wickens, Herzer, Panza, Cook & Batista Co. 6
Interaction with you, the consultant and CPA. Utilize meaningful financial statements to allow you to judge staffing levels. of Wickens, Herzer, Panza, Cook & Batista Co. 7
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Maintain separate financial statements. Allocate overhead by location, including staff time. Office sharing arrangements with general dentists usually short-term. of Wickens, Herzer, Panza, Cook & Batista Co. 9
Critical in smaller practices. Reduces need for temporary employees. Always a good idea. of Wickens, Herzer, Panza, Cook & Batista Co. 10
Easy to get into/difficult to disengage. Best to maintain two separate practices with joint branding. Billing issues. Buy-outs where practices are joined as one are difficult. Use an office sharing arrangement with joint staff policies. Staff may cover for each practice. of Wickens, Herzer, Panza, Cook & Batista Co. 11
Provides you with systems. Maximizes practice effectiveness for all systems. of Wickens, Herzer, Panza, Cook & Batista Co. 12
Forty hours per week time and a half. Compensatory time only in the same week. Exempt versus non-exempt employees. Pay hourly and use a time entry system. Rest breaks 20 minutes; uninterrupted. Lunch breaks uninterrupted. Overtime only when authorized. of Wickens, Herzer, Panza, Cook & Batista Co. 13
See Supplement 2. of Wickens, Herzer, Panza, Cook & Batista Co. 14
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Useful in the management process and as a tool to avoid legal liability. Uncompleted or skipped appraisals can be a source of liability. Points to consider. Appraisal must be job related. Try to use objective criteria in evaluating job performance in light of job description / job design. Focus on measurable behavior. Self-evaluation forms should be carefully designed and can be helpful. Separate performance appraisals from pay increases as you want the employee to focus on the performance and pay attention to the substance, not any increase in pay. of Wickens, Herzer, Panza, Cook & Batista Co. 16
Common employee claims. Discrimination. o Harassment. o Accommodation based upon disability or religion. o Different treatment of legally protected categories. of Wickens, Herzer, Panza, Cook & Batista Co. 17
Breach of contract. o Promise in a job interview, offer letter or verbal representation. o Follow the process in the employee manual. Whistle-blower. Retaliation. of Wickens, Herzer, Panza, Cook & Batista Co. 18
Defamation. o Information provided to a prospective employer of a former employee. o Date of hire, position, date of later employment. of Wickens, Herzer, Panza, Cook & Batista Co. 19
Invasion of privacy. o Computer, locker, etc. o Balance employer's business interests. o Have a written policy. o Notice that employees should not expect that computers, lockers, etc., will be private. Infliction of emotional distress. of Wickens, Herzer, Panza, Cook & Batista Co. 20
Categories of employee problems. o Absenteeism, attendance and tardiness. o Poor performance. o Misconduct. of Wickens, Herzer, Panza, Cook & Batista Co. 21
Employee discipline. o Goal is to improve performance. o Ensure all employees are consistently treated in a fair and reasonable manner. o Use as a defense of a post-termination claim. o Address the issue immediately. o Verbal warnings. o Performance improvement plans and last chance agreements. of Wickens, Herzer, Panza, Cook & Batista Co. 22
Documentation. o Explain the problem and its affect upon the practice. o Give the facts. o Provide future expectations. o Explore the consequences of the continuing problem, e.g., possible termination. o Ensure that the employee receives the documentation and acknowledges its receipt. of Wickens, Herzer, Panza, Cook & Batista Co. 23
Always monitor staffing levels / part of strategic plan. Raises should not be automatic. o Raises based upon work quality, longevity, cost of living and/or profitability. o Bonuses discretionary versus increased profitability and collections. of Wickens, Herzer, Panza, Cook & Batista Co. 24
As federal and state laws all differ, some commentators recommend eight years. Records include: Payroll records. Employment taxes. Employee benefits. Background checks. Personnel files. Employment conduct. Employee manuals. Immigration documents. Medical records. Medical records, background checks and similar information should be retained in separate files. of Wickens, Herzer, Panza, Cook & Batista Co. 25
Vacations, time-off, sick leave, illness, emergencies, jury duty paid versus unpaid days. Paid versus unpaid maternity and paternity leaves. Disability leaves. Dealing with leaves of absence and holding open positions. ADA reasonable accommodations. Federal law. Mirror state laws. of Wickens, Herzer, Panza, Cook & Batista Co. 26
Privacy laws. Age discrimination. Employment Act 29 U.S.C. 623. Age 40. Mirror state laws. Older workers' benefit protection act. Ensures older workers aren't manipulated or coerced into waiving their rights under the ADEA. of Wickens, Herzer, Panza, Cook & Batista Co. 27
Money isn't everything. Job security. Appreciation may be more meaningful than compensation and benefits. of Wickens, Herzer, Panza, Cook & Batista Co. 28
See Supplement 3. of Wickens, Herzer, Panza, Cook & Batista Co. 29
Waiting for regulations. Medical reimbursement plans. Summary plan descriptions. Written plans. Grandfathered plans. Future health insurance availability through professional associations. of Wickens, Herzer, Panza, Cook & Batista Co. 30
Staff attendance at continuing education courses is the staff compensated? Professional orthodontic services for family members of staff income! of Wickens, Herzer, Panza, Cook & Batista Co. 31
Maintain policies. Duty to inspect and take action. of Wickens, Herzer, Panza, Cook & Batista Co. 32
Workplace harassment, which has received increased media attention over the last few years, is a topic which should be addressed by a written policy. Sexual harassment and nonsexual harassment are prohibited workplace practices. Policies prohibiting workplace harassment should include definitions and examples of the prohibited conduct and the procedure to address complaints and take corrective action. of Wickens, Herzer, Panza, Cook & Batista Co. 33
Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, gender, national origin, age, disability, or that of his/her relatives, friends or associates and that: Has the purpose or effect of creating an intimidating, hostile or offensive work environment; Has the purpose or effect of unreasonably interfering with an individual s performance; Otherwise adversely affects an individual s employment opportunities. of Wickens, Herzer, Panza, Cook & Batista Co. 34
Sexual harassment is also unlawful and is defined as an unwelcome sexual advance, request for sexual favors and/or verbal or physical conduct of a sexual nature when: Submission to sexual conduct is an explicit or implicit term or condition of the individual's employment; Submission to, or rejection of, sexual conduct by an individual is the basis for any employment decision affecting that individual; Sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature have the purpose or effect of unreasonably interfering with an individual's work performance or create an intimidating, hostile or offensive working environment. of Wickens, Herzer, Panza, Cook & Batista Co. 35
Are useful to clarify your expectations of employee behavior in the workplace in an efficient, consistent manner and to orient new employees. Provide an objective aid to assess and document employee job performance. of Wickens, Herzer, Panza, Cook & Batista Co. 36
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