Bette Robin, DDS, JD 877.377.6246
SELECT PRACTICE SERVICES, INC. / DENTAL PRACTICE SALES
SELECT PRACTICE SERVICES, INC. / DENTAL PRACTICE SALES
17482 Irvine Blvd.
Suite E
Tustin, CA 92780
Tel: 877-DR-ROBIN
714-421-4407
Fax: 714-398-8808
Email: DrRobin@BetteRobin.com
Suite E
Tustin, CA 92780
Tel: 877-DR-ROBIN
714-421-4407
Fax: 714-398-8808
Email: DrRobin@BetteRobin.com
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HAPPY NEW YEAR!
New Governor - New Laws - and New Trouble FOR YOU!
OVERTIME’S BACK! We had two good years of no overtime. But, the party’s
over. Governor Davis signed into effect the new ‘Eight Hour Day Restoration and
Workplace Flexibility Act of 1999’ that went effect on January 1st, 2000. Now,
don’t let the Act’s title confuse you: the new laws are anything but flexible. So
much for truth in advertising.
over. Governor Davis signed into effect the new ‘Eight Hour Day Restoration and
Workplace Flexibility Act of 1999’ that went effect on January 1st, 2000. Now,
don’t let the Act’s title confuse you: the new laws are anything but flexible. So
much for truth in advertising.
The new law requires that you must pay overtime at time and a half for all hours
worked over 8 in a single workday or over 40 in a single workweek. The good
news is that you can once again implement an alternate work schedule that allows
employees to work up to 10 hours per day before the overtime payment is
required. This is a different agreement than the flexible work agreement many of
you have in place that did not require overtime until over 12 hours per day were
worked.
worked over 8 in a single workday or over 40 in a single workweek. The good
news is that you can once again implement an alternate work schedule that allows
employees to work up to 10 hours per day before the overtime payment is
required. This is a different agreement than the flexible work agreement many of
you have in place that did not require overtime until over 12 hours per day were
worked.
To implement the alternate work schedule (previously also known as the 4/10
work schedule), you must provide disclosures to employees as to the rights they
are waiving, you must provide ample notice, you must have a secret ballot
election for all your employees to vote in the alternate work schedule in and
provide new disclosures on the voting date. Then, you must report the results of
the election to the California Department of Labor Statistics. And, be sure to save
your signed and dated secret ballots and disclosures for proof that you complied
with the new laws. The Governor is promising to be vigilant in enforcing this new
law.
work schedule), you must provide disclosures to employees as to the rights they
are waiving, you must provide ample notice, you must have a secret ballot
election for all your employees to vote in the alternate work schedule in and
provide new disclosures on the voting date. Then, you must report the results of
the election to the California Department of Labor Statistics. And, be sure to save
your signed and dated secret ballots and disclosures for proof that you complied
with the new laws. The Governor is promising to be vigilant in enforcing this new
law.
So, what, you ask, should you do if you already have in place an alternate work
signed and dated secret ballots and disclosures for proof of previous proper
implementation. Nothing else shows proper compliance. If you don’t have those
ballots and disclosures you must start over and report the process to the
Department of Labor Statistics (see above).
SICK TIME OFF If you allow your employees sick time off (and you don’t have
to as long as you don’t play favorites among employees and have a uniform policy
of not allowing sick time off), you should know that you must now allow your
employees to use one-half of their yearly sick time off to care for sick children or
spouses. No more requirements that the employee must be personally sick.
PERSONNEL FILES You probably already know that you must allow
employees to look at their personnel files, upon reasonable request and within
certain conditions. Now, you must go even further. A new senate bill allows
employees to request corrections or deletions to their file. In other words,
employees previously had no right to ‘add to or take away from’ their file and this
law gives them that right. Employers must either comply with the employee’s
request for the changes, or
place a written reason in the file as to why the request was denied. Second,
employers must now remove adverse information from an employee’s personnel
file
after 2 years if the employee was not disciplined for the act or conduct contained
in the adverse information. It is yet to be determined exactly what ‘disciplined’
means. It may mean you actually laid the employee off work, etc., but the case
law will soon tell.
MAKE UP TIME Make up time or comp time was previously taboo in the pre-
2000 laws, although many of you used it anyway. A new law allows you to use
make up time legally in a specific set of inflexible circumstances. You may allow
employees that miss work time due to personal reasons to make up that time
during the same work week without obligating the employer to pay overtime if the
additional work does not require the employee to work over 11 hours per day.
So, if you regularly work 10 hours per day and an employee takes off 3 hours on
one day, that employee could work 11 hours for the next three days (assuming
there are 3 more days in the workweek) without necessitating that you pay
overtime.
SO, are you still glad you voted Democrat???
signed and dated secret ballots and disclosures for proof of previous proper
implementation. Nothing else shows proper compliance. If you don’t have those
ballots and disclosures you must start over and report the process to the
Department of Labor Statistics (see above).
SICK TIME OFF If you allow your employees sick time off (and you don’t have
to as long as you don’t play favorites among employees and have a uniform policy
of not allowing sick time off), you should know that you must now allow your
employees to use one-half of their yearly sick time off to care for sick children or
spouses. No more requirements that the employee must be personally sick.
PERSONNEL FILES You probably already know that you must allow
employees to look at their personnel files, upon reasonable request and within
certain conditions. Now, you must go even further. A new senate bill allows
employees to request corrections or deletions to their file. In other words,
employees previously had no right to ‘add to or take away from’ their file and this
law gives them that right. Employers must either comply with the employee’s
request for the changes, or
place a written reason in the file as to why the request was denied. Second,
employers must now remove adverse information from an employee’s personnel
file
after 2 years if the employee was not disciplined for the act or conduct contained
in the adverse information. It is yet to be determined exactly what ‘disciplined’
means. It may mean you actually laid the employee off work, etc., but the case
law will soon tell.
MAKE UP TIME Make up time or comp time was previously taboo in the pre-
2000 laws, although many of you used it anyway. A new law allows you to use
make up time legally in a specific set of inflexible circumstances. You may allow
employees that miss work time due to personal reasons to make up that time
during the same work week without obligating the employer to pay overtime if the
additional work does not require the employee to work over 11 hours per day.
So, if you regularly work 10 hours per day and an employee takes off 3 hours on
one day, that employee could work 11 hours for the next three days (assuming
there are 3 more days in the workweek) without necessitating that you pay
overtime.
SO, are you still glad you voted Democrat???