Sunday, June 14, 2009
During this difficult economic period, it is more important than ever to make sure that your employment policies and employee manual are comprehensive, as well as, technologically and legally updated. The professional small business employer and dental professional who assumes that once the practice has a set of policies/manual in place they are "covered" is being too simplistic. If tools need to be sharpened, professional journals are published monthly and software improvements change every #.0, why not apply the same thinking to managing and setting rules for one of your most important business assets-your employees. If your manual/policies are more than five years old, do they properly address: cellphones and pda's, texting, twittering, recently enacted Red Flag legislation? If not, you would probably benefit from a review or "audit" of your employment policies and manual.
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What is red flag legistation and why would apply to a dental office?
ReplyDeleteIn an effort to prevent "identity theft", earlier this year, The Federal Trade Commission enacted The Red Flag Prevention Program (Red Flag Rules), although implementation has recently been delayed to August 1, 2009. Dental and dental specialist practices (as well as other healthcare providers) may be considered a "creditor" and therefore covered by the Red Flag Rules. If the practice defers payment on a regular basis by accepting insurance, delaying payment or accepting installment payments, or extends credit, the practice will fall under the "creditor" definitions. The Rules require that a program be implemented to detect, prevent and mitigate identity theft. Below is a link to the FTC website and alert page.
ReplyDeleteJoe La Bella
http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt050.shtm
I found your information interesting and looked you up to find out more about you. Sorry, but I can't take a guy in a comedy group that serious.
ReplyDeleteMore information on "Red Flag"
ReplyDeletehttp://bit.ly/RYA3x
Seems like I can pay $35 to handle this. Do you charge more and can you provide more than this seminar?
ReplyDeletehttp://bit.ly/16vpXO
I'm not sure what the seminar will provide, so it is difficult to say what it will offer or if it will be presented by an Attorney. I do know that most of the professional Associations are making model policies available to their members. Model policies should be reviewed to determine if they meet the needs of an individual practice. My email is provided below if you would like to discuss more specific information.
ReplyDeleteI'm looking at including an equity purchase provision in an employment contract with a new associate dentist. Esentially she will be able to purshase up to 12% over five years after 2 years in with appropriate performance and quality defined goals. I don't believe she has sufficient assets to claim her as exempt under Federal Securities law and blue sky laws. Is she otherwise exempt?
ReplyDeletebest book on the topic!
ReplyDeletehttp://www.amazon.com/Dont-Need-Lawyer-James-Kramon/dp/0761126341
I have a small office and less than the Cobra number of employees. Does the the American Recovery and Reinvestment Act now apply? Looks like I have to pay more?
ReplyDeletegreat blog, never seen so many comments rather than posts
ReplyDeletehttp://farm1.static.flickr.com/56/136549706_9b2d77c2ed.jpg
I have a medium size office, the office workers are passing around union information I think they received from a patient that has come in several times. I heard I have to let them do this?
ReplyDeleteI have 2 dentists the female says that she I have to pay her the say as the male dentist under the fair pay act. What is up with that?
ReplyDelete??????????????????
ReplyDeleteFirst, Happy Father's Day to all the Dads.
ReplyDeleteReplying to MichDentist: Under Michigan law, professional practices can be covered by "Blue Sky Laws". Any Associate "buy in" should be done with consultation by both the practice and the associate with competent professional consultants, at a minimum, including a CPA and Attorney. This is to protect all parties and propery structure the transaction. The specific elements of the employment agreement need to address not just Securities Law, but it is good you are carefully considerintg future ramifications.
Replying to Walker888: Your question is not as simple as iut might appear at first blush. There are complex Federal and State laws that regulate union activity and union organizing and you need to speak to an experienced employment attorney and present a detailed explanation of the activity to make sure you act appropriately as the employer.
Replying to majjohnson: There are many areas of State and Federal law that prohibit and regulate gender discrimination.