Test Your Knowledge of Employment Compliance
Today’s workplace is a legal minefield that can explode on unprepared employers.
Each year practices lose thousands in legal fees, fines, lost production and court judgments.
4-Minute Mini Quiz
Just answer Yes or No to these questions
Your answers identify regulatory, compliance and personnel management risks within your practice.
1. |
Are all employees required to keep daily records of hours worked, such as time cards or electronic records, regardless of their method of compensation? |
yes ? No |
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2. |
Do you maintain three (3) types of personnel files—a separate I-9 file and one “Regular” file and one “Confidential” file for each employee? |
yes ? No |
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3. |
Do you know your state’s specific requirement and protocol to follow when an employee (or former employee or his/her attorney) asks to review his/her personnel file? |
yes ? No |
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4. |
Has your policy manual been updated within the last 12 months with pertinent polices and protocols related to newly implemented employment laws to ensure compliance and asset protection? |
yes ? No |
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5. |
As an “at will” employer, is an updated version of the “at-will” prerogative correctly stated on your job application, in your employment agreement and in the recommended sections of your policy manual? |
yes ? No |
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6. |
Do each of your employees sign an “Employee Acknowledgement” form establishing your “at-will” rights (if applicable) and also committing them to established policies like professional conduct, HIPAA safeguards and records confidentiality? |
yes ? No |
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7. |
Are you correctly following the most current wage and hour requirements for paying your employee’s time while attending or traveling to and from seminars, lectures or workshops? |
yes ? No |
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8. |
Are you up-to-date on the requirements for each different type of leave of absence, i.e. pregnancy, personal, family, work-related injury, jury duty, military, etc.? |
yes ? No |
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9. |
Do you know the currently recommended procedure to follow if a pregnant employee says she cannot or will not take x-rays and/or work with nitrous oxide? |
yes ? No |
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10. |
Have your job descriptions been recently updated for each position to comply with the Americans with Disabilities Act (ADA) regulations? |
yes ? No |
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11. |
Does your personnel policy manual and employee handbook include the most current breastfeeding rights and requirements pertinent to every employer? |
yes ? No |
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12. |
Has your personnel policy manual and employee handbook been updated to include policies pertaining to: body piercings, tattoos, social media, personal cell phone and cell phone camera use during work hours? |
yes ? No |
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13. |
Are you performing background checks, or having background checks performed, before hiring any new staff member? |
yes ? No |
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14. |
Have you reviewed your policy manual recently to confirm that it does not contain contradictory and/or undermining language related to progressive discipline policies, probation or permanent employee status? |
yes ? No |
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15. |
Are you aware of the three (3) key components to follow in order to minimize the risks of unemployment, workers’ compensation, and wage & hour claims when utilizing a skillsassessment (a.k.a. the “working interview”) in the hiring process? |
yes ? No |
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16. |
Are you up-to-date on the guidelines and your documentation responsibilities to prevent “protected class” discrimination claims? |
yes ? No |
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17. |
When hiring, do you have a reference request form and do you obtain every candidate’s authorization to check references, as well as consistently perform reference checks before you hire to help avoid allegations of “negligent hiring”? |
yes ? No |
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18. |
Are you up-to-date with an established and written protocol to prevent and/or correctly manage a “hostile work environment” harassment claim? |
yes ? No |
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19. |
Did you know that, regardless of your “at-will” employment status, you can no longer terminate an “at-will” employee if it is deemed a violation of the employee’s civil rights, right against retaliation or the public interest? |
yes ? No |
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20. |
Do you properly pay overtime to all non-exempt employees, including office managers and hygienists, regardless of whether they are paid per hour or a salary, when they work more than 40 hours in a week (or more than the daily permitted hours if required by your state regulations)? |
yes ? No |
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21. |
Are you clear on your rights as an employer regarding “protected concerted activities” and disciplinary action as it relates to an employee’s work-related posts on Facebook or other social media sites? |
yes ? No |
How did you do?
The right answer to each question is a “Yes”. A “No” to any question indicates an area of risk or potential liability where the practice is not in compliance with state or federal requirements.
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