September 8, 2017
Attorney Helene Horn Figman presented “HIRING, FIRING and EVERYTHING IN-BETWEEN” and I took so many notes that were applicable to our own business, as well as many dental practices. Here are some of my highlights:

When hiring, use “Job Descriptions” to also qualify your applicant’s ability to fulfill all of the jobs requirements. Helene stated:

  • Setting forth the title of the position and the general overview
  • Detailing the “essential functions” of the position
  • Clearly stating requirements in terms of skills and education
  • Describing all physical demands

My examples would be their ability to go upstairs for your monthly team meeting.  Or, that they are able to lift boxes annually when you purge your charts and put the storage in the cellar or storage unit.  If travel is required, make sure that is also stated. The more detailed you are in your job descriptions, the less apt you are to be surprised about a candidates limitations.

Exempt status is a tricky topic and Helene went into detail with good examples of who is exempt and who is non-exempt. Helene corrected the misunderstandings of many of us when she declared:

  • You MUST have accurate time records for every hourly employee.
  • MA law requires a ½ hour unpaid meal break. This must be recorded on the employee (log in / log out) time sheet, time card or software system.
  • Your Practice can provide more than a ½ hour break and you can also choose to pay for the break time. For a normal 7 to 8 hour day, no other breaks are required in a dental practice

Helene stressed the need and benefits of an Office Policy Manual:

  • Provides opportunity for your Practice to set forth guidelines
  • Acts as a vehicle for stating benefits such as vacation time
  • Allows employees to know your expectations for behavior at the workplace
  • Serves as a tool for defending unwarranted claims for unemployment
  • Documents at-will relationship
  • Presents anti-harassment policy
  • Policies are only effective if uniformly enforced
  • All employees must be given a copy of your employment policy handbook at the time of hire, or as soon as policies are put in place.
  • An acknowledgement of the receipt of the handbook should be signed by the employee and placed in the personnel file.
  • Manuals should be reviewed and revised; employers are not locked into old policies.

Luckily for us, Helene often attends our meetings and is available to help us with all these challenges!

Notes by Pam Snell, DMS Advocate