Some of the 2008 labor law changes will impact doctors more than other employers.
To keep physician employers within the law, Stacy Rochelle, California Employer Association Southern California regional director, explained upcoming labor law changes and offered hiring tips at a Sept. 25 seminar at the Los Angeles County Medical Association headquarters.
Some changes in the law are well known, such as increases in the state and federal minimum wages, but a few are bound to get employers in trouble, Rochelle says. For example, wage statements can no longer display employee Social Security numbers, and employee applications can no longer ask for the numbers. Only the last four digits may be used, she notes. "You'd be surprised how many employers include the full Social Security number," she says. "[The changes] are for preventing identity theft ... it's a huge thing."
Because of the way that doctors' offices have traditionally done business, some of the 2008 labor law changes will impact them more. The unusual timing of lunch breaks, and how that time is accounted for, is one area where physicians should pay attention, Rochelle says. "The labor commissioner has changed the statute of limitations from one year to three years ... for meal- and rest-period claims, which is significant," she says. "Non-exempt employees must clock in and out for all meal periods, and be provided with at least a 30-minute duty-free meal period. We're seeing thousands of dollars in claims against employers for not having accurate time records with that punch showing on timecards."
Some tweaks in the law are peculiar to California. "For example, if you provide a cell phone for your employees, you will have to provide a hands-free device, effective Jan. 1, 2008," Rochelle says. That change will encourage employees to keep both hands on the wheel while talking and driving. This new requirement may be expensive, considering recent technological advances. "It could be costly to provide brand-new cellular phones, as well as Bluetooth hands-free devices."
On the topic of interviewing new employees, Rochelle ticked off a list
of danger signs to look out for when hiring. "These include not signing the
back of the application and dating it; failure to answer questions about criminal convictions; failure to recall the name of a supervisor;
and gaps in employment history that can't be explained," she says.