Most employment law violations aren’t malicious. They’re the result of an overloaded schedule and outdated HR processes that don’t get revisited often enough. This is extra true in complex states like California. That’s because California employment laws are a moving target, and you’re probably not asking yourself, “Is this employee interaction legally compliant?” every single day.
We are, though. Here’s a real-world example of the sorts of California compliance gaps we see health and dental practices make all the time.
This Dental Practice is Thriving, But It Breaks a Bunch of California Employment Laws
Imagine this… It’s Tuesday at your dental practice in Glendale, and even though you’re open seven days a week, you are busy today! It’s been like this all week, so your full-time front desk coordinator, Glenda, has been coming in at 7:30 every single day. Good thing she’s an early bird, because the waiting room fills up fast and the phones are ringing non-stop. She barely even has time to grab a granola bar for lunch before hustling back to her desk.
In the afternoon, you interview for a second dental assistant. They applied on LinkedIn through the job listing your lawyer helped you write a few years ago. You know California has pay transparency, so in the listing, you used the same pay the other assistant started at. The interview goes so well that you’re ready to extend an offer. Amazing! You make a copy of the job description and hand it to your new hire along with an I-9 and W-4.
At the end of the day, Glenda clocks out and puts a sticky note on your desk to remind you that she came in early again. She suddenly remembers that the last two patients didn’t schedule their follow-ups, so she makes a couple quick calls, cleans up her desk, and heads home for the day.
So What’s the Problem?
The busy practice in this scenario is clearly growing. The patient flow is steady and they’re actively hiring to keep up. But this practice is on thin legal ice because it just broke at least six California compliance laws.
- Improper overtime tracking. California employment law has a daily overtime threshold and a weekly one. Glenda’s hours weren’t captured by an accurate timeclock, so her payroll is going to be wrong (read: non-compliant).
- Day of rest. California states that employers may not require employees to work more than 6 days in a workweek before venturing into overtime territory. Did Glenda get a day off?
- Off the clock work. Glenda did more work after she clocked out. Even though that was her decision, she needed to be paid for that time, too. Not just the early log-in.
- Meal and rest breaks. A five minute granola bar lunch? Nah. Employees are legally allowed half-hour meal breaks in California, plus quick breaks throughout the day.
- Possible minimum wage violation. Remembering pay transparency and using a legally-vetted job description was the right move, but did you check that the new assistant’s salary was at or above the new minimum wage?
Missing documentation. The I-9 and the W-4 are a good place to start, but California has a whopping 29 recommended new hire documents! And where’s the employee handbook, hmm?
California Employment Law 101
Does California’s daily overtime and day of rest rule apply to dental practices?
Yes. Overtime is extremely common in health and dental, but any non-exempt employee, including front desk staff and dental assistants, earn overtime after 8 hours in a day, 40 hours in a week, or on the seventh consecutive day of work.
What counts as a proper meal and rest break policy in California?
Non-exempt employees get a 10-minute break every 4 hours worked. Employees who work more than 5 hours in a day get at least 30 minutes for meals. For workdays lasting 10 or more hours, there is a second 30-minute meal break as well.
Is pay range required on every job posting in California?
Yes, if you have 15 or more employees. The range must reflect a good faith estimate, not just a ballpark or placeholder.
What belongs in the California new hire packet?
You’ll need federal documents like the I-9 and W-4, plus California-specific notices like the ones about wage theft notice, paid sick leave, and the new Know Your Rights document. The list keeps getting longer.
What kind of time tracking would be compliant in California?
Not sticky notes, that’s for sure. You must keep accurate daily records of exactly when each employee begins and ends work. Yes, your day might be a little bonkers, but estimating isn’t compliant.
How HR for Health Can Help
No surprise: California’s employment laws are complicated. They’re always changing, and they lean in the employees’ favor. We love seeing workers get treated well, but it also makes it tough for practice owners like you to stay compliant. Especially in California. Thankfully, HR for Health knows these laws inside and out, and we won’t let you fall behind on updates.
Grab our latest California employment law guide to catch up on compliance.
