Dental Law - What You Need To Know
Dental Law - What You Need To Know
A summary of what every dental practice owner should know and implement in the day to day operations of their practice.

Dental Associate Contracts
What form of non-compete is permissible and defendable? If you’re fresh out of dental school or even a seasoned dentist working for a practice, what are some vital stipulations you should have in any contract to protect yourself in case you leave that practice? Stuart Oberman answers these...  Read More
Deadline Approaching for $25.5 Billion in Provider Relief Fund and American Rescue Plan Payments
The deadline to apply for Phase 4 funding under the Provider Relief Fund and American Rescue Plan is October 26, 2021. If these funds are properly utilized, they will not need to be repaid. The HHS administered funds are available to practices that experienced lost revenues and/or increased...  Read More
What You Need to Know When You Terminate an Employee
In Stuart Oberman’s experience with clients, the biggest problem he sees with employee terminations is the absence of a plan, and more specifically, a lack of documentation. In this episode of Dental Law Radio, Stuart outlines what a solid employee termination process should include to avoid the...  Read More
A Checklist for Hiring New Employees
You’ve hired that new employee. Now what? As host Stuart Oberman discusses, there should be an onboarding process that involves an offer letter, a well-written employee manual (not the 20-page version downloaded from the internet), consent forms, and much more. Missing steps and inadequate...  Read More
Employer Job Interviews and Covid-19 Questions
The hot question for dental practices seeking to hire is whether they can ask candidates about their vaccination status. The issue goes deeper than just a simple yes or no. As Stuart Oberman explains in this episode, he finds that HR is the biggest nightmare for dental practices, and that sloppy...  Read More
Must Have Covid-19 Policies for Employers
As Covid-19 cases continue to rise, so do the questions about handling Covid-19 policies for employees in your dental practice. Stuart Oberman discusses mandatory and non-mandatory vaccination policies, and how to handle requests for accommodations. Many people are turning to Google for Covid-19...  Read More
Covid 19/Delta Variant Mandates & Legal Liability
There is a lot to think about when diving into Covid-19 mandates within your practice. Host of Dental Law Radio, Stuart Oberman, discusses the ins and outs of requiring all employees to be vaccinated, how to handle employee resistance, and how to make sure you are staying within federal and state...  Read More
Are You Violating Federal Law in the Interview Process? (Dental Law Radio)
Many people think that ADA guidelines only apply once an employee has been hired. However, there have been instances where employers violate ADA requirements during the interview process. It is important for employers to be aware of these guidelines and make sure they are following them before,...  Read More
Anti-Harassment Complaint Procedures (Dental Law Radio)
A written anti-harassment procedure can you help tremendously in the event that you ever receive a letter from the EEOC or from an attorney representing an ex-employee alleging sexual harassment. Stuart Oberman explains why it is important to have a written anti-harassment complaint procedure, and...  Read More
OSHA Issues COVID-19 Standards for Health Care Employers
On June 10, 2021, the first nationwide emergency workplace safety rule, requiring health-care employers to protect workers from occupational exposure to COVID-19 has been published on OSHA’s website. The Emergency Temporary Standard (ETS) released on June 10, 2021, only applies to the health-care...  Read More
2021 Internal Audit Checklist (Dental Law Radio)
Making sure your HR policies and procedures are updated is essential to all dental practice owners. Host of Dental Law Radio, Stuart Oberman, offers a checklist that all dental practices should be reviewing in order to protect their practice and its employees. Some key areas of concern include...  Read More
DSOs Beware -- Here Comes the Government
The Office of the Inspector General (OIG) has continued its crackdown on DSO non-compliance. DSOs should be wary of continued scrutiny regarding DSO structures along with the heightened suspicion of fraud and abuse in the dental industry. Recently, Congress has expressed concerns regarding DSOs,...  Read More
Overview of Potential Employer Violations (Dental Law Radio, Episode 8)
Host Stuart Oberman discusses potential employee violations you might be violating without knowing. Many employers fail to include cell phone and social media use policies in their employee manuals, along with many other things. Mr. Oberman covers the basic questions employers may have, and covers...  Read More
Employers React to Workers Who Refuse a COVID-19 Vaccination
As COVID-19 vaccines become readily available, many employers are still wondering if they can require employees to get vaccinated, and what they can do if an employee refuses to get vaccinated. The Equal Employment Opportunity Commission (EEOC) has produced some guidance in this area. Employers may...  Read More
How to Avoid HR Problems (Dental Law Radio, Episode 6)
Covid-19 has changed many things for dental practice owners, including altering HR practices and procedures. The issues, regulations, and consequences of non-compliance are more complicated now than ever. Host, Stuart Oberman reviews the "must have" process needed to avoid HR problems.  Read More
Should My Staff Be Independent Contractors? (Dental Law Radio, Episode 5)
  On this episode of Dental Law Radio, host Stuart Oberman discusses the question of whether to classify workers as independent contractors or not. The US Department of Labor released new guidelines that clarify standards of classifying workers as employees or independent contractors, and the dos...  Read More
How to Mitigate the Risk of Lawsuits (Dental Law Radio, Episode 4)
Host Stuart Oberman covers the basic internal procedures necessary to mitigate the risk of lawsuits in a dental practice.  It starts with a carefully drafted employee handbook (and no, not the years-old version collecting dust which you haven't looked at in years.)   Read More
Whistleblower Employees (Dental Law Radio, Episode 3)
  On this edition of Dental Law Radio, Stuart Oberman discussed problem employees who file complaints with OSHA and HIPAA, the preemptive actions a practice owner should take, how to handle the situation once a complaint has been filed, and much more.   Read More
COVID-19 and OSHA Compliance (Dental Law Radio, Episode 2)
On this episode of Dental Law Radio, host Stuart Oberman discusses current issues in OSHA compliance resulting from the COVID-19 pandemic, the risks of non-compliance for dental practice owners, and much more.   Read More
Teledentistry (Dental Law Radio, Episode 1)
On the premier episode of Dental Law Radio, host Stuart Oberman surveyed various modalities of teledentistry, regulatory issues, the risks of “store and forward” or asynchronous teledentistry, and much more.   Read More
EEOC Updates Guidance on COVID-19 Testing
The Equal Employment Opportunity Commission (EEOC)  clarifying how/when employers can screen workers for COVID-19 without violating the Americans with Disabilities Act (ADA) if they follow guidelines from the U.S. Centers for Disease Control and Prevention (CDC) and other authorities.   'Business...  Read More
Know Your Rights: Coronavirus (COVID-19) and the Workplace
The coronavirus (COVID-19) has changed the work environment for millions of employers and employees. As practices continue to operate, many employers are implementing mandatory vaccination programs. Mandated vaccination requirements cannot run afoul of the Americans with Disabilities Act (ADA),...  Read More
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