2024’s Most Popular HR Issues for Office Managers

 

We asked ChatGPT to write a quick poem for the end of the year on how office managers must be feeling:

The end of the year is drawing near,
Office managers feel the strain, that’s clear.
Scheduling, staffing, the phones won’t stop,
December’s a mountain they have to top.

The team’s in a whirl, the docs in a dash,
Insurance claims, all done in a flash.
But amidst the bustle, there’s still a glow,
It’s the smiles they help, the care they show.

So, as December wraps its arms so tight,
Office managers, you shine so bright.
Through the chaos and lists, you lead with grace,
Making the dental world a warmer place.

What do you think? Accurate? We think so (especially the part about you all shining so bright!)

Anyway, let’s finish off our 2024 HR Tuesdays by reviewing our top clicked questions by you this year! Clearly, these are issues you all deal with, and it’s important to know that you are not alone in these struggles.

For those new here, we take time each month to answer questions you submit about situations you encounter in your offices. We answer most of your questions during these HR Tuesday segments. However, we will often answer the questions we can’t get to here on the What the Hell Just Happened?! Podcast with CEDR CEO, Paul Edwards. So be sure to subscribe to that if you haven’t already done so!

Remember that your daily employee interactions likely involve state, federal, or local employment laws that you must consider when trying to find the best human way to solve the core problem. We will combine the two during our answers and help you devise some great solutions.

Here are the top submitted questions of 2024:

1. “I’ve heard talk about new rules for independent contractors. Does this mean I can’t hire associates and hygienists as independent contractors anymore?”
2. “I have an employee who takes medication that makes them sweat a lot, and it’s really noticeable early in the day. Patients seem distracted by it, and I know the employee feels embarrassed. I also know they can’t control the sweating. Can I suggest they change clothes halfway through the day to make it less obvious?”
3. “My employees text me after work hours, venting about the day and asking for advice on what to do. I’m the practice manager, so I think this might be a problem. How can I address this?”

Let’s Get to the Answers:

Question: I’ve heard talk about new rules for independent contractors. Does this mean I can’t hire associates and hygienists as independent contractors anymore?

The legal side of things: You heard right! The Department of Labor’s latest independent contractor ruling makes it much, much harder for employers to classify workers as independent contractors. The new guidance makes it clear that practically all healthcare workers should be classified as regular employees. Be sure to take our complimentary 20-minute course on the subject here.

Hygienists have always been considered employees, and this is only reinforced by the DOL’s latest guidance. This means you should immediately address your current hygienists’ classifications and should not classify any new hires as independent contractors.

A key piece of the DOL’s new guidance is that classification must be determined based on the “extent to which the work performed is an integral part of the potential employer’s business.” Almost all associate doctors’ work is considered an integral part of an employer’s business (i.e. a pediatric dentist who performs dental work at a pediatric office). There may be some exceptions for specialty doctors providing services outside the norm of what a business offers, but those are few and far between.

It’s important to note that it does not matter if an employee requests to work as an independent contractor. The responsibility is on you as the employer to classify them correctly, and misclassifications can cost you thousands. If you’re considering classifying anyone as an independent contractor, we strongly suggest you speak to an HR Expert about it first.

Now for the human approach: There’s not much flexibility when it comes to these rules, so your biggest HR hurdle is going to be managing employee responses to being re-classified and potentially losing out on new hires who insist on being hired as independent contractors. However, that’s a small price to pay compared to the potential fines should you be audited.

Now is a good time to review any job ads you have out and existing job descriptions to make sure that positions are classified correctly.

Question: I have an employee who takes medication that makes them sweat a lot, and it’s really noticeable early in the day. Patients seem distracted by it, and I know the employee feels embarrassed. I also know they can’t control the sweating. Can I suggest they change clothes halfway through the day to make it less obvious?

The Legal Side of Things: There are no specific laws protecting employees who sweat excessively, but there are laws protecting employees with disabilities. Since this sweating is linked to a medication your employee takes for a medical condition, the Americans with Disabilities Act (ADA) may apply. The ADA kicks in if you have 15 or more employees, but it’s always a best practice to follow a similar process, even if you’re not legally required to. And, of course, many states have similar laws that apply to smaller employers.

This means entering into the “interactive process“—a conversation with the employee, and possibly their healthcare provider, to find a solution that accommodates their medical needs while ensuring they can still perform their job duties effectively.

Now for the Human Approach: As an office manager, you know that maintaining a professional and hygienic environment is key—especially in a dental office. When an employee’s excessive sweating is noticeable, it can distract patients and raise hygiene concerns, even when a medical condition causes it.

But how do you handle this delicately while respecting the employee’s rights and feelings?

You’re already thinking in the right direction. Suggesting a mid-day change of clothes could be a practical solution, but it’s important to work with the employee on this, not simply dictate what they should do. The interactive process is all about collaboration, so any accommodation should be agreed upon together.

While the sweating itself is related to a medical issue, for you, it’s also a hygiene concern. Sweaty clothes can appear unclean, and patients may perceive this negatively. And in healthcare, that’s something you can’t overlook.

Set up a private meeting with the employee to talk about the issue. This conversation can be awkward, so approach it with empathy. Be direct, but kind—acknowledge that you understand the sweating is due to their medication and that you’re not blaming them. Instead, you’re concerned about its impact in the workplace and want to find a solution together.

Ask if they have any ideas on how to manage this throughout the day. Then, you can bring up your suggestion of changing clothes during the day as one potential solution. You might even explore options like sweat-proof undershirts or adjusting the office temperature.

Addressing hygiene issues is never easy, but approaching it thoughtfully and collaboratively will help both you and the employee feel more comfortable—and ensure that patient care remains the top priority.

If you’re looking for more guidance on having these kinds of conversations, check out our complimentary course on handling hygiene issues with employees. It’s designed to make these tricky talks easier for office managers like you!

Question: My employees text me after work hours, venting about the day and asking for advice on what to do. I’m the practice manager, so I think this might be a problem. How can I address this?

The legal side of things: The biggest cause for concern is that these discussions become time worked that needs to be tracked and paid if the employee, or yourself, is non-exempt. It’s one thing if it’s a one-off message, but if the conversation starts to go back and forth, the texts could violate wage and hour laws for non-exempt employees if they aren’t being paid for that time. This applies to you, as the recipient of the text messages, as well if you are non-exempt.

There’s also the risk of your employee inadvertently sharing protected health information when venting. HIPAA regulations still apply to communications that occur after work hours, and you certainly do not want PHI to exist on your employees’ personal devices. Remember, AADOM members have access to complimentary HIPAA training for you and your team!

This blog provides some more insight into the potential legal issues with texting outside of work hours.

Now for the human approach: We recently surveyed our community (speaking of, have you joined yet? You will get HR Education sent to your inbox every week!) about group texts. Out of those who answered, 83.5% said their team has a group text on their cell phones. Clearly, it’s more important than ever to know how to set those digital boundaries outside of work!

It’s a good thing your employee feels comfortable talking to you about the issues they’re facing, but there’s a better way to have these discussions.

Try to encourage your employees to leave the workday behind them when they leave for the day. Both you and them should be able to get a break in the evening after work without continuing work discussions during your personal time.

Discussing things over text can also be difficult for so many reasons and is not the best way to talk something important through. If you’re getting text messages from an employee and it is not an emergency that needs immediate resolution, it’s usually best to let them know you will make time to speak to them the next day. That way, the fact that they have concerns is acknowledged, but you are still creating boundaries about how and when workplace issues will be handled.

We recommend taking a moment to speak to the employee the next time you’re in the office together and gently reminding them that workplace concerns should be addressed during work hours and not over text if it’s not an emergency. You should have some sort of concern reporting policy in place. If you’re a CEDR member, this policy can be found at the end of your handbook.

Approach this conversation gently. The employee isn’t in trouble for reaching out to you, but you want to address it now before their after-hours texts become the standard.