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CAP's HR Resource Center

Human Resources Support for CAP Member Practices

 

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Human Resources

 

The Cooperative of American Physicians (CAP) is pleased to share valuable free HR resources offering essential guidance, education, and recommended HR policies and procedures — all to help reduce employee-related liability risk and support a productive staff.  

CAP members have access to a human resources hotline for employment-related questions, such as termination, wage and hours matters, leaves of absence, discrimination allegations, employee misconduct, performance problems, and more. Contact Leilani Ligans, CAP’s Vice President of Human Resources and Operations, at 888-311-2322 during business hours, 8:30 a.m. to 5:30 p.m, for human resources support, or email HR@CAPphysicians.com.

 

Click to expand and view these guides, webinars, and other resources below, or jump to the Human Resources FAQ.

At-a-Glance 2024 Employment Laws

This year, numerous employment laws and updates to existing laws went into effect, and independent practitioners must stay current on what these mean for their practices. From new minimum wages and expanded employee rights and protection to how employers notify employees, this document provides a summary of the most important employment law updates affecting medical practices of all sizes.

Download Now >

Human Resources Manual for Medical Practices

The latest Human Resources Manual for Medical Practices is available in a Word formatted document, now easier to customize for your practice!

The Employee Handbook includes:

  • California laws on leaves of absence, breaks, and time off
  • Policies regarding wages, timekeeping, and employee classification
  • Expectations for attendance, punctuality, and work assignments
  • Policies for social media, communications, technology, and HIPAA
  • And so much more

Download Now >

 

The Manager's Handbook includes:

  • Extensive lists of forms and templates for employee hiring, performance, and termination
  • Guidance for hiring, goal setting, and monitoring
  • Information on compensation
  • Recommendations for proper onboarding
  • And much more

Download Now >

Guide: Addressing Critical Human Resources Challenges in the Medical Practice

In this publication, you will find guidance for the top HR issues impacting medical practices. Compiled from the most frequently asked questions by our physician members, this free guide will help you streamline your HR processes and manage the staff who contribute to your practice’s success and patient care. 

Download Now >

Guide: Hiring Great Staff (And Knowing When and How to Let Go)

This educational guide that provides information for recruiting, hiring, and retaining employees, and terminating them when it is needed.

Download Now > 

Model Workplace Violence Prevention Plan

The California Division of Occupational Safety & Health has published and released a Model Workplace Violence Prevention Plan and information for employers and employees regarding the new workplace safety and violence prevention rules mandated by the recently enacted SB 553. The new law requires almost all California employers to implement a Workplace Violence Prevention Plan (WVPP) and complete training for all employees by the effective date of July 1, 2024. 

CAP recommends our members use the “Model Written WVPP for General Industry.”

Learn More >

The Division’s Safety and Health Fact Sheet with information for employers can be found here.

The Division’s Safety and Health Fact Sheet with information for employees can be found here.

 

Training: Free Sexual Harassment Avoidance Training

California employers with five or more employees are required to have their staff complete sexual harassment avoidance training every two years. The Cooperative of American Physicians (CAP) is offering free courses for medical practices to remain compliant with this regulation. An optional 40-minute diversity equity and inclusion (DE&I) training addressing discrimination in the workplace is also available. Both courses are available for supervisory and non-supervisory employees through Kantola Training Solutions. CAP recommends that your practice provide these courses as part of your comprehensive human resources management plan.

 

Enroll Now >

 

Please share these instructions with your staff:

  1. Register for a new account (or log in to an existing account) and select course options for "Group":
    • Harassment Prevention (Employee) AND Diversity Equity and Inclusion
    • Harassment Prevention (Manager) AND Diversity Equity and Inclusion
  2. Once you have created the account, you will see a pop-up message. Click "Close" and you will be taken to the course. Click "Play" to get started.
  3. Once you complete the program, you will be able to save the certificate of completion as a PDF.
Webinar: Hiring and Retaining an All-Star Medical Office Staff

From recruiting and retaining top talent, to understanding when and how to terminate employees who may be jeopardizing your practice’s success, CAP’s webinar helps you manage the employment spectrum effectively and legally. This webinar shares free guidance from industry-leading employment attorneys who share proven and sound policies and procedures for maximizing your medical office staff’s performance. 

Watch Now >

Webinar: 2024 Employment Laws Medical Practices Need to Know

This webinar covers critical employment law updates all medical practices need to know in 2024. Presented by two experienced employment attorneys dedicated to helping independent physicians avoid HR-related lawsuits, the program provides free guidance on new and changing legal requirements, like those affecting minimum wage, sick leave, and much more. 

Watch Now >

Frequently Asked Human Resources Questions

CAP’s Human Resources Support page highlights the answers to common member inquiries. 

Click on a question below to expand the answer.

Workplace Violence Prevention
How do I comply with workplace violence prevention requirements?

California Senate Bill 553 (SB 553) was signed into law on September 30, 2023. The new law requires almost all California employers to establish, implement, and maintain a Workplace Violence Prevention Plan (WVPP) and complete training for all employees by the effective date of July 1, 2024.

Access an overview of the requirements for creating a WVPP, maintaining a violent incident log, training employees on workplace violence, recordkeeping, and more by reviewing the California Division of Occupational Safety & Health (Cal/OSHA) Fact Sheet: Workplace Violence Prevention in General Industry. Read More >

Where can I get a sample workplace violence prevention plan template?

CAP recommends that its members use the Cal/OSHA Model Workplace Violence Prevention Plan Template for General Industry (Non-Healthcare Settings*) to create a WVPP for their practices. This template is available as a customizable Word document.  Download Now >

*While the plan template specifies “Non-Healthcare Settings,” CAP has determined that this template is appropriate for CAP members.

How do I access workplace violence prevention training?

Training is available from these CAPAdvantage program participants.

  • Traliant: Traliant provides a 30-minute training that complies with California’s workplace violence prevention law applicable to most California employers. CAP member practices can access the course for $27/person. This fee covers set up, support, a completion certificate, and audit-ready reporting. Enroll Now
     
  • WorkWise Law, PC: CAP member practices can access discounted training via a California employment law firm and provide their employees with a recorded webinar for $16/person (regularly $18/person) or a live in-person training for $1,350 (regularly $1500), plus travel if beyond 20 miles from Calabasas. To learn more, email lillian@workwiselaw.com or call 818-591-6724.

All trainings require the individual employer to provide details specific to their WVPP and allow employees the opportunity to ask questions and offer input about the plan.

Harassment Avoidance
Is my practice required to offer harassment avoidance training?

Under California’s Fair Employment and Housing Act, all employers with five or more employees must provide training to its supervisory and nonsupervisory employees on sexual harassment and abusive conduct prevention. 

  • When counting employed individuals, employers must include full-time, part-time, and temporary workers, as well as unpaid interns, unpaid volunteers, and contractors. 
  • Employers are required to train all California-based employees, even if the cumulative 5+ employees don’t reside in the state or work in the same location. 
  • Training must occur every two years: 
    • Nonsupervisory training = 1 hour
    • Supervisory training = 2 hours 
  • Newly hired employees must be trained within six months of hire date. 
  • New supervisory employees must be trained within six months of assuming supervisory duties.
  • Seasonal and temporary employees, or any employee that is hired to work for less than six months, must be provided training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first. 
  • Temporary workers employed by an employment agency must be trained by the agency, not the client. 
  • Once the employee completes the training, have them sign a certificate of completion and keep a copy in their personnel records. 

Not only does implementing this type of training help avoid regulatory penalties, but it’s also instrumental in helping to mitigate potentially harrowing harassment-related lawsuits filed by current and former employees. Learn more by visiting the State of California Department of Civil Rights website. Learn More >

How do I access harassment avoidance training?

CAP offers free courses for its members' medical practices to remain compliant with this regulation. An optional 40-minute diversity equity and inclusion (DE&I) training addressing discrimination in the workplace is also available. Both courses are available for supervisory and non-supervisory employees through Kantola Training Solutions. CAP recommends that your practice provide these courses as part of your comprehensive human resources management plan.

Enroll Now >

 

Please share these instructions with your staff:

  1. Register for a new account (or log in to an existing account) and select course options for "Group":
  • Harassment Prevention (Employee) AND Diversity Equity and Inclusion
  • Harassment Prevention (Manager) AND Diversity Equity and Inclusion
  1. Once you have created the account, you will see a pop-up message. Click "Close" and you will be taken to the course. Click "Play" to get started.
  2. Once you complete the program, you will be able to save the certificate of completion as a PDF.
Regulatory and Employment Laws
What types of Leaves of Absence must I provide my employees?

There are three types of unpaid employee leaves that most commonly affect medical practices in California: Family & Medical Leave Act, Pregnancy Disability Leave, and California Family Rights Act Leave— Child Bonding. The following is an overview of each.

 

Family & Medical Leave Act (FMLA) This law provides leave for a serious health condition of the employee or a family member, pregnancy, prenatal medical care, childbirth, adoption, or foster care.

  • The benefit grants 12 workweeks of unpaid leave during a single 12-month period, with the employee’s job remaining protected.
  • Applies to organizations with 50 or more employees, all of whom must work within a 75-mile radius of each other.
  • Employees must have worked 1,250 or more hours in the past year and have worked for the employer for 12 months to qualify.
  • Group health benefits must continue during the leave. 

 

Pregnancy Disability Leave (PDL) PDL provides eligible employees with unpaid, job-protected leave in the event of a pregnancy, childbirth, loss of pregnancy, and/or pregnancy-related physical and mental conditions. 

 

  • Anyone who is pregnant can take this leave, but employers are advised to ask for medical certification.
  • PDL applies to employers with five or more employees (part-time and full-time).
  • Leave can be taken for up to four months per pregnancy (all at once or intermittently), based on hours worked per week and duration of the disability.
  • Employees can be paid if they have access to Temporary  Disability through the employer or apply for State Disability Insurance (SDI) through the Employment Development Department (EDD), and/or they may use accrued vacation, or sick leave in addition.
  • Group health benefits must continue during the disability leave.

 

California Family Rights Act Leave—Child Bonding (CFRA) CFRA provides up to 12 weeks of unpaid, job-protected leave for employees who need time off to care for a serious health condition, either their own or a family member’s, or to bond with a new child.

  • Employees who have a new child via birth, adoption, or foster placement are eligible for CFRA benefits.
  • Like PDL, CFRA applies to employers with five or more employees (part-time and full-time).
  • Employees must have worked over 12 months for the employer and at least 1,250 hours in the past year to qualify.
  • Leave can be taken for up to 12 weeks starting from the time of the birth, adoption, or foster care.
  • CFRA runs after PDL and may be taken all at once, or intermittently.
  • Employees may be paid, depending on the practice policy or if they are receiving Paid Family Leave (PFL) from the EDD. 
  • Group health benefits must continue during the leave.

 

For comprehensive up-to-date information about these types of leaves and more, visit the State of California Employment Development Department website at  https://edd.ca.gov and the U.S. Department of Labor website at https://www.dol.gov

What are the rules about rest breaks and meal periods?

California requires employers to provide all nonexempt employees with rest breaks and meal periods. Practices are advised to take this mandate seriously. Since the start of COVID-19, the number of employees filing lawsuits against their employers for failure to provide entitled breaks has dramatically increased.

The following reflects vital information about each type of break: 

Rest Breaks

  • Nonexempt staff must have 10 minutes of rest during each four hour period worked.
  • A rest break is not necessary for a shift of three-and-a-half hours or less.
  • Be sure to track breaks on the employee timesheet.
  • Breaks should be scheduled mid-shift—do not add the rest break to either side of the meal break or at the end of the day. 

Meal Periods 

  • Meal periods are required under California labor regulations.
  • Nonexempt employees who work more than five hours a day are entitled to a 30-minute unpaid meal break. 
  • If an employee is working less than six hours a day, the employee may waive the meal break. Waivers should only be approved on a very limited basis, not a recurring basis. Document that waiver and put it in the employee file. One waiver per occurrence is required.

Considerations for Rest Breaks and Meal Periods

  • Additional rules apply if the employee is working 10 or more hours a day.
  • Employers are not responsible for ensuring employees do not work during their meal or rest break. 
  • If an employee volunteers to work during a rest or meal break, they may do so, but the employer should document that.
What's the latest on minimum wage increases for healthcare workers?

Senate Bill 525 (SB 525) establishes a minimum wage schedule for covered entities, which includes hospitals, skilled nursing facilities, home health agencies, and physician groups that have 25 or more physicians and will require these entities to increase the minimum wage for many categories of workers to up to $25 per hour. Groups and independent practices that have fewer than 25 physicians are excluded with a few exceptions based on contracts with covered facilities.

Implementation of SB 525 will now go into effect on October 15, 2024, but only if tax receipt revenue levels exceed three percent of projection in the first quarter of the fiscal year. Should the requirement not be reached, implementation will be pushed to January 1, 2025.

If you are concerned about whether the law applies to you, we recommend consulting an attorney. Visit the CAP Marketplace for a list of legal services and resources.

Do I need an employee handbook or human resources manual?

An employee handbook is an indispensable tool for both employer and employee. Beyond outlining a practice’s policies, procedures, and benefits, it is also an important means of protecting the employer against discrimination or unfair treatment claims. 

A  comprehensive employee handbook includes policies and procedures covering:

  • Dress code
  • Discrimination and harassment
  • Reasonable accommodations
  • Communications
  • Safety and security
  • Leaves of absence
  • Hours of work and working conditions
  • Benefits
  • Other work rules and standards of conduct

Employers should require every employee to provide a written acknowledgment of having received the handbook. The acknowledgment should be saved in an employee’s personnel file as a way for the organization to establish that the employee was made aware of the policies. By no means should the handbook be construed as an employment agreement, which may affect the employment-at-will status. Be sure to have your employee handbook reviewed by legal counsel before distribution.

CAP offers a Human Resources Manual for Medical Practices, available in a Word formatted document, now easier than ever to customize for your practice!

The Employee Handbook is updated every year and includes:

  • California laws on leaves of absence, breaks, and time off
  • Policies regarding wages, timekeeping, and employee classification
  • Expectations for attendance, punctuality, and work assignments
  • Policies for social media, communications, technology, and HIPAA
  • And so much more

Download Now >

 

The Manager's Handbook includes:

  • Extensive lists of forms and templates for employee hiring, performance, and termination
  • Guidance for hiring, goal setting, and monitoring
  • Information on compensation
  • Recommendations for proper onboarding
  • And much more

Download Now >

How do I classify employees as Exempt or Non-Exempt?

A commonly asked question is how to determine whether a position is exempt or nonexempt. The answers are often complicated and nuanced, but below are some general guidelines that can help to determine classification: 

  • Primary job duties
  • Rate of pay and total annual compensation
  • Decision-making authority 
  • Required education level 
  • Location of the work
  • Level of responsibility 
  • Amount of discretionary and independent judgment with respect to matters of significance

Remember, all exempt employees are salaried and do not have to be paid overtime; nonexempt employees are hourly and must be paid overtime. Employers cannot use exempt status as a means of not paying overtime to employees who would otherwise be classified as nonexempt.

A few words about independent contractors:

  • To determine if your employee is eligible to be an independent contractor, apply the A-B-C Test developed by the California Labor & Workforce Development Agency at  www.labor.ca.gov/employmentstatus/abctest/
  • Employees do not get to decide if they are independent contractors.
  • You must complete a 1099 tax form for all independent contractors.

The California Chamber of Commerce (www.calchamber.com/californialabor-law/exempt-nonexempt-employees) and Indeed (www.indeed. com/hire/c/info/exempt-vs-non-exempt-employees-in-california) are both good resources for additional information on this topic.

Staffing
What are the recommendations when terminating an employee?

While California is an “at-will” state where employer and employee can end the working relationship at any time, there are steps we strongly recommend you take to protect yourself from wrongful termination claims.

Verbal and Written Warnings 

Before resorting to terminating an employee, execute a formalized warning process that begins with a verbal warning, followed by a formal written warning, then the final written warning. When conducting the warnings:

  • Identify the issue (behavior, attendance, and/or performance).
  • Counsel the employee with specific feedback, pinpointing deficiencies.
  • Provide practical advice and resources to help the employee meet expectations.
  • Have the employee sign the written warning and keep in their personnel file. If an employee refuses to sign a warning, write “employee refused to sign” with your initials and the date.

The Termination Process

If all performance improvement efforts have failed and you’ve concluded that termination is the most prudent option, we recommend the following steps, to help ease the transition for both employer and employee.

  • Write a termination letter that briefly outlines what has happened since counseling resulting in the termination.
  • Coordinate the discontinuance of the employee’s access to computer systems as of the date of termination.
  • Have the employee’s final paycheck prepared, including unused vacation hours and paid time off.
  • Conduct the termination in a private room. Keep the discussion centered on the purpose of the meeting and avoid engaging in small talk. Cover all the facts that have led to the decision to terminate. If preferred, have another senior staff member present to witness the event.
  • Collect all work-related materials in the employee’s possession, including keys, computer equipment, and corporate credit cards, no later than the termination date.
  • Provide the employee with boxes, and accompany them to their work area to remove their personal belongings. The employee may wish to remove these items immediately or, upon approval, return after hours to collect the items. If possible, be flexible and accommodate reasonable requests.
  • Escort the former employee out of the office/building.
  • Meet with the former employee’s department members and advise them that the employee is no longer working for the practice. Resist disclosing details regarding the event.

For advice about a specific situation, contact your employment law attorney.

Do you have forms or templates related to hiring or firing?

CAP offers tips and tools to help physicians and administrators ease the stress of hiring and firing. Download Hiring Great Staff (And Knowing When and How to Let Go) to get:

  • A list of resources for finding qualified candidates.
  • Ways to create a positive interview process, making it irresistible for the right candidate to say “yes” to your job offer.
  • New employee orientation and onboarding tips.
  • Steps to take to address employee performance issues and terminate employment, if necessary.
  • A list of legal/illegal interview questions.
  • Sample HR forms and letters that you can adapt for your own needs throughout the hiring and termination process.

Download Now > 

 

 

 

Have additional questions? Contact Leilani Ligans, CAP’s Vice President of Human Resources and Operations, at 888-311-2322 during business hours, 8:30 a.m. to 5:30 p.m, for human resources support