One of the most in-demand jobs in California’s healthcare industry is a dental assistant. These professionals provide invaluable services in dentists’ offices throughout the state. Just as there are different types and specialties for dentists, these distinctions also exist for dental assistants. At the same time, this career path is not as straightforward as it may seem. Like any job in the healthcare industry, it requires extensive education and training to obtain the proper licensure. Then, once they’re able to become employed, the job requires long hours and sometimes difficult conditions.
One of the biggest challenges that dental assistants can face in California is violations of their rights in their workplace. Dental assistants, like other employees in California, have certain rights and protections under the law. This is an important area for these workers to understand, especially when their employer takes steps to violate them.
California Dental Assistants Can Trust Maison Law
Working as a dental assistant in California can be a rewarding experience, but it can also lead to difficult situations that can leave you feeling isolated and alone. No employee should have to suffer violations of their rights in the workplace, but it’s a common occurrence throughout California.
If you are a dental assistant and believe you have suffered these violations, you can place your trust in Maison Law. Our team of experienced California employment lawyers can explain your rights and options under the law, then help you navigate the legal process to receive the treatment you deserve. Contact us today to set up a free, no-obligation consultation to get started.
Working As a Dental Assistant in California
In terms of an occupation, dental assistants are among the most important and essential parts of any dentist’s office. Dental assistants provide support to the dentist during patient exams and treatments. Not only that, but they are responsible for a variety of different job duties, typically including:
- Preparing the treatment room
- Setting up equipment and instruments
- Taking x-rays
- Assisting with procedures
- Educating patients on oral hygiene and care
Like any healthcare position, there are extensive requirements for becoming a dental assistant in California. These requirements include:
- Completion of a dental assistant training program approved by the California Dental Board or two years of full-time (or four years of part-time) work experience as a dental assistant.
- Passing the California Dental Board’s Registered Dental Assistant (RDA) examination or the Registered Dental Assistant in Extended Functions (RDAEF) examination if you wish to perform certain expanded duties.
- Obtaining CPR certification from a board-approved provider.
According to the Bureau of Labor and Statistics, the job outlook for dental assistants is quite optimistic, with an expected rise of 8% between 2021 and 2031. That said, it can also be a challenging position depending on the type of dental practice you work in and the tasks you will be performing. As it specifically relates to being a dental assistant in California, it’s helpful to be aware of the state’s workplace laws and how they apply to you as a dental assistant.
Dental Assistants and California Employment Law
Like any other employee in California, dental assistants have a number of legal protections in the workplace. These protections are centered on the state’s goal of providing a safe and healthy workplace for each employee. That said, Some of the key employment laws that dental assistants should be aware of in California include:
- Minimum wage and overtime – California has a higher minimum wage than the federal minimum wage, and most dental assistants should be paid at least the state minimum wage. Additionally, non-exempt (hourly) employees are entitled to overtime pay of one-and-a-half times their regular rate of pay for any hours worked over 8 hours in a workday or 40 hours in a workweek.
- Meal and rest breaks – Hourly employees in California are entitled to a 30-minute unpaid meal break for every 5 hours worked and a 10-minute paid rest break for every 4 hours worked. For many dental assistants, this is a protected right that can sometimes be violated.
- Anti-discrimination and harassment – California’s Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment on the basis of protected characteristics such as race, gender, religion, and age. The FEHA applies to all California employers with five or more full-time employees, which may not be applicable if you’re a dental assistant in a smaller dental office. Still, In addition to these protected classes, dental assistants that voice concerns of workplace harassment or discrimination or report any other illegal activity are protected from unlawful retaliation. This typically includes them being demoted, hours cut, or terminated.
- Workers’ compensation – Employers in California are required to provide workers’ compensation insurance to employees to cover medical expenses and lost wages if they are injured on the job.
- Family and medical leave – Under the California Family Rights Act (CFRA), as well as the federal Family Medical Leave Act (FMLA), eligible employees are provided up to 12 weeks of unpaid leave in a 12-month period for certain reasons relating to medical conditions and family situations.
As a dental assistant, it’s important to be familiar with these employment laws to ensure that you are being treated fairly in the workplace. It’s also important to remember that while California’s legal protections are very broad, they may not cover every situation that you work in. Still, if you believe that your employer is violating any of these laws, you have a few options that you can take to try to recover any lost wages or other damages that result.
How Can Dental Assistants Know If Their Workplace Rights Are Violated?
Working in a specialized position as a dental assistant can sometimes be difficult to figure out whether your rights in the workplace are being violated. Still, there are always indicators that you can watch out for if you believe your employer is violating your rights. These are sometimes obvious, while others are subtle. These can include:
- You are not being paid properly
- You are not receiving proper meal or rest breaks
- You are being treated unfairly because of a characteristic you have
- You are being punished or threatened for asserting your workplace rights
Options
Fortunately, California law provides dental assistants with several legal options in the event that their workplace rights are being violated. Depending on the violation, your options can include:
- File a complaint with the California Labor Commissioner’s Office – If you believe that your employer is violating California labor laws, you can file a complaint with the California Labor Commissioner’s Office. The Labor Commissioner’s Office investigates claims of wage and hour violations, including unpaid wages, missed meal and rest breaks, and other violations of California labor laws. They also have the authority to issue citations and penalties against employers who violate California labor laws, and can also file lawsuits on behalf of employees to recover unpaid wages.
- File a complaint with the Department of Fair Employment and Housing (DFEH) – If you believe that you have been discriminated against or harassed based on your membership in a protected class, such as your race, gender, or religion, you can file a complaint with the DFEH. This is the state agency responsible for enforcing the FEHA’s anti-discrimination and harassment provisions, and they investigate these claims in the workplace. Like the Labor Commissioner’s Office, they have the authority to issue rulings that require your employer to immediately stop any treatment that constitutes harassment or discrimination. Further, they also issue right-to-sue letters once their investigation concludes that will allow you to file a lawsuit in civil court.
- File a lawsuit – If you believe that your rights have been violated and other avenues have not provided satisfactory relief to your situation, you may have the option to file a lawsuit against your employer. Legally speaking, you could be filing claims for unpaid wages or wrongful termination, which have a three-year statute of limitations from the date of the violation. A civil lawsuit is a complex, lengthy process, but ultimately gives you the ability to recover monetary compensation–known as damages–from your employer. These damages include:
- Lost wages
- Lost benefits
- Emotional distress
- Loss of dignity
- Punitive damages, in extreme cases
It is important to understand that the legal options available to you may depend on the specific facts of your situation. Therefore, it is a good idea to speak with our team of experienced California employment lawyers. We can help you understand your legal rights and options and can represent you in legal proceedings to make sure your rights are protected.
Contact Maison Law For a Free Consultation
At Maison Law, our team of experienced California employment lawyers can guide you and other dental assistants through the complexities of the legal system when your rights are violated by your employer. Facing your employer can be daunting, but our team will be by your side every step of the way providing experience and legal support. We offer free, no-obligation consultations for all potential clients. To schedule yours, contact us today.
