MMC, INC. E-Newsletter  Volume IV, Issue No. 8

August, 2008 

Autumn Is Here 

Autumn is often considered a time for transition.  As the days become shorter, the leaves change color, and you're more likely required to transition your life and work styles.  This issue of MMC's Client E-News is dedicated to providing tips to our readers aimed at helping to make the summer to fall transition easier.  On behalf of everyone at MMC, we wish all of our readers a happy Autumn!

For the past 25 years, MMC has enjoyed its role as a leader for innovative management solutions. Our turn-key solutions for Human Resources, Payroll, Employee Benefits, Risk Management and Compliance issues makes us an invaluable partner for your organization.  Always feel free to reach our team of helpful professionals at (800) 899-MMCI (6624).

MMC University Announcement

MMC offers continued education courses to Human Resources Professionals, Certified Public Accountants, Attorneys, and more. In September, MMC will feature a webinar course on "The Seven Secrets of a Successfully Medical Practice."

For more information on course offerings or to register for a course in your area, please call (800) 899-MMCI (6624), ext. 5130.

History of MMC

MMC, Inc. was established in 1983 for the purpose of providing highly effective administrative and human resource functions. Our goal is to offer quality services that set the highest standards and exceed the expectations of our clients.

In this issue

• Maintaining Good Worklife Balance - The Art of Efficient Multi-tasking
• School Is Back In Session - Do You Know Your ABC's?
• Exiting A Medical Practice - What Is The Proper Protocol? 
• Workplace Law Update: Noncompete Agreements Are Typically Not Enforceable

Maintaining Good Worklife Balance - The Art of Efficient Multi-tasking

The ability to manage work duties, home/life responsibilities, and personal interests is tough for most.  However, researchers have found that entrepreneurs and employees who are most productive demonstrate mastery over managing the worklife-balance challenge. 
 
How do you get started? First, consider evaluating all of your responsibilities at work and at home.  Don't be afraid to delegate and rely on others to help you accomplish routine tasks and responsibilities.  For example, consider going to a professional car wash or hiring help with  cleaning occasionally.  Also collaborating with your workplace team to identify tasks that can be shared can be helpful as well.  Often times, certain tasks fall on those who appear most willing to assume responsibility.  A simple discussion to identify and share tasks with others who want to and are able to take on more tasks can make delegating a 'piece of cake'.
 
Other balancing tips can include taking real vacations.  It's okay to take time off, for multiple days, to refresh and regroup every now and then.  Also, consider inviting more life into your life.  Bringing live plants into your workspace can encourage positive energy in addition to adding more healthy oxygen.  Additionally, take better care of yourself.  Proper nutrition, exercise, and breathing more can help you to successfully better manage stress. 
 
For more worklife balance tips, visit Tips For Improved Balance .

School Is Back In Session - Do You Know Your ABC's?

Many parent-employees may feel the crunch of  'Back-to-School' or have ongoing responsibilities as volunteer mentors, coaches, and school board members.  Managing competing workplace and school demands, however, can create work scheduling nightmares.
 
In many states, California included, there are public policies favoring parent- involvement in children's education. Therefore, laws protecting parents, guardians, and grandparents with custody of primary school-aged children exist to assure that adults can reasonably participate in school activities while protecting the right to return to work.  However there are limitations.

Under California Labor Code section 230.8 called the Family-School Partnership Act, return-to-work protections are afforded to employees who are employed in workplaces where there are 25 or more employees at one location.  Leave from work for parent-involvement cannot exceed more than one 8-hour period, per calendar month.  Parents and guardians seeking time off must give reasonable notice prior to taking time off.  And a maximum of 40 hours, per year may be used for leave of this type.  To learn more, read the Family-School Partnership Brochure.   We at MMC wish all parents and guardians a very happy and fruitful 2008-2009 school year!

Exiting A Medical Practice - What Is The Proper Protocol? 

Change is always a factor in the workplaces and more often than not, employees will transition in and out of a workplace.  No longer is it uncommon for employees to enjoy several work experiences with multiple employers in a career life.  Balancing competing interests, business, and workplace politics with those transitions can be challenging.  Key to transition, however, is diplomacy and consideration for how others are  impacted by an exit from a workplace.
 
For physician-employees, exiting a workplace carries unique considerations. How to manage physician-patient relationships or managed care arrangements can be inherently stressful.  The checklist below is intended to address some of the more unique concerns that medical practices should consider when a physician-employee exits.

• Review all employment agreements, offers, or contracts signed by the parties before and during an employment relationship.  Complying with required notices and obligations is key to avoiding litigation land mines. 
• Are there any buy-in/buy-out requirements with regard to maintaining patients or affiliations? A violation of these agreements could result in litigation. 
• Are there rights to equipment that need to be clarified prior to the exit? Before any equipment that a practice depends on is removed, consulting with parties is key to resolving potential disputes.
• Who will pay for malpractice tail insurance?  While many employment agreements consider this issue beforehand, if it isn't clear, this is a matter for discussion prior to the exit.
• How will profit sharing or retirement funds be handled?  Many times interests such as these can be transferred to another plan but, again, this is a matter that should be discussed prior to the exit. 
• If a shareholder/partner is exiting, will the details of a buy-out be addressed in a written agreement? Consulting with an attorney may be the best option in these circumstances.
• Clarify the status of participating physicians in a managed care arrangement.  This step will help to avoid confusion over whose patients belong to who.
• Finally, instructions on how to direct future inquiries and referrals should be in writing.  In addition to changing contact information with professional societies, specialty boards, state licensing boards, malpractice carriers, an exiting physician should communicate how former patients and vendors should contact that physician at his or her new place of business.

Transition can be exciting.  With planning and consideration, good working relationships with past and future employers can flourish and grow.

Workplace Law Update: Noncompete Agreements Are Typically Not Enforceable

In line with prior decisions, the California Supreme Court affirmed its holding in Edwards v. Arthur Anderson that, under most circumstances, a non-compete agreement will not be enforceable.  This is because California has a well established public policy prohibiting noncompete restrictions.  The Edwards opinion also held that an employee cannot waive or release rights seeking protection by a former employer from legal liability arising out of the employee's work for a former employer.

The Court's August 7, 2008 ruling emphasizes that no matter how artfully prepared, employment agreements which unreasonably restrict an employee from being able to obtain gainful employment and/or to practice a profession by requiring the employee to avoid working in a certain area, prohibiting the employee from working for a competitor, or prevent the employee from serving past clients will not be enforced under California law.  Moreover, separation agreements which include waivers and releases seeking similar post-employment protections will also not be enforced.    

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