Human Resources Management Commons^™

Dentistry And The Law: There Will Be No Ban On Covenants Not To Compete, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The Federal Trade Commission (FTC) voted on September 5, 2025, to accept a federal court ruling that it had exceeded its authority in proposing a ban on covenants not to compete (CNTCs), ending two-and-a-half years of speculation. Consequently, the enforceability of CNTCs will primarily be determined by Michigan statutory and common law. Guidelines for drafting enforceable CNTCs include setting a reasonable term, typically two years or less for employees, though purchase agreements may allow up to five years. The restricted geographic territory must be limited to what is necessary to protect the practice’s current patient population, such as a 10-mile …

News You Need: How Many Of These Ada/Mda Practice Resources Are You Using?

The Journal of the Michigan Dental Association

This October, MDA offers updates and resources including support for human resources, ongoing education, and professional tools. Michigan was selected for the Medicaid Oral Health Workforce Implementation Learning Series to enhance access to care. The MDA launched HERM-E, an AI-powered digital assistant providing 24/7 access to resources and quick answers. Supporting chairside advocacy for community water fluoridation, the News reports that a national survey indicates 81% of Americans support or are neutral about water fluoridation. Applications are now open for the 2026 MDA LEAD Program, and nominations are being accepted for MDA awards and leadership positions. The News column further …

J Mich Dent Assoc October 2025

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADACommons. The October 2025 (Volume 107, No. 10) issue of the Journal is published in a digital-only format to provide updates and insights for Michigan's oral health community and MDA members. Print editions will resume in November. The October issue highlights the critical importance of advocacy through the MDA Dental Political Action Committee (PAC) and provides practical, management-focused information …

Staff Matters: Maintaining Empathy And Respect When Performance Issues Occur, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

In her monthly column, human resource expert Jodi Schafer provides guidance on managing employee performance issues and terminations with empathy and respect. She highlights that a practice's reputation is influenced by how it treats people, especially during difficult moments. Strategies include early intervention—documenting specific incidents and giving timely feedback instead of waiting until frustration builds. Leaders should foster open dialogue to offer support, such as training refreshers, before resorting to discipline. Difficult conversations should be held in private with honesty and compassion. If termination is necessary, leaders should "exit with grace," clearly explaining final steps and making a neutral announcement …

Dentistry And The Law: We Forgot To Renew Our Employment Agreement —Now What?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This Q&A addresses the legal implications when a fixed-term dental employment agreement expires without formal renewal. MDA Legal Counsel explains that if the employee continues working under the same conditions, an oral employment agreement is implicitly formed, retaining the original terms but becoming terminable without cause by either party at any time. A key consequence is that any post-termination provisions, such as a covenant not to compete, begin their restricted period countdown from the original agreement's expiration date, regardless of continued employment. The article advises that it's generally more practical for employment agreements to simply state that the term continues …

J Mich Dent Assoc September 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists.

The September issue marks the return to a hybrid publishing schedule, with print issues published bimonthly in January, March, May, July, September, and November, and online-only digital issues in February, April, June, August, October, and December. This return to print follows a suspension in May due to association-wide financial issues, with the MDA Board of Trustees approving changes in the 2025 budget to …

Staff Matters: Can I Google Someone Before I Decide To Hire Them?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This Q&A addresses the practice of using Google searches to vet job applicants, cautioning that while it provides public information, it can also inadvertently reveal protected classifications (e.g., religious beliefs, race, age), making hiring decisions based on such information illegal and discriminatory. The article advises conducting internet searches after a screening interview to first establish a candidate's qualifications, which provides a defensible rationale for hiring choices. It is crucial to obtain a signed release from the applicant before conducting any background checks to ensure compliance with laws like the Fair Credit Reporting Act. The author also notes that requiring access …

Dean’S Report: U-M School Of Dentistry - Celebrating A 150-Year Tradition Of Excellence — And Planning For The Future

The Journal of the Michigan Dental Association

This report commemorates the 150th anniversary of the University of Michigan School of Dentistry, founded in 1875 largely due to the lobbying efforts of the Michigan Dental Association (MDA). It details the leadership of its first dean, Dr. Jonathan Taft, who established high professional standards that shaped the institution's commitment to excellence. The school boasts over 12,000 DDS graduates and 3,460 dental hygiene graduates, emphasizing its continuous role in advancing dentistry through innovation, research, and patient care, from early textbook development to modern digital tools like CBCTs and CAD-CAM technology. The incoming DDS Class of 2029 marks a milestone with …

J Mich Dent Assoc August 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The August issue marks the end of digital only publishing, as the MDA announced it will provide members a bimonthly print issue along with monthly digital distribution. This issue includes:

• A cover feature on the impact on the dental community of the recently adopted Big Beautiful Bill federal budget
• Mandibular Lingual Concavity Evaluation Using CBCT
• A reprinted clinical feature from New York on …

Mda Services: Endorsed Programs News

The Journal of the Michigan Dental Association

Throughh MDA Services, the Michigan Dental Association (MDA) has announced several endorsed programs aimed at supporting dental practices across Michigan: Compass Dental Gas Service is now endorsed by the MDA for its expertise in installing, maintaining, and repairing dental gas systems. Members benefit from exclusive discounts and safety compliance support. MEDVA Virtual Staffing offers HIPAA-compliant, human virtual assistants to handle administrative tasks remotely. This service helps reduce labor costs and allows in-office staff to focus on patient care. MDA Health Plan sponsors are reminded to submit overdue eligibility verification documents, which are essential for compliance and 2026 renewal preparations. DBS …

Moving Drives You Crazy, Michelle C. Dziurgot

The Journal of the Michigan Dental Association

The Editor-in-Chief shares her frustrating experience moving a dental office. Key challenges included dental insurances dropping the practice from networks during recredentialing, causing denied claims for 30-60 days despite no changes to tax ID or NPI. State regulations also required new payments for radiation tubes, rather than crediting previous payments, despite a reduction in equipment. Furthermore, dental supply companies and movers did not take responsibility for broken equipment during the move. Despite these "insane and archaic" hurdles, most patients transitioned, and the article concludes with a comprehensive resource list for practice address changes

J Mich Dent Assoc July 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 5,800 members. It stands as the primary publication reaching Michigan dentists. The all-digital July issue features Dr. Michele Tulak-Gorecki’s "It’s Time to Dare Greatly at the ADA," where she outlines her vision for ADA president-elect, focusing on financial integrity, strengthened advocacy, and fostering unity amidst challenges like declining membership and issues with the association management system.

Supporting articles highlight the MDA’s endorsement of MEDVA, offering cost-effective, HIPAA-compliant virtual assistant solutions for dental practices to …

Mda At Your Service: Does The Mda Have A Source For Free Labor Law Posters?, Rachel Sinacola Dds

The Journal of the Michigan Dental Association

This "Q&A" section addresses common MDA member inquiries. It confirms that MDA members receive free labor law posters and automatic updates directly from the association. The MDA also offers affiliate memberships for dentists moving out-of-state but retaining Michigan ties, preserving benefits like discounted CE. Information is provided on the Certified Dental Business Professional (CDBP) program, which offers affordable staff certification over three years. The next Mission of Mercy is scheduled for June 11-14, 2026, in Kalamazoo. Finally, the article notes the discontinuation of the MDA Fee Survey due to antitrust changes, and directs members to the ADA/MDA Code of Ethics …

Dentistry And The Law: What Ever Happened To The Ban On Covenants Not To Compete?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

The Federal Trade Commission's (FTC) rule banning most employee non-competition agreements remains held up, despite a scheduled September 2024 effective date, due to ongoing court challenges with conflicting decisions. Recent changes at the FTC, including the appointment of a new chair (Andrew Ferguson) who previously opposed the ban, suggest a potential reversal or non-enforcement by the current Trump administration. While motions have been filed to hold appeals in abeyance, the FTC's formation of a new Joint Labor Task Force complicates the outlook, indicating continued focus on antitrust issues in the labor market. A clear outcome or timeline for the ban …

Mda Services: Cut Costs, Not Care: Solving Your Staffing Challenges With Medva, Reva Darling

The Journal of the Michigan Dental Association

The MDA has endorsed MEDVA, a virtual assistant staffing solution, to help members improve operational efficiency and reduce administrative burdens in dental practices. MEDVA provides experienced, HIPAA-compliant, non-clinical human professionals for tasks such as appointment scheduling, insurance verification, and billing. This partnership aims to address high turnover and rising overhead by offering cost-effective staffing solutions. MDA members receive special benefits, including a discounted hourly rate of $9.75, which is significantly lower than average Michigan rates for similar in-person roles. MEDVA’s service includes access to trained virtual assistants, proprietary technology, and a client success team

Staff Matters: I Need To Fire Someone. Help!, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Terminating an employee is a challenging and risky decision for "at will" employers in Michigan. This article provides best practices, starting with assessing legal risks like discrimination claims. It emphasizes the importance of documenting performance issues, feedback, and training provided, as well as adhering to employee handbook policies. Consideration should be given to offering severance packages, which may include pay in lieu of notice or a larger sum with a legal separation agreement. For the termination meeting, plan brief talking points, have a second person present, choose a quiet time, and ensure retrieval of practice property and removal of system …

J Mich Dent Assoc June 2025

The Journal of the Michigan Dental Association

The Journal of the Michigan Dental Association is the leading monthly digital publication serving Michigan’s oral health community and the MDA’s 6,200+ members. Distributed globally through the searchable ADA Commons publishing platform, it is the primary channel for news, clinical insights, and professional resources for Michigan dentists.

June Issue Highlights:

• Cover Feature: An in-depth report on the MDA’s advocacy efforts beyond insurance reimbursement, highlighting recent legislative wins and member services that support practice profitability and success.
• Workforce Well-being: A special feature on the stages of stress and burnout, with strategies and resources to support mental health and resilience.
• Compliance Update: …

Mda At Your Service: Questions About Dental Insurance Participation, Kristin Johnson Dds

The Journal of the Michigan Dental Association

This article by the MDA membership Chair Kristin Johnson and the Michigan Dental Association (MDA) Department on Membership addresses common questions from dental professionals. It highlights the MDA's endorsement of PPO Negotiation Solutions to help members maximize profitability through insurance network participation and fee negotiation.

The MDA also provides guidance on hiring associates and their network participation, emphasizing the importance of understanding patient base and practice goals. Furthermore, the document outlines the MDA's resources for patient inquiries on water fluoridation, including talking points and online materials. Information on MIOSHA regulations and compliance within dental practices is also available through the …

Dentistry And The Law: What Causes A Lara Investigation?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This "Dentistry and the Law" column by MDA Legal Counsel Dan Schulte addresses the process by which the Michigan Department of Licensing and Regulatory Affairs (LARA) initiates investigations against dental professionals. He explains that most investigations begin with a filed allegation, which can come from various sources, including patients, ex-employees, insurers, and other dentists.

LARA is required to review all allegations and generally needs authorization from the Board of Dentistry to proceed with an investigation, unless immediate jeopardy exists or the licensee has a history of substantiated allegations or significant malpractice settlements. The column highlights that LARA may possess more …

J Mich Dent Assoc May 2025

The Journal of the Michigan Dental Association

The Journal of the Michigan Dental Association is published digitally each month through ADA Commons, reaching 166 countries and accumulating over 35,800 downloads. This extensive reach provides news, information, and features about Michigan dentistry, our state's oral health community, and the MDA's 6,200+ members. It serves as the main publication for connecting with Michigan dentists.

The May issue features:

• An informative interview with Dr. Cheri Newman, the MDA’s new president.
• A feature article from Delta Dental on the utilization of dental services pre- and post-COVID-19 and how the continuing decline in the utilization of restorative services may impact plan design. …

Staff Matters: Understanding And Implementing The Earned Sick Time Act, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This month’s "Staff Matters" column provides a summary of the recent amendments to the Earned Sick Time Act (ESTA) in Michigan, which brought significant changes just as the original effective date approached. It clarifies the effective dates for different employer sizes, with small employers (10 or fewer employees) having an extended deadline of October 1, 2025. The article outlines key changes related to structuring time banks, policy revisions, and required employee notifications. It also mentions free resources and tools available through HRM Services and a revised MDA Staff Matters® Sample Employee Handbook to aid in ESTA compliance.

The New Professional: Owner Dentist Or Associate? How To Make The Decision, Amrita Patel Dds

The Journal of the Michigan Dental Association

This article compares the career paths of owner dentists and associate dentists, examining autonomy, income potential, work-life balance, and tax advantages. It offers insights into the benefits and challenges of each role, empowering dentists to make informed decisions based on their long-term goals, financial aspirations, and comfort with business management.

J Mich Dent Assoc April 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. The April issue marks the end of an era, as the MDA announced it would discontinue providing a print issue and focus on digital distribution.

This month’s issue includes a cover feature on going non-par, a feature article on pterygoid implant placement and restoration, candidate’s biographical statements, and information on a new membership benefit for health and well-being. Regular departments include the New …

Going Non-Par: What Are Your Options?; With Sidebar: One Dentist’S Experience With Going Non-Par, Alan Laing Dds, Mba, Greg Maxson Dds

The Journal of the Michigan Dental Association

The article discusses the considerations for dental practices contemplating dropping insurance participation (going non-par). It emphasizes the importance of analyzing practice objectives, patient demographics, competition, and financial policies before making this decision. The transition to non-par status can impact patient relationships and requires a strong financial and collection policy. Ultimately, the decision should be based on a thorough understanding of the practice and its goals.

The sidebar presents supplementary content and includes a call for MDA members to share their experiences with non-participation in insurance plans and features Dr. Greg Maxson's personal account of going non-par. Dr. Maxson emphasizes that …

Mda At Your Service: I'M Graduating This Spring - Now What?, Kristin Johnson Dds

The Journal of the Michigan Dental Association

This article provides practical guidance for new dental school graduates on essential next steps, including licensing, insurance selection, employment contracts, and navigating patient disputes. It highlights key Michigan Dental Association (MDA) resources such as contract review, job placement support, and the Peer Review System for resolving patient conflicts. It also promotes Best Card for reducing credit card processing fees, emphasizing benefits for MDA members.

Dentistry And The Law: Yes, Dentists (And The Mda) Are Subject To Antitrust Law, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal article explains how antitrust laws apply to dentists and dental associations. It clarifies that violations occur when competitors agree to activities that unreasonably restrain competition. The article distinguishes between "per se" illegal activities (price-fixing, group boycotts, allocation of territories) and those evaluated under the "rule of reason." Specific examples of prohibited activities include agreements on fees, discount limitations, or refusals to participate with dental plans. Enforcement can come from the DOJ, FTC, state agencies, or private lawsuits, with penalties including imprisonment, fines, and treble damages.

Staff Matters: Diversity As A Value-Add Vs. A Turn-Off, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article explores how dental practices can approach diversity as a value-add rather than a divisive issue. It offers practical recruitment and retention strategies to build diverse, qualified teams. Emphasis is placed on inclusive language, broad candidate sourcing, cultural fit, and open communication to support a workplace where all staff feel valued and engaged.

J Mich Dent Assoc March 2025

The Journal of the Michigan Dental Association

Each month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists. This month’s issue offers an insightful article on general-purpose AI to boost creativity and efficiency in dental practice. Helpful tips on protecting your reputation are provided in an article on Myths, Tips, and Tricks to manage online reviews. Readers then learn that ADA Commons provides much more than access to current and past articles and issues of the Journal of the Michigan Dental …

J Mich Dent Assoc February 2025

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It is the primary publication reaching Michigan dentists. The February issue sets the tone for the MDA’s Annual Meeting, Revving Up Dentistry, this April in Detroit.

A detailed Annual Session Preview is included within the Journal with course listings and activities planned for the four-day event. Regular Departments: News You Need, New Dentist Column, MDA Insurance, Dentistry and the Law, Staff Matters, MDA at your Service, Governmental Affairs, and a Michigan Dental …

J Mich Dent Assoc January 2025

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It is the primary publication reaching Michigan dentists. The January issue sets the tone for February, the observance of Children’s Dental Health Month.

Michigan Academy of Pediatric Dentistry President Jessica Bentoski welcomes readers to this special issue, which features a cover feature on “Approaches to Care for Children with Special Needs in Dental Settings: Desensitization and Teledentistry” and a supporting article on “General Dentists’ Education, Knowledge, Attitudes, and Behavior Concerning the Effects …