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Your team is your practice's greatest asset — and, legally, one of its largest sources of risk. Wage-and-hour claims, misclassification and restrictive covenant disputes are among the most common legal problems we see in dental offices. Here is what to review before 2027.
Federal law requires overtime at one-and-a-half times the regular rate for non-exempt employees who work more than 40 hours in a workweek. State that has no separate overtime law; federal rules will govern. The most common dental-office violations are:
Under the 2025 federal tax law, eligible employees may deduct a portion of their overtime pay. Starting with the 2026 tax year, the IRS requires employers to report qualified overtime separately on Form W-2 in Box 12, Code TT. Qualified overtime is generally the half-time premium required by the FLSA, not the full time-and-a-half payment. Overtime is still subject to withholding, and errors require corrected W-2s.
Because your employees can only claim the deduction for amounts you report, expect questions from staff in early 2027. Make sure your payroll provider is ready now.
Paying a salary alone does not make an employee exempt from overtime. The employee must also meet a duties test. Office managers who mainly perform clerical work, and treatment coordinators or lead assistants without real management authority, are often misclassified.
Temp hygienists, associate dentists, and part-time front-desk or marketing help are often paid on a 1099. If the practice sets their hours, supplies the equipment and patients, and directs how they work, they may legally be employees. Misclassification can create back taxes, overtime claims, benefit liability and penalties.
The FTC abandoned its nationwide noncompete ban in September 2025, then immediately sent warning letters to healthcare employers urging them to review their agreements. Several states have restricted healthcare noncompetes as well.
Some states still allow reasonable noncompetes for certain employees, and a post-employment restriction of two years or less is presumed reasonable in duration. But the covenant must fit the employee's role, and broad restrictions on hygienists, assistants or front-office staff are vulnerable. For associate dentists, non-solicitation of patients and staff, confidentiality and buy-in terms are often more important — and more enforceable — than a broad noncompete.
Oberman Law Firm represents dental practices in every aspect of employment law — from drafting associate and staff agreements to defending wage claims and enforcing restrictive covenants.
We can audit your pay practices and classifications, update your employment agreements, and help you enter 2027 with fewer surprises.
Schedule your employer compliance review today. Contact Oberman Law Firm at (770) 886-2400, or visit our office at 327 Dahlonega Street, Suite 401, Cumming, Georgia 30040.
Oberman Law Firm provides this material for informational purposes only. The use of a lawyer is an important decision and should not be based solely upon advertisements.
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