1. Veterinary Practice Law Quiz J EFFREY L. R OTH FEES & BURGESS, P.C. 213 Green Street Huntsville, Alabama 35801 Telephone 256.539.0095  Facsimile 256.536.4440 www.feesburgess.com © 2009 Fees & Burgess, P.C.

2. These materials should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only. Anyone needing specific legal advice should consult an attorney.

3. Veterinary Practice Law Quiz True or False? If I pay one of the employees of my practice a weekly salary, I do not have to pay the employee overtime. False. You have to analyze what the employee does to determine if they fit into one of the administrative, professional, or other exemptions under the Fair Labor Standards Act. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

4. Veterinary Practice Law Quiz True or False? My practice only employs 13 people. As such, I am not subject to the discrimination provisions of Title VII of the 1964 Civil Rights Act regarding race, religion, national origin, and sex. True. The threshold is 15 employees, but you must look back to the previous year also in that determination. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

5. Veterinary Practice Law Quiz True or False If a client does not pay its bill relating to the provision of medical services to a patient at a small animal clinic, the practice may refuse to return the patient to its owner until payment is received. True. Alabama law specifies such a possessory lien in favor of veterinarians (Alabama Code section 35-11- 390). “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

6. Veterinary Practice Law Quiz True or False? Every veterinary practice employer must have on file a federal government I-9 form that contains information regarding the employee's identity and eligibility to legally work in the United States. True. Knowingly employing a person not eligible to be employed in the United States is a criminal violation and the Obama administration has instructed the U.S. Immigration and Customs Enforcement (ICE) to seek and prosecute more employers for this violation as result of internal agency memo published in April 2009. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

7. Veterinary Practice Law Quiz True or False? Massage therapy cannot be provided in the same premises where veterinary medical services are provided. False. Weird, but okay. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

8. Veterinary Practice Law Quiz True or False? Covenants not to compete between a buying and selling veterinarian in the sales agreement for the sale of a practice are not enforceable because they are against public policy. True. Alabama Code section 8-1-1 applies this rule and court decisions indicate that the sale of business exception in that statute does not apply to "professionals" such as veterinarians. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

9. Veterinary Practice Law Quiz True or False? If two employees complain about wages and working conditions to a veterinary practice office manager and the practice disciplines or fires them as result of the conversations, that practice has violated the Wagner Act regarding formation and protection of unions. True. Such complaints made contemporaneously by more than one employee are "concerted activity" under the Wagner Act and retaliating against such employees for such activity violates federal law. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

10. Veterinary Practice Law Quiz True or False? Employers in Alabama, including veterinary practices, may only randomly test employees for illegal use of drugs if there is reasonable cause or suspicion to do so. False. There is no Alabama statute that prohibits random drug testing of employees. However, such testing must be done in such a way not to invade employee privacy, or done on a discriminatory basis. The former might violate state law, and the latter might violate federal law. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

11. Veterinary Practice Law Quiz True or False? Effective May 1, 2009, veterinary practices must comply with Federal Trade Commission "Red Flag” rules related to identity theft, and must have a written program to demonstrate compliance. False. The date for compliance is August 1, 2009. Otherwise, the statement above is true. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

12. Veterinary Practice Law Quiz True or False? The owner of the premises that boards or trains animals may retain such an animal until the owner pays its bill, and may sell the animal to pay the bill upon proper notice. True. Such a possessory lien is provided for in Alabama Code section 35-11-71, and the sale of the animal to enforce such a lien is found in Alabama Code section 35-11-70 (b). “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

13. Veterinary Practice Law Quiz True or False? Veterinarians and other parties registered as dispensers of controlled substances may not employ as an agent or an employee who has access to controlled substances any person convicted of any offense relating to controlled substances. False. The conviction must be a felony for this prohibition on employment to apply [21 CFR 1301.76(a)]. “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”

14. Veterinary Practice Law Quiz True or False? Any veterinarian who permits a veterinary technician to work and perform the duties of a licensed technician in his or her office without having been issued a license, or permits any licensed veterinary technician working in a veterinary office without a license is guilty of a misdemeanor. True. Alabama Code section 34-29-94(l) “No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.”