Labor & Employment

HDJN knows that healthcare providers today manage a diverse and increasingly complex set of competing issues. Healthcare employers seek to encourage excellent and efficient job performance by management, employees, and independent medical staff members to consider while also complying with a broad array of laws, regulations and accreditation requirements. The ever growing number of new and revised employment and employee benefit laws, such as the Family and Medical Leave Act (“FMLA”), the Americans with Disabilities Act (“ADA”), the Genetic Information Nondiscrimination Act (“GINA), the National Labor Relations Act (“NLRA”), and the Patient Protection and Affordable Care Act (“ACA”), as well as the resurgence of union activity, necessitates that employment issues receive particular attention. Proactive, practical advice on hiring, managing, and discharging employees as well as regular review of employee benefit programs is necessary for a multitude of business and legal reasons.

Labor & Employment Services:

  • Defense of Federal Employment Claims Based on Title VII of the Civil Rights Act of 1964, FMLA, Fair Labor Standards Act, the ADA, OSHA and USERRA
  • Defense of Employment Actions Arising from State Law such as Claims for Defamation, Tortious Interference, and Conspiracy
  • Legal and Strategic Advice on Everyday Issues such as Hiring, Firing and Pay Practices, Drug Testing, Smoking Rules, Issues Involving Contagious Diseases
  • HR Policy and Procedure Development
  • Development and Review of Employment and Independent Contractor Agreements
  • Noncompetition Agreements; Severance Agreements
  • Liability and Compliance Assessment
  • Union-Free Workplace Strategies
  • Health and Welfare Benefit Plans
  • Qualified and Non-Qualified Retirement Plans

HDJN’s attorneys routinely represent clients in federal and state courts and before state and federal regulatory agencies, including the Equal Employment Opportunity Commission, the Department of Labor, and the Occupational Health and Safety Administration. We have successfully defended all types of claims, including those brought against organizations and individuals.

Representative Projects:

  • Successfully defending a healthcare provider in federal court case involving alleged employment discrimination in violation of the Americans with Disabilities Act.
  • Successfully defending an employer in a case involving allegations of conspiracy, defamation, and wrongful discharge.
  • Successfully representing a healthcare provider in obtaining the dismissal of a wrongful discharge suit in state court.
  • Securing the return of unearned compensation from a former employee of a healthcare provider through litigation.
  • Assisting a healthcare provider to determine whether it was required under the Family Medical Leave Act to provide an employee with a new job when the employee’s former job was eliminated.
  • Providing advice to a healthcare provider about the documentation it could request from an employee’s physician under the Americans with Disabilities Act and its obligation to make a reasonable accommodation.
  • Responding on a healthcare provider’s behalf to an EEOC Charge of Discrimination and in a hearing to contest state unemployment benefits sought by an employee who was discharged for cause.
  • Development of comprehensive, updated HR policies, procedures, and handbooks.
  • Successful resolution of allegations of retaliation pursuant to the False Claims Act.

CONTACT:

Kimberly W. Daniel
Kimberly W. Daniel