Counseling with respect to hospital / physician relationships in matters such as employed and non-employed physician medical staffing privileges (credentialing, performance, fair hearing proceedings, etc.) hospital/medical staff governance, physician peer review, hospital/physician joint-employment issues and physician partnership agreements; trade secret protection and restrictive covenant counseling, including advising on non-competition and other pre- and post-employment agreements and related protective instruments.

Labor Relations
Restrictive Covenants, Trade Secrets and Unfair Competition

Advising clients across all provider levels to address issues associated with talent cultivation and tech-driven HR efforts, including mitigating joint employer risk in connection with their subcontractors and temporary staff such as emergency department physicians and anesthesia service arrangements, dining and environmental services contractors, and travelers and other temporary staff arrangements, including locum tenens.

Immigration
Labor Relations

Advice on the factors that are continuing to re-shape the industry, including the increased union organizing efforts among healthcare professionals, notably physicians and residents; increased union activity in non-physician space; and evolving trends such as staffing committee legislation and its particular impact on unionized environments.

EngageMD® 
Labor Relations

Additional related labor advice includes pay equity/transparency issues; employee benefits and immigration tools as part of the solution to labor demands; and comprehensive workforce considerations arising during mergers and acquisitions, including the acquisition of physician practices

Employee Benefits
Pay Equity
Transactional Services 

End-to end solutions for meeting the complex data privacy and security demands of state and federal compliance for cloud computing (FedRAMP, GovRAMP [StateRAMP], CMMC) concerns as well as more traditional HIPAA/HITECH/state law compliance, including risk assessments, policy drafting, training, data breach response and Office for Civil Rights investigations.

Privacy, Data and Cybersecurity

Advising on evolving state + federal OSHA and other guideline compliance in the healthcare workplace, including enforcement initiatives such as the National Emphasis Program targeting nursing homes and long-term care facilities, with a key focus on ergonomics, tuberculosis and blood-borne pathogens; protocols for handling hazardous materials; infection control, and preventing workplace violence from patients and between employees.

Workplace Safety and Health

Representing clients before federal and state courts and government agencies in all types of employment litigation, including class and collective actions, as well as single-plaintiff cases, including whistleblower and FCA claims; defending against wrongful termination, discrimination, harassment and retaliation, and wage and hour claims; defending privacy claims arising out of the use of employee biometric information; handling matters before the NLRB; prosecuting and defending lawsuits involving post-employment non-competition and non-solicitation agreements, employee raiding claims, unfair competition claims and other employment-related business torts.

Employment Litigation
Trials and Appeals

Designing and delivering practical risk assessments, training and reporting systems for complying with federal and state regulations and guidelines. Emphasis on:

• Preventative training across the workforce, especially at the intersection of HR and professionalism committees.
• Navigating ADA, GINA and FMLA challenges by assisting employers in managing them as employment law compliance issues rather than medical conditions to be diagnosed and treated by care-provider colleagues.
• Academic medical center-specific issues, including Titel IX compliance and ACGME obligations through the employment lens.

Accommodations
Affirmative Action, OFCCP and Government Contract Compliance 
National Compliance and Multi-State Solutions