Health Care

Those who believe employment law and employee relations issues in health care are no different than other industries do not understand the 24/7, patient-driven nature of these complex, fast-paced and highly regulated workplaces. The nationally recognized labor and employment attorneys in Constangy’s Health Care Practice Group understand the unique challenges presented in this environment. Health care professionals and administrators make life and death decisions every day and must have absolute confidence that the counsel they receive regarding employment issues will allow them to fulfill their missions. 

What Sets Us Apart

In recognition of the unique duty and responsibility of outside counsel for health care decision-makers, our attorneys take great pride in providing advice and representation that is grounded in three key principles:

• Knowledge: Our advice, counsel and representation will be accurate and complete and based on in-depth and comprehensive knowledge of the health care workplace and applicable employment laws, rules and regulations.  We make sure our clients understand the law and the options, challenges, risks and rewards presented with each unique set of facts.
• Responsiveness: We understand that the best advice is only effective if it is timely received and implemented.  Issues in health care workplaces do not just arise Monday-Friday from 9 to 5.  Our team is “on-call” and responsive to ensure that timely advice and assistance is available.
• Partnership: The complex employment issues in health care rarely have simple or easy solutions.  We listen and partner with the health care clients we work with to fully understand their culture and the particular challenges they face.  Then and only then, we work cooperatively as part of the team to develop the best legal and practical solutions possible for their workplace.

What We Do

Our clients are representative of the national scope or our practice and reflect the widely-varying nature of the health care workplaces. This includes:

• Large health care systems operating in multiple cities and states
• Specialty-hospitals, surgical centers and rehab facilities
• Physician practice groups
• Skilled-nursing facilities
• Adult Congregate Living Facilities
• Private, non-profit and public community-based hospitals

Like the various disciplines and specialties within health care, the attorneys in our health care Practice Group focus their practices on different areas to ensure all aspects of the employment relationship are fully and completely covered.  We utilize a collaborative approach to counsel and represent our health care clients on all workplace matters including:

• Labor Relations/Union Avoidance Consulting
• Employment Discrimination/Harassment
• Counseling and Litigation
• Wage and Hour Compliance
• OSHA Compliance
• Immigration
• Federal and State Affirmative Action Compliance
• Employee Benefits Programs
• Non-Competition and Employment Agreements

Our Industry Associations and Partnerships

Our firm and the attorneys in the health care Practice Group are members of and/or regularly attend, speak and contribute to various health care organizations and associations. This includes, for example: American Society of Health Care Human Resources Administration (ASHHRA), the Children’s Hospital Association, and other state and local associations.  This helps us give back to the industry and, at the same time, learn and remain in touch with the changes and challenges our clients face. 

Representative Matters

• Represented a large hospital system against a class action filed by the Service Employees International Union (SEIU) and approximately 4,000 putative plaintiff nurses alleging retaliation and constitutional claims related to a union organizing drive
• Represented health care company in statewide Fair Labor Standards Act collective action involving opt-in plaintiffs who allege they were misclassified as exempt and were owed overtime pay
• Represented health care company in statewide Rule 23 putative class action regarding allegations of unpaid vacation time
• Represented health care company in nationwide Fair Labor Standards Act collective action involving over 1,000 opt-in plaintiffs who allege they were misclassified as exempt and were owed overtime
• Represented national owner and operator of cancer treatment facilities in California-wide wage and hour class action relating to a claim of improper unpaid meal breaks and related wage and hour allegations
• Represented Boston child-specialty hospital wage and hour class action relating to a claim of improper unpaid meal breaks and related wage and hour allegations
• Defeated a union organizing effort among professional staff at a large hospital system
• Successfully defended a whistleblower suit against a hospital in which the plaintiff dismissed her suit for no money before trial
• Guided a large health care organization through a major reorganization
• Obtained dismissal, through a Rule 12(b)(6) motion to dismiss, of plaintiff’s Title VII, ADA, and ADEA challenging medical school’s decision not to rehire him into residency program
• Obtained summary judgment of plaintiff’s ADA constructive discharge claim, and negotiated favorable settlement of plaintiff’s ADA failure to accommodate claim, in case involving a Spanish medical interpreter with a hearing disability
• Obtained dismissal, through Rule 12(b)(6) motion to dismiss, of plaintiff’s ADA retaliation claim for failing to exhaust administrative remedies before the EEOC, in case involving a hospital rescinding an offer letter due to the plaintiff’s color blindness
• Retained by ancillary services company as lead counsel after certification of national class. Worked with 5 other law firms as lead and coordinating counsel and managed all litigation strategy, execution, and board and CEO communications for publicly traded company
• Represented publicly traded ancillary services company in case involving misclassification of managers and coordinated cases from Indiana and North Carolina
• Represented assisted living facility in class action regarding allegations of meal period and off the clock violations
• Represented publicly traded ancillary services company in case involving misclassification of managers
• Represented national health care staffing services provider in a class action involving wage statements for traveling nurses
•  Represented large health care company in statewide class action regarding allegations of race discrimination
• Represented large health care company regarding class overtime allegations
• Represented national health care staffing services company in action regarding alleged failure to include all compensation in regular rate calculation
• Successfully defended Hospital in 13 count age discrimination jury trial, obtaining directed verdict on 4 counts and defense verdict on remaining 9 counts
• Obtained summary judgment for skilled nursing facility in lawsuit alleging race, national origin and age discrimination
• Obtained summary judgment on behalf of a hospital and several of its directors in a multi-plaintiff race discrimination and retaliation case
• On behalf of a hospital-client, obtained summary judgment in a disability and Family and Medical Leave Act litigation
• Obtained an early dismissal of an unpaid overtime claim on behalf of a nursing care facility that was properly utilizing the “8 and 80” overtime system

Multimedia

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