Adam Abrahms and Paul Gomez, Members of the Firm, will co-present “A Bitter Pill to Swallow – Expansion of Joint-Employer Status and Liability in Health Care,” an educational call presented for the American Health Lawyers Association Business Law and Governance Practice Group.
care stakeholders rely heavily upon a wide range of independent contractor
relationships to operate the various facilities and services they provide.
These services range from cleaning and maintenance services to food services
and clerical services to technical services and professional medical services
and beyond. A series of recent developments, including, but not limited to, the
National Labor Relations Board decision in Browning-Ferris
Industries of California, Inc., the expansive administrator’s
interpretation of “employment” by the U.S. Department of Labor (DOL) on July
15, the opinion letter of the U.S. Department of Justice Office of Special
Counsel issued on December 22, and DOL administrator’s interpretation published
on January 20, may result in health care providers (among others) finding
themselves subject to collective bargaining obligations, wage and hour-related
liabilities, and other joint-employer obligations related to the employees of
their respective independent contractors that they had not anticipated.
presentation will explore the material, recent legal developments noted above
in more depth and consider certain typical health care independent contractor
arrangements that may give rise to joint-employer obligations and liabilities.
It will also address options health care providers might reasonably consider to
reduce the potential for joint-employer liability.