Overview

Attorney Jim Frank solves employment challenges for hospitals and health care providers so that they can remain focused on caring for their patients and keeping their employees safe. Jim draws on 50 years of experience representing employers in litigation concerning all facets of the employment lifecycle.

Hospitals across the state of New York, from the largest academic medical centers to county, suburban, and rural providers, rely on Jim to understand the unique employment issues that can arise in a health care setting. He defends their labor practices—from Family and Medical Leave Act to wage and hour and benefits disputes—in state and federal courts, arbitrations and mediations, and in administrative proceedings before the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the New York State Division of Human Rights.

Jim facilitates outcomes to maintain positive workforce relationships in union and non-union settings. Drawing on his early career experience at the NLRB, he knows employment laws and regulations inside and out. Jim advises executives and HR teams on strategies that promote productivity within a compliant work environment. He leads the negotiation of dozens of collective bargaining agreements each year, often involving the state’s largest nursing unions, without strikes. Jim crafts policies, procedures, and affirmative action plans tailored to each organization that promote diversity and inclusion, avoid discrimination, and maintain appropriate staffing levels in crisis situations. Providers also seek his counsel on ERISA matters, particularly in drafting, negotiating, and defending their pension and health and welfare plans.

Focus Areas

Experience

  • Successfully defended an academic medical center against class action allegations regarding the alleged failure to provide sufficient non-compensated charity care to maintain its tax-exempt status.
  • Successfully defended an action by the U.S. Attorney General for production of patient medical records.
  • Served as the chief negotiator for an academic medical center and for community hospitals in successful renegotiation of collective bargaining agreements with nurses and with support personnel.
  • Successfully defended a federal false claims act qui tam action against a hospital before a federal jury.
  • Successfully defended a nursing home in establishing that charge nurses are supervisors under the National Labor Relations Act.
  • Successfully defended in federal and state courts race, sex, national origin, sexual harassment, disability, and age discrimination cases, employee benefit disputes, federal and state contract compliance matters, and health and safety cases.
  • Successfully defended a corporate client in establishing that ERISA preempts enforcement of the New York State Prevailing Wage Law Supplement provisions.
  • Served as the chief spokesman for a hospital in a negotiation of Pension Protection Act adjustments to a collective bargaining agreement.
  • Successfully defended hospitals in hundreds of union arbitrations.
  • Successfully represented hospitals in NLRB representation and complaint proceedings.

Recognition

Credentials

Education

  • University of Wisconsin (M.A., magna cum laude, 1971)
    • Industrial Relations
  • University of Wisconsin Law School (J.D., 1971)
    • Order of the Coif
  • University of Wisconsin (B.S., 1967)
    • Economics

Bar Admissions

  • District of Columbia
  • New York
  • Wisconsin

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York

Events

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