As the health care landscape continues to shift, so do the issues confronting employers in the health care industry.
We created the Health Employment and Labor (HEAL®) strategic industry group, which unites two of the firm’s practices—Health Care and Employment, Labor & Workforce Management—to help health care and life sciences companies address the many challenges they face in the labor, employment, and workforce management area.
Two Practices, One Team
Our Health Care practice has been at the forefront of health care law for the past 50 years, taking the lead in understanding, interpreting, and shaping the issues and regulations that affect health care and life sciences institutions. And our Employment, Labor & Workforce Management practice is a cornerstone of the firm and one of the largest in the United States representing management. Composed of members from these national practices, the HEAL® strategic industry group knows every facet of the employer-employee relationship within the health care and life sciences industries.
Our Diverse Roster of Clients
We serve clients in every sector of the health care and life sciences industries as well as the entities that invest in those sectors. For example, our clients include the following:
- Academic medical centers
- Ambulatory care facilities
- Biotechnology and life sciences firms
- Clinical laboratories
- Drug and device manufacturers
- Health care technology companies
- Health maintenance organizations
- Health plans and other insurers
- Home health care companies
- Hospitals and health systems
- Investment banks and private equity funds focusing on the health care industries
- Medical research institutions
- Pharmaceutical companies
- Physician groups
- Post-acute and long-term care providers
- Skilled nursing facilities
- Suppliers and distributors of health care products
Services to Meet Your Needs
Using our cross-disciplinary legal and regulatory experience and our deep industry knowledge, we provide comprehensive and practical solutions to health care and life sciences employers’ complex workplace and workforce challenges. Our services cover the following areas:
Employment Compliance Counseling
Operating as an extension of a client’s HR and in-house legal teams, we provide day-to-day employment advice and help clients stay compliant with labor and employment laws. We advise on issues relating to, among other things:
- claims of harassment, discrimination, and retaliation
- medical and religious accommodation requests
- leaves of absence
- wage and hour compliance
- employee discipline
- performance and termination
- diversity and affirmative action
- employee handbooks
- employment contracts
- trade secrets, noncompetes, and other restrictive covenants
- Occupational Safety and Health Administration (OSHA) compliance and workplace safety
- privacy and data security
- staffing recruitment and retention, workforce restructuring, staff turnover, early retirements, and burnout in a waning COVID-19 pandemic world
As more states legalize adult-use cannabis, clients seek our advice on cannabis use by employees and workplace drug policies. To mitigate the risk of disputes in the workplace, we structure state-of-the-art compliance and reporting programs, promptly investigate allegations of employee misconduct, and provide training to raise awareness and change behavior. For clients contemplating a merger or acquisition, we perform labor, employment, and health regulatory due diligence reviews and provide post-merger integration advice.
Union organizing activity by nurses and other health care workers is increasing at hospitals and health care institutions across the nation. We offer strategic options to help clients stay union-free and provide counseling on union organizing and corporate campaigns. For clients with unionized workforces, we negotiate collective bargaining agreements, help clients prepare for and manage strikes, and represent clients in unfair labor practice proceedings and decertification cases before the National Labor Relations Board (NLRB) and state agencies. We also prosecute and defend against damages claims by and against labor organizations.
Employer-sponsored benefits programs are crucial to enabling health care and life sciences employers to retain their current workers and recruit new talent. We offer a complete range of services for health care employers relating to the design, implementation, administration, and termination of all types of retirement, executive compensation, and health and welfare benefit plans. We help clients comply with the state and federal requirements governing employee benefits and compensation arrangements and navigate clients through employee benefits and compensation issues in corporate transactions.
Because we have litigated virtually every type of employment dispute, health care clients turn to us to defend them in disability and leave of absence litigation, whistleblower and retaliation actions, and lawsuits concerning allegations of discrimination, harassment, defamation, wage and hour violations, and other employment-related claims. We also represent clients in class and collective actions (including defending complex and high-stakes wage and hour cases), breach of contract disputes, trade secret and noncompete litigation, and Employee Retirement Income Security Act (ERISA) and employee benefits disputes. In addition, we provide representation before local, state, and federal enforcement and regulatory agencies.