top of page

    Health (Human Resources, Labor and Employment)

 

  • Drafted and negotiated contracts and agreements related to employment and labor such as at-will employment agreements, collective bargaining agreements, confidentiality agreements, consultant agreements, ex-patriot agreements, fixed-term appointment letters, non-disclosure agreements, non-compete agreements, executive compensation, open-ended employment letters and project labor agreements.

​

  • Confidentially negotiated and managed the successful resolution of employee grievances regarding claims of unfair termination, sexual harassment, work place hazards (such as asbestos and PCBs), discrimination, PTO, compensation and other typical issues prior to Equal Employment Opportunity Commission (EEOC) hearings or litigation. 

​

  • Advised key personnel to identify potential legal risks regarding employee relations, hiring, compensation, discipline, performance, union practices, planned reductions in force (RIFs) and termination issues. 

​

  • Performed audits to verify the compliance of corporate policies with statutes and regulatory agency guidelines regarding affirmative action, equal employment opportunity, minority participation, fair wages and other policies specified in various agencies, laws, rules and regulations including the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Commission on Human Rights and Opportunities (CHRO), Coordination of Benefits (COB), Consolidated Omnibus Budget Reconciliation Act (COBRA), Department Of Labor (DOL), Equal Employment Opportunity Act (EEO), Equal Pay Act (EPA), Employee Retirement Security Income Act (ERISA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Health Insurance Portability and Accountability Act (HIPAA), National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), Office of Federal Contract Compliance Programs (OFCCP), Older Workers Benefit Protection Act (OWBPA), Taft-Hartley Multi-Employer Pension Plans, Title VII, Worker Adjustment and Retraining Notification Act (WARN) and the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (TUPE).

​

  • Consultation and management regarding strategy and resolution of employment practice liability (EPL) claims.

 

  • Experience with executive compensation, such as Internal Revenue Code sections 162(m), 280G, 409A, 83, and 457A.

 

  • Consultation regarding the design of equity compensation arrangements, including qualified and nonqualified stock options, stock appreciation rights (SARs), profits interests, and restricted stock agreements.

 

  • Familiarity with the evolving rules and best practices under the Dodd-Frank Act and "say on pay".

 

  • Authored corporate human resources handbooks. 

 

  •  Conducted training for clients on a variety of labor and employment related topics.

 

  • Provided training of HR professionals with respect to labor relations.

 

  • Conducted employment law compliance due diligence of potential company to be acquired and worked closely with HR to integrate acquired company employees according to applicable employment laws.

 

  • Provides risk management and other general advice management and business partners regarding EPL matters. 

 

  • Drives strategy, execution and management of outside counsel on EPL litigation and related matters.

 

  • Collaborates with insurance carriers and outside counsel to efficiently manage all aspects of EPL matters, staffing, litigation strategy, budgets, work product, discovery and developing initiatives for reducing outside counsel spend.

 

  • Provides periodic reporting on EPL litigation results, budgets, forecasts, exposure analysis and litigation strategies.

 

  • Management of internal and external lawyer teams and analysts engaged in risk management work, litigation and third-party subpoena compliance, coordinating activities, internally and externally, including advocacy and strategy for litigated and investigative matters and remediation efforts, discovery initiatives and related disclosures.

 

  • Teams with HR to implement employment policies and practices, and extensive experience with external vendors.

 

  • Authors and edits employment-related documents and corporate policies.

 

  • Experience with claims, including pre-litigation dispute resolution, management of active litigation, responsibility for discovery and other litigation requests and procedures, review of pleadings and other court documents, the receipt of subpoenas and other information requests and inquiries from third parties.

 

  • Provides employment counseling on a wide array of HR and business initiatives, practices and policies that have employee implications, such as hiring, performance management, employee relations, internal investigations, disability, ADA, FMLA and HIPAA matters, terminations, restructuring, contractor issues, workers compensation, wage and hour, unemployment and immigration.

 

  • Drafts position statements for EEOC cases, state human rights administrative agency hearings, the DOL and various other administrative agencies.

 

  • Representation as required before federal, state and local agencies.

 

  • Supports employment litigation by outside counsel, including oversight of budgets.

 

  • Review and negotiate employment-related provisions in employment and commercial contracts.

 

  • Drafts and supports employment law and investigative training procedures to ensure proactive and ongoing compliance with all applicable laws and regulations for employees.

 

  • Consultation on health and welfare benefits to ensure ongoing compliance with ERISA and HIPAA, and to align with health and welfare plan best practices.

 

  • Ensures compliance with and timely reporting for the Affordable Care Act, and EEO-1 Reporting.

 

  • Maintains current knowledge of other related government rules and regulations, including ADA, COBRA, ERISA, FLSA, FMLA, HIPAA and other applicable labor laws and regulations, and fulfills compliance and reporting requirements.

 

  • Ensures all HR files and records are maintained and preserved in accordance with established company policies and state and federal regulations.

 

  • Drafted and negotiated individual and collective employment agreements with physicians and practice groups.

 

  • Promotes a culture of compliance throughout the organization by embedding compliance practices into everyday workflows whenever possible.

 

  • Monitors all operational and corporate risk management activities, including of state-specific wage compliance, union relations and other employment law compliance.

 

  • Representation of individual or multiple clients on matters such as civil rights, discrimination, due process terminations, employment-related tort claims, enforcement and defense against covenants not to compete, family and medical leave, FLSA, retaliatory termination, sexual harassment, trade secret issues, whistleblower actions, wrongful termination and other lawsuits.

 

  • Representation of clients before the EEOC and certain government administrative bodies, at university hearings, in arbitration, at trial and on appeal.

 

  • Activities to litigate and resolve client matters including conducting depositions, conducting evidentiary investigations, consulting with clients, drafting and responding to motions, drafting pleadings, drafting and responding to discovery, gathering evidence, interviewing witnesses, participating in oral arguments at hearings, researching and writing appellate briefs, and settlement negotiations.

 

  • Negotiated and analyzed management and employee benefits packages and advised key personnel regarding Essential Health Benefits (EHBs), Qualified Health Plans (QHPs), Medical Loss Ratio (MLR), Health Plan Identifiers (HPIDs), Other Entity Identifiers (OEIDs), Health Plan and Other Entity Enumeration System (HPOEES) and other related issues.

 

  • Conducted regular privacy assessments to ensure compliance with the company's HR privacy policies and protocols.

 

  • Drafted, negotiated and administered contracts, employee handbooks, corporate policies and agreements (at-will employment, collective bargaining, confidentiality, consultant, ex-patriot, fixed-term appointment, non-disclosure, non-compete, executive compensation, open-ended employment letters and project labor).

 

  • Drafted, implemented, administered corporate policies and training regarding ethics, affirmative action, medical staff corrective actions, sexual harassment, substance abuse, employee relations, peer review and discrimination.

 

  • Managed the legal aspects of labor negotiation efforts, working closely with executive management and corporate human resource professionals in the development and implementation of negotiation strategy.

 

 

  • Performed legal research and authored online content regarding HR, labor and employment issues for a major legal information content provider.

 

  • Experience with employee stock ownership plan (ESOP) transactions.

 

  • Experience with structuring executive compensation packages, multi-employer plan withdrawal liability, qualified defined benefit plans.

 

  • Retirement plan work, 401(k) plans, cash balance, governmental plans, traditional defined benefit plans, tax-exempt.

 

  • Consultation regarding employee benefits, such as executive compensation programs, health and welfare plans, and retirement plans, for both private and public businesses. 

 

  • Consultation regarding compliance with benefit laws, implications to benefit plans, and how to take the necessary steps to remain in compliance

 

  • Consultation regarding executive compensation, such as Incentive stock options, non-qualified deferred compensation plans and arrangements, non-statutory stock options.

​

Last updated 210509_1440

bottom of page