The Soap Opera of Law: Unique Labor and Employment Challenges in Healthcare

Description: 

This session will discuss some of the unique aspects of employment law commonly experienced throughout today’s hospice and palliative care industry.  We will look to hiring considerations such as signing bonuses and other hiring incentives; background checks, specific to the Fair Credit Reporting Act; and managing applicants with arrest/conviction records.  We will also look to the importance of compliance with wage and hour rules such as overtime compensation; classification of independent contractors; joint employment; mandatory overtime; rounding timeclocks; and automatic meal deductions.  Finally, we will look to the relevance and importance of confidentiality and non-solicitation agreements with employees.

Objectives:

• Learn best hiring practices.
• Identify common wage and hour compliance problems in healthcare.
• Confidentiality and Non-Solicitation Agreements with Employees.

More about the Presenter: Tom O'Day, Partner, Husch Blackwell

Tom advises and represents employers through sophisticated labor and employment matters, with a particular focus on the healthcare and education sectors.

Tom provides measured counsel to hospitals, physician groups, health systems and individual providers regarding complex employment and medical staff matters. Clients value Tom’s experience and practical guidance on day-to-day operations, growing business and navigating what can feel like the volatility of litigation. Tom assists employers with a full range of human resource issues, including:

• Employment and severance agreements
• Independent practitioner contracting
• Peer review matters
• Noncompete agreements
• Proactive compliance
• Policy handbooks
• Medical reporting obligations
• Healthcare Quality Improvement Act (HCQIA)
• Discrimination, harassment and wage claims

Tom understands that proactive compliance is often the best and most cost-efficient defense, and works closely with clients to write policy, provide training, and meet or exceed regulatory benchmarks. He monitors legal trends in the healthcare industry and strategizes with clients on how best to grow a business in tandem with changing regulations. When investigation or litigation occurs, he’s a fierce advocate for clients, helping them to resolve issues with minimum interruptions to daily operations while implementing best practices to avoid future litigation.