Practice Areas & Industries: Fisher & Phillips LLP

 





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Practice/Industry Group Overview

The Healthcare Practice serves various healthcare organizations around the country, large and small. Lawyers in the Healthcare Practice regularly counsel and defend hospitals, clinics, medical residency programs, physician groups and practices, home healthcare agencies, hospice programs, nursing homes, assisted and independent living centers and other members of the healthcare community. Our attorneys also assist healthcare employers that want to maintain a union-free environment.

The Healthcare Practice provides cost-effective and practical solutions for the problems that healthcare employers face. The attorneys in this practice are experienced in dealing with issues that affect healthcare employers in a unique way, including Title VII and state laws prohibiting employment discrimination; ADA and FMLA compliance and litigation; wage-and-hour compliance, investigations and litigation; international recruiting and immigration issues; Affirmative Action requirements; liability arising from the actions of third parties; Section 504 Audits; ERISA and HIPAA compliance; the effects of acquisitions and mergers; unfair competition issues; and whistleblower complaints, to name a few.


 
 
Articles Authored by Lawyers at this office:

Is Your Company On Senator Harkins’ Naughty List?
Howard A. Mavity, December 18, 2013
Hopefully you do not need further motivation to maintain an effective workplace safety culture; however, Senator Labor Chair Tom Harkins’ December 11, 2013 Report may serve as additional motivation. In the 4” thick Report, “Acting Responsibly? Federal Contractors Frequently Put...

2014 Flu Update, and Oh, Wash Your $%#! Hands!
Howard A. Mavity, December 16, 2013
Almost 4.1 million employees missed work due to illness last January, which was the most since 2008. Even worse, the four-month peak season lasted through March, so the numbers continued to add up. Some years, absences during that four-month period ran at 3.8 million a month, for a whopping total...

Want To Be A Leader At Work? Look To Nelson Mandela
Howard A. Mavity, December 09, 2013
After 30 years of seeing the worst of the workplace, I have few heroes left. Today, I lost my JFK or MLK. I’ll remember where I was sitting when I learned that the lion who was Nelson Mandela, had roared his last. I choose to believe that’s how he went out. As a lion of a man.

Wash Your *!&# Hands! Employers and the Flu
Howard A. Mavity, December 06, 2013
Almost 4.1 million employees missed work due to illness last January, which was the most since 2008. Even worse, the four-month peak season lasted through March, so the numbers continued to add up. Some years, absences during that four-month period ran at 3.8 million a month, for a whopping total...

Globalizing in Hong Kong
Alice Shelor Wang, December 05, 2013
With dynamic soaring towers, elaborate bright lights, and heart warming traditional customs, Hong Kong’s enigmatic economic and business climate serves as a financial capital for all industries, companies, and firms. Indeed, Hong Kong is a pivotal financial center of Greater Asia! As a former...

Comments by Celia Joseph on November 7, 2013
Alice Shelor Wang, November 29, 2013
With dynamic soaring towers, elaborate bright lights, and heart warming traditional customs, Hong Kong’s enigmatic economic and business climate serves as a financial capital for all industries, companies, and firms. Indeed, Hong Kong is a pivotal financial center of Greater Asia! As a...

Practice Thanksgiving At Work
Howard A. Mavity, November 29, 2013
Although Americans have celebrated some sort of Thanksgiving since 1661, Abraham Lincoln established Thanksgiving as a national holiday by proclamation on November 28, 1861. The Thanksgiving holiday takes on more meaning when one considers that an American people so exhausted by war, nonetheless...

The Movie, Dallas Buyers Club Teaches a Lot About Work and Life
Howard A. Mavity, November 29, 2013
The Dallas Buyers Club, just opened in limited cities, it’s the largely true story of a thoroughly unlikeable hard ass Texas oil worker at the beginning of the 80’s AIDS crisis, who learns that he has full blown AIDS (from wild heterosexual behavior). The movie is amazing. It’s...

Third Degree Murder Charges For Philadelphia Building Collapse
Howard A. Mavity, November 29, 2013
EHS Today just reported that the Philadelphia District Attorney is taking the unusual step of charging two contractors for crimes ranging from multiple murder and manslaughter charges to risking a catastrophe as a result of the fatal collapse of the Philadelphia building last June, that killed 6...

When Is More Leave Not a Reasonable Accommodation?
Howard A. Mavity, November 29, 2013
Cases under the ADA are fact specific. Often it is difficult to find clear cut standards for determining if an employee is qualified to perform the essential functions and if an accommodation is reasonable. In Attiogbe-Tay v. Southeast Rolling Hills LLC, a court concluded that a nurse who returned...

'Tis The Season: Employers And The Flu
Ruth N. Mackey, November 07, 2013
This flu season may be one of the worst in years, but the experts at the Centers for Disease Control and Prevention (CDC) cannot monitor its severity and scope because of the federal government shutdown. Unofficial flu trackers in the U.S. report elevated instances of flu-like illness in some...

Compliance With Child And Forced-Labor Laws
Cheryl L. Behymer,Celia M. Joseph, November 07, 2013
Many countries are uniting for one simple cause: stopping child and forced labor. The U.S. Labor Department (DOL) is committed to stopping child labor and has adopted this as a key platform. On June 13, the World Day Against Child Labor, Carol Pier, Acting Deputy Undersecretary of the Labor...

Facebook: The New Water Cooler - Not The New Vegas
Karen L. Luchka, November 07, 2013
As of June 2013, Facebook, the reigning social-media giant, had 1.15 billion monthly active users who spent an average of 8.3 hours a month on Facebook. During roughly the same period of time, Facebook users "liked" a Facebook posting 4.5 billion times a day and uploaded an average of 350...

How To Manage An OSHA Inspection
Howard A. Mavity, November 07, 2013
Many articles on handling OSHA inspections provide the same basic guidelines and little explanation of why an employer should take certain steps. Readers already know to take photos whenever the Compliance Officer takes shots and to take notes, but do you know "why" to take those photos...

Manitoba’s New Privacy Law Has Implications For Cross-Border Employers
Danielle S. Urban, November 07, 2013
Last month, the Canadian Province of Manitoba enacted privacy legislation governing the collection, use and dissemination of personal information, including employee personal information. With the legislation, Manitoba joins the other Canadian Provinces of Quebec, Alberta, and British Columbia in...

What's An "Individualized Analysis" - And Why Should I Care?
A. Kevin Troutman, November 07, 2013
The Americans with Disabilities Act (ADA) poses ongoing compliance challenges and attracts significant attention from plaintiffs' lawyers and the Equal Employment Opportunity Commission (EEOC). The resulting litigation continues to illustrate that inflexible policies and practices are a recipe for...

Healthcare Reform Update
Tabatha L. George, November 06, 2013
Despite glitches and long wait times, the Health Insurance Marketplace created by the Patient Protection and Affordable Care Act (ACA) came online October 1, 2013, and along with it arrived a new notice obligation for employers. Employers were required to distribute a notice of coverage options to...

Do I Have To Treat My Employees Like Kids? Uh... Sometimes
Howard A. Mavity, October 04, 2013
The question of “do I have to actually make my employees wear PPE” made it all the way to the full Occupational Safety and Health Review Commission (OSHRC) last year.

Companionship-Exemption Regulation To Be Released
Edward N. Boehm, September 23, 2013
Months after its April 2013 target date, the U.S. Labor Department announced this afternoon that it is issuing a Final Rule re-stating the requirements for and limitations upon the "companionship" exemption in the federal Fair Labor Standards Act's Section 13(a)(15). USDOL reportedly will...

All Employers Face October 1st Health Reform Deadline
, September 16, 2013
With the Health Insurance Marketplace created by the Patient Protection and Affordable Care Act (PPACA) set to open its figurative doors for enrollment on October 1, 2013, employers face a new obligation. Nearly all employers must distribute a notice of coverage options to their employees no later...

Court Rejects "Al Capone Defense" To FLSA Violations
Gregory D. Ballew, September 04, 2013
On July 29, a federal appeals court addressed the question of whether the Fair Labor Standards Act’s minimum wage and overtime protections apply to undocumented aliens working illegally for an employer. Drawing on an analogy to the unlawful practices of a lawful immigrant, Al Capone, the U.S....

Former Employee Successfully Disavows FLSA Settlement
Edward N. Boehm, August 20, 2013
The Eleventh Circuit U.S. Court of Appeals (with jurisdiction over Alabama, Florida, and Georgia) recently expanded the court's 1982 ruling in Lynn's Food Stores, Inc. v. U.S. limiting the settlement of claims under the federal Fair Labor Standards Act. Lynn's Foods said that such settlements...

Deadline To Update HIPAA Materials Is September 23, 2013
Callan G. Carter, August 02, 2013
On January 25, 2013, Health and Human Services (HHS), the federal agency in charge of implementing the Health Information Privacy and Accountability Act of 1996 (HIPAA) issued regulations modifying the HIPAA Privacy and Security enforcement rules. These regulations finalized the amendments to HIPAA...

Don't Let Shift Differentials Lead To Costly Litigation
Michelle I. Anderson, August 02, 2013
Shift differentials are common in the healthcare industry. But some employers may not realize that the differential must be calculated into the “regular rate” of pay, which is not exactly the same thing as the hourly rate.

Government Agencies Taking Dim View of Employers' "Bright-Line" Policies
A. Kevin Troutman, August 02, 2013
For years, human resources practitioners have been able to confidently rely on a simple principle when dealing with a variety of tough decisions. That principle is “consistency” in applying company policies, meaning that policies should be clear, objective and evenly-applied.

Make Your No-Harassment Policy Less Sexy
A. Kevin Troutman, August 02, 2013
In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many important opinions in handling these cases. But for both practical and...

NLRB Taking Close Look At Photography Policies
Laurel K. Cornell, August 02, 2013
In February of 2009, a Wisconsin medical center fired several nurses after they electronically posted patient x-rays to their Facebook page, revealing the presence of a potentially embarrassing foreign object. As a result, the local sheriff’s office investigated the medical center and...

Protect Your Key Information - And Your Key Relationships
Michael P. Elkon, August 02, 2013
Decades ago, it was reasonable to imagine that one could work for the same company from the start of one’s career to the end. Think about the world portrayed in Mad Men. Don Draper has mostly worked with the same fictional co-workers - Roger Sterling, Pete Campbell, Joan Harris, Bert...

Top Official Held Personally Liable Under FLSA
Edward N. Boehm, July 24, 2013
A recent decision by the Second Circuit U.S. Court of Appeals (Connecticut, New York, and Vermont) is a reminder that individual business owners and management members can face claims of personal liability for federal Fair Labor Standards Act violations. In Irizarry v. Catsimatidis, the court...

Healthcare Reform and Seasonal Guest Workers
Steven A. Witt, July 08, 2013
any employers are eagerly watching the U.S. Congress as it debates comprehensive immigration reform legislation. However, employers of foreign workers need to be aware of another comprehensive reform already enacted—the Affordable Care Act (“ACA”).

Healthcare Employer "Play or Pay" Mandate Penalties Delayed to 2015
, July 05, 2013
On July 2, 2013, the U.S. Treasury Department issued a statement that enforcement of the employer “play or pay” mandate penalties under the Internal Revenue Code - and therefore the coverage obligations to avoid such penalties - will be delayed one year to 2015. This is a significant...

Social Media And Trade Secrets
Michael P. Elkon, July 05, 2013
Most employers are well aware of the various implications that the social media explosion has on the workplace. The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for input by management-side employment lawyers. Likewise, employers - especially...

Updated Psychiatric Manual May Pose New Challenges for Employers
James J. McDonald, July 05, 2013
Suppose a shy and awkward employee who just performed badly in a customer presentation brings a note from his doctor diagnosing “Social (Pragmatic) Communication Disorder” and asks not to have to meet with customers again as a reasonable accommodation.

Employers With International Operations Must Take Care to Protect Employee Data
Danielle S. Urban, July 02, 2013
When is the last time your company reviewed its data protection policies? If your company employs any international employees, it may have obligations under foreign laws to have specific safeguards in place. Failure to observe a jurisdiction’s data protection laws can result in staff...

Deadline Approaching For Self-Funded Medical Plan Sponsors
, June 24, 2013
Insurers and plan sponsors of self-funded plans, must soon start paying a fee to support the Patient-Centered Outcomes Research Trust. This was established by the Patient Protection and Affordable Care Act; the trust finances the Patient-Centered Outcomes Research Institute (PCORI).

Colorado Family Care Act To Go Into Effect
, June 13, 2013
On May 3, 2013, Colorado Gov. John Hickenlooper signed into law the new Family Care Act (FCA). The law attempts to broaden the qualifying reasons for employee leave under the federal Family and Medical Leave Act (FMLA).

Practical Best Business Practices For Going Global in Chile
Alice Shelor Wang, June 06, 2013
Going global in Chile gives employers the opportunity to hire some of the leading professionals and creative talent in Latin American. The official population of Chile is just under 16,000,000, of which over 51% is female. Chilean economic policy is based on the free market principle, and Chile...

Why Would Employees Tease About Nooses In 2013?
Howard A. Mavity, June 05, 2013
It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960.

End of Companionship Exemption?
Edward N. Boehm, May 06, 2013
In April, the U.S. Labor Department (DOL) is scheduled to announce regulations that will almost certainly increase the cost of employing individuals as home care aides who are considered “companions” under the Fair Labor Standards Act (FLSA). Currently, employers are not required to pay...

"Comp Time" Proposal: Be Careful What You Wish For
Edward N. Boehm, May 03, 2013
The U.S. House of Representatives will consider amending the federal Fair Labor Standards Act to permit private-sector employers to offer compensatory time off in lieu of monetary overtime compensation. The fast-tracked "Working Families Flexibility Act of 2013" (H.R. 1406) was approved...

After The Violence Come The Lawsuits
Edward N. Boehm, May 03, 2013
A lawsuit filed against a business in Minneapolis, Minnesota demonstrates that the problems associated with workplace violence do not necessarily end once the violence stops. Recently, the family of one of six individuals slain at the interior signage company filed a wrongful death lawsuit against...

Facebook Foils FMLA Faker
Karen L. Luchka, May 02, 2013
The legitimate and beneficial purposes of the Family and Medical Leave Act (FMLA) are undeniable. The law provides employees who have a serious health condition, are caring for a family member with a serious health condition, or are undergoing certain major life events such as the birth or adoption...

Healthcare Reform: To Play Or Pay - That Is The Question
Callan G. Carter, May 02, 2013
Probably the most important mandate for employers is the “play or pay” mandate, also known as the employer-shared responsibility, which will require large employers (those with the equivalent of 50 or more full-time employees) to provide adequate and subsidized group health plan...

Workplace Bullying: Will You Know It When You See It?
Michael P. Elkon, May 02, 2013
The media and political figures have paid increased attention to workplace bullying in recent months and years. A simple Google search can confirm this reality. Moreover, legislators in 21 states have introduced bills to address and combat workplace bullying, starting with California in 2003.