Employment Matters

As a national healthcare and life sciences boutique law firm, Frier Levitt understands that every business, practice, employer, employee, and situation is different. Our work product is not generic; we take a holistic approach to our clients’ individual needs and tailor solutions to their unique circumstances.

Setting Your Practice Up for Success

Opening and maintaining a healthcare practice requires more than providing quality patient care. Employers must be prepared to deal with employee issues and ensure compliance with all federal, state and local regulations. Employers must navigate and comply with a minefield of inter-related labor and employment laws and regulations at every layer of government: federal, state, and even county and municipal. Recent changes in the social fabric of society and the need to respond to the COVID-19 pandemic are quickly finding their way into the workplace and the law books. These unanticipated issues have forced all firms to examine their culture and policies. The COVID-19 pandemic has had an immediate effect on work-from-home policies and technology and privacy issues.

Even the most well-intentioned employer may find itself at the receiving end of a lawsuit, EEOC Charge of Discrimination, or agency investigation. Frier Levitt is at the forefront of this ever-changing area of law and is well-equipped to advise start-ups, established businesses, and everything in between.

Our Healthcare and Life Science Experience

Frier Levitt is a full-service healthcare and life science law firm. Our experience in regulatory, transactional and litigation matters allows us to prepare our clients to practice in a compliant manner, respond to regulatory issues, and engage in litigation avoidance. However, when litigation cannot be avoided, our litigation attorneys prosecute and defend claims with collaboration from our regulatory and transactional departments. For our clients, this means we take a proactive approach to an extensive list of issues affecting their business. For example, we ensure employee handbooks and policies are up to date, negotiate physician and employee agreements, and provide on-site and virtual training in hot topics in employment law, such as sexual harassment, discrimination, and workplace violence discussions. In addition, Frier Levitt may assist with:

  • The hiring process, including ensuring listings are compliant, inappropriate interview questions are avoided, and that hiring decisions are made on a legal basis
  • Handling “employee vs. employee” complaints, including harassment, sexual harassment, workplace violence, and discrimination
  • “Whistleblower” retaliation actions
  • Guidance with performance evaluations
  • Guidance with and handling of layoffs, furloughs, and reductions in force
  • Employee discipline
  • Employee benefit requests, such as sick leave, FMLA leave, maternity leave, and vacation time
  • Employees seeking accommodations for a disability under the Americans with Disabilities Act (ADA), including assistance with the Interactive Process or issues with service animals
  • Workers Compensation matters
  • Differentiating between employees and independent contractors
  • Classifying workers as “exempt” or “non-exempt” under the Fair Labor Standards Act (FLSA)
  • Drafting employment and separation agreements, including restrictive covenants such as non-compete clauses, non-solicitation provisions, arbitration agreements, confidentiality provisions, and intellectual property (IP) rights
  • Internal investigations or referral of an investigation to a neutral third party
  • Technology and IT-related issues, including policies for employer-issued electronics, bring-your-own-device (BYOD) arrangements, and data privacy practices
  • Wellness programs
  • Work from home (WFH) arrangements
  • Issues relating to COVID-19 (Coronavirus)
  • Compliance with state and federal laws and regulations including but not limited to: Age Discrimination In Employment Act (ADEA), Americans with Disabilities Act (ADA), Computer Fraud and Abuse Act (CFAA), Conscientious Employee Protection Act (CEPA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Family Leave Act (FLA), Genetic Information Nondiscrimination Act (GINA), New Jersey Law Against Discrimination (LAD), Occupational Safety and Health Act (OSHA), New Jersey State Wage and Hour Law (NJSWHL) including overtime restrictions for employees of health care facilities

What We Do

As a firm specializing in healthcare and life science, our attorneys come from a variety of backgrounds and experience, including Pharmacists, Nurses, Emergency Responders, Physicians, and Assistant Attorney Generals. Our attorneys collaborate to provide our clients with the best legal guidance, taking into consideration the various regulatory, transactional and litigation views. Sometimes, litigation is unavoidable. Frier Levitt attorneys take the same holistic approach to its clients’ needs in the courtroom. Like a high-stakes game of chess, we capitalize on our adversary’s weaknesses, anticipate their next moves, and adjust our strategy to steer the case in our favor. We work with a purpose, and never simply “churn that bill”. Our goal is a favorable outcome at an excellent value.

Frier Levitt represents clients in a variety of matters, including but not limited to:

  • State court cases in defense of claimed violation of state laws such as Equal Pay Acts, Family Leave Acts, Laws Against Discrimination, state wage and hour laws, state whistleblower laws, and state wrongful termination laws
  • Enforcement of restrictive covenants against former employees, typically by way of Order to Show Cause to obtain a Temporary Restraining Order, Preliminary Injunction, or Permanent Injunction
  • Defense of charges before the Equal Employment Opportunity Commission (EEOC)
  • Assistance with responses to subpoenas, governmental investigations, and pre-litigation discovery

Who We Represent

Frier Levitt represents healthcare and life science clients including:

  • Hospitals
  • Independent medical practices
  • Hospital-based medical practices
  • Ambulatory Surgery Centers
  • Independent Physician Associations (IPAs)
  • Pharmacies
  • Patient Centered Medical Homes (PCMHs)
  • Provider vendors and consultants, such as healthcare data analytics firms, medical device distributors, and pharmaceutical sales organizations

Daniel B. Frier, Esq. and Michelle L. Greenberg, Esq. currently head Frier Levitt’s Employment Law group. Contact us today to speak with one of our attorneys specializing in employment law.