Employment and Labor Law

Michelman & Bricker, P.C.
Philadelphia Healthcare Attorneys

Employment and Labor Legal Advice

If you are a large or small employer seeking legal advice and representation before administrative agencies, or in state and federal courts, concerning employment law compliance, labor and union issues, human resource practices, personnel records keeping, policy development and enforcement, discipline, non-competition agreements, insured benefits, pension or other employment related matters, Michelman & Bricker, P.C.can provide you with effective representation and the day to day advice and counsel that can help you to deal with current issues or prevent or avoid potential legal problems.

With offices in Philadelphia, Pennsylvania, Cherry Hill, New Jersey, Longmeadow (Springfield), Massachusetts and San Juan, Puerto Rico, we primarily serve clients along the Eastern Seaboard and within the Caribbean Basin.

Our practice includes counsel for issues involving:

Compliance with Employment Laws

The firm attorneys regularly advise clients in preventive strategies to ensure compliance with labor, employment, wage and hour, occupational health and safety, and discrimination and protected class laws. In this capacity, clients are assisted in maintaining an issue-free workplace. Counsel is also provided on unlawful discrimination, collective bargaining, employment agreements, arbitration, restrictive covenants, maintenance of union-free workplaces, and day-to-day human resource matters, including the hiring, training, managing and discharge of employees. We assist companies in developing proper policies and practices aimed at avoiding costly employment-related litigation. Our attorneys work directly with and support human resources personnel in coping with the myriad of legal issues involved in today’s employment environment, including employment contracts, employment policies, employee handbooks, hiring, discipline, termination, safety, discrimination and wage and hour litigation.

Our Employment practice includes general representation of employers in insured benefits matters, including Employee Retirement Income Security Act (ERISA) issues for Pension, retirement savings plans and welfare plans, deferred compensation arrangements and Consolidated Omnibus Budget Reconciliation Act (COBRA) issues.

Because of the complex and constantly changing federal and state regulations that our clients must meet, we are often required to assist them in dealing with state and federal regulatory and investigative agencies to resolve civil and/or criminal claims relating to safety, payroll, performance and billing practices. These matters require a sophisticated and comprehensive understanding of the underlying employment law issues and the daily workings of small, mid-sized and large employers. Our attorneys have prior experience working in business environments as administrators, managers, human resource and health care professionals, and teachers. They understand the administrative and human resource fields, and can use insight from their own experiences to help clients successfully navigate difficult legal and practical issues.

Some of the employment and labor matters the firm has represented include:

Business and Transactional Matters:

• Prepared employment policies and employee handbook for non-profit hospitals, churches and other agencies.
  
  
• Represented manufacturer in development of recordkeeping system for OSHA compliance.
  
  
• Represented physicians and other employees in employment contract negotiations with hospital employers and other health care organizations.
  
  
• Represented physician in the negotiation and purchase of an existing pediatrics practice, and in drafting employment contracts and buy-in agreements for other physicians.
  
  
• Represented medical practices in negotiations with billing and collections services.
  
  
• Represented dental practice in federal income tax investigations.
  
  
• Represented physicians with physical and mental health issues in long term disability claims against insurance companies.

Compliance And Medicare Fraud:

• Represented Manufacturing firm in settling OSHA administrative civil penalties claims for willful and repeated violations of safety standards for industrial equipment, and implemented corrective actions to protect employees and mitigate violations of OSHA regulations.
  
  
• Represented podiatrist in civil litigation over Medicare false claims allegations, and negotiated a settlement by using a peer-reviewed study to challenge HGSA’s analysis of billing practices. Negotiated an integrity agreement with HHS Inspector General’s Office in order to assure continued compliance with Medicare regulations..
  
  
• Assisted medical practice in establishing medical records program to comply with Medicare and Medicaid regulations.

Administrative Agencies:

• Represented employers in appeal hearings before agency hearing officers for Unemployment Compensation, Worker’s Compensation, PHRC, EEOC, OSHA and NLRB issues.
  
  
• Represented employers and employees in state and federal cases involving employment and benefits issues.
  
  
• Represented physician employee in age and sex discrimination actions before internal board and in EEOC mediation.

Professional Licensing Disciplinary Actions:

• Represented Licensed Environmental contractors in issues related to abatement and mitigation contracts.

• Represented physician in licensure issue involving the voluntary recovery program of the Pennsylvania Board of Medicine.

• Represented pharmacist in criminal charges and license revocation proceedings arising from alleged diversion of medication from retail pharmacy, which were sent overseas to individuals in need.

• Represented pharmacist in administrative proceeding concerning a prescription error.

• Represented nurse practitioner in administrative proceeding concerning standards of practice.

• Represented registered nurse in disciplinary proceedings before NJ, PA, and DE Licensing Boards arising from criminal conduct unrelated to nursing.

• Represented therapist in administrative licensing proceeding concerning standards of practice.

Insurance Fraud Claims:

• Represented dentists in state criminal Medicaid Fraud investigation into upcoding and other billing practices involving claims submitted to an insurance company.
  
  
• Represented physician in federal criminal insurance fraud investigation, and civil litigation with insurance company over claims that medical services to automobile accident victims.

Commercial Litigation:

• Represented private medical practice in litigation to enforce contracts with physician-employees containing restrictive covenants with non-competition clauses.
  
  
• Represented nursing and home health care providers in breach of contract litigation against franchisee home health care provider.
  
  
• Represented physician and medical practice in successful defense of an age discrimination claim in Massachusetts Commission Against Discrimination administrative hearing and at trial in state court.
  
  

Contact a Philadelphia Pennsylvania health care attorney Today

  Located in Philadelphia, Pennsylvania, the employment/labor, health care, construction, family law, criminal defense, business law, and environmental law attorneys of Michelman & Bricker, P.C., serve clients throughout Montgomery, Delaware, Bucks, Chester, Camden, Bergen, Burlington, Middlesex, and Gloucester counties, including the communities of Doylestown, Harrisburg, Reading, Pottstown, Allentown, Easton, Scranton, Media, Norristown, Camden, Trenton, and Newark. The firm’s lawyers also have offices in Cherry Hill, New Jersey, Longmeadow (Springfield), Massachusetts and San Juan, Puerto Rico, and serve clients along the Eastern Seaboard.