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The healthcare-focused team within the Labor and Employment Practice Group is based in our offices across the U.S., aligning with our clients and offering insights into industry-benchmarked best practices throughout every region of the country.

As a national firm, BakerHostetler has the capabilities and resources to handle any type of matter, from labor-organizing campaigns and grievance arbitrations to peer review proceedings and wage and hour compliance issues born out of staffing ratio requirements. Our clients include hospital systems, surgery centers, physicians’ groups, life sciences companies and adult care centers. With our deep knowledge of healthcare operations, we also provide practical day-to-day advice that demonstrates a deep understanding of our clients’ operations.

Prevention Where Possible, Litigation When Necessary

Our team provides daily counseling and negotiates contracts and resolutions of employment issues in every national jurisdiction to help employers avoid employment disputes. Policy revisions, separation negotiations, reduction-in-force planning, project openings and management training are essential elements for preventing unnecessary employment risk and exposure to litigation. Regular audits of wage and hour practices, reviews of noncompetition agreements and immigration documents, and legal support for internal investigations allow our clients to feel secure in matters of legal compliance and the knowledge that their guided direction is consistent with industry best practices. When a claim is filed and litigation is necessary, our team has experience taking aggressive positions on behalf of our clients to secure favorable outcomes before a government agency or in court. Our team also works hand in hand with our clients to handle contentious peer review proceedings.


  • Representing a large regional specialty hospital in a pregnancy discrimination and retaliation matter that intersects with a complex research misconduct investigation into the former employee’s research practices while employed by the hospital, which the former employee claimed was retaliatory.
  • Representing a nonprofit academic medical center on a New York State Department of Labor audit of its payroll practices and working with the New York State Department of Labor to explain how the hospital’s compensation structure for its nurses and physician assistants (which included a guaranteed weekly salary plus additional compensation on an hourly basis) was compliant with New York law and satisfied the salary basis requirement for exempt professional employees under the New York Labor Law.
  • Representing a major managed care health company and one of its affiliated entities in a large class and collective action. The lawsuit alleges the client improperly classified hundreds of care coordinators and care managers, as well as two dozen other job titles, throughout the country as exempt under the Fair Labor Standards Act (FLSA) and applicable state laws.
  • Advising a large healthcare staffing company on all recently enacted or proposed state laws governing such companies and the effect of these laws on its workforce and business practices.
  • Assisted a large healthcare system in obtaining a defense jury verdict in an Americans with Disabilities Act discrimination action brought by the Equal Employment Opportunity Commission.
  • Represented a home healthcare organization and its owners in a U.S. Court of Appeals matter, resulting in a significant published opinion that is a paradigm-shifting victory for employers. The case involved the evidence and legal standards courts are required to consider in the context of a multiplaintiff wage and hour collective action under the FLSA – one of the most burdensome and expensive lawsuits facing employers.

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