Healthcare employment is shaped by rules that do not apply in most workplaces. Compensation must fit within the Stark Law and the Anti-Kickback Statute. Terminations can lead to peer review, a National Practitioner Data Bank report or a referral to a licensing board. Staffing and supervision rules limit how employers can deploy their workforce. MDRXLaw handles employment matters with those rules in view, for professionals and for the organizations that employ them.

Who We Represent

Professionals: physicians, nurses and nurse practitioners, physician assistants, pharmacists, therapists, laboratory personnel and healthcare executives, in contract negotiations, terminations, non-competes, compensation disputes, and peer review and licensing matters.

Employers: medical practices, pharmacies, home care agencies, clinics, laboratories, long-term care facilities and other healthcare businesses, in all of the above and in the defense of whistleblower, retaliation, discrimination and wage-hour claims.

Contracts, Compensation and Non-Competes

  • Reviewing and negotiating employment, independent contractor, medical director and executive agreements.

  • Structuring productivity, bonus and incentive compensation so it is consistent with fraud and abuse rules.

  • Terminations, without-cause notice, tail coverage and disputes over unpaid compensation under the employment agreement.

  • Enforcing and challenging non-compete and non-solicitation provisions, which several of our states now restrict for healthcare professionals. See non-compete and restrictive covenant enforcement.

Peer Review, Privileges and Licensing

  • Representing clinicians in peer review investigations, fair hearings and credentialing decisions under medical staff bylaws.

  • Advising on National Practitioner Data Bank reporting, including resignations while under investigation.

  • Coordinating the employment matter with any board referral or licensing proceeding. See professional license defense.

Defending Whistleblower, Retaliation and Discrimination Claims

Healthcare employers face claims under laws that specifically protect workers who raise patient safety, billing or compliance concerns, including New York Labor Law §§ 740 and 741, New Jersey's Conscientious Employee Protection Act and the anti-retaliation provision of the federal False Claims Act. We defend practices, pharmacies, agencies and facilities against these claims, and against discrimination and wrongful termination claims, in agency proceedings, arbitration and court. We also help employers handle internal complaints and terminations in a way that reduces the risk of a claim.

Wage-Hour and Workforce Compliance for Employers

  • Overtime, shift pay and independent contractor classification for clinical and support staff.

  • Staffing, supervision and scope-of-practice rules that shape how employers assign work.

  • Handbooks, policies and training, and defense of wage claims and Department of Labor investigations.

Related Pages

Physicians should also see physician employment disputes. Employers drafting agreements should see employment and executive agreements.

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