Employment Attorney for the Healthcare Industry

California Healthcare Industry Employees – Employment Attorneys

Stephen Danz and Associates is a law firm dedicated to representing employees in the healthcare industry. During the recent COVID-19 epidemic, our society truly realized how important the healthcare industry is to our health and safety.  Many employees in healthcare facilities are discriminated against for their age, race, national origin, sex, pregnancy – whether real or perceived.  Therefore, it is critical that anyone facing such acts obtain the services of a competent and aggressive attorney.

Our law firm attorneys and support staff, as well as co-counsel, are a powerful legal team on the healthcare employee’s side.  We even the field when it comes to taking on the large employers and their defense counsels.  California’s healthcare industry should be cherished and safeguarded.  It is as diverse and complex as any other industry.  It is also one of the largest industries in the United States and should be treated as such.  Accordingly, employees who face discrimination, retaliation, harassment, wrongful termination or related employer prohibited activity by a healthcare employer, should seek the help of competent and knowledgeable California employment lawyers with experienced assisting plaintiffs in this industry.  The attorney you trust should have the experience and fortitude to stand against the largest defense firms, and not be concerned about litigation.

Our leadership has practiced law in California for five decades.  Accordingly, the experience, resources, and years of litigation prepared us to fight for your legal rights in California’s state and federal courts.  The team focuses only on employment law and therefore can provide clients with maximum compensation and most favorable results.  This is critical as employment laws constantly change – whether it is the types of charges, defenses, deadlines, or court rules.  Trust our team for its transparency, knowledge and constant communication.   Below, we provide guidance on recent COVID-19 question we got from clients.  Each situation is unique.  Therefore, we encourage you to call us to discuss your case.

Are Health Care Providers Exempted from the new CARES Act?

Yes.  Both the EPSLA and Emergency FMLEA provide that:

  • An employer may exclude certain “health care providers” or “emergency responders” from the emergency sick leave and family leave requirements.
  • The Secretary of Labor has the authority to issue regulations for good cause excluding health care providers or emergency responders from coverage.

The EPSLA expressly adopts the FMLA definition of “health care providers,” which includes licensed doctors of medicine or osteopathy and other persons “capable of providing health care services”. However, for purposes of the health care provider exclusion, the Q&As and DOL Rule define health care provider far more broadly than those medical professionals who perform health care services and are authorized to provide certifications under the FMLA The DOL Rule provides that employers can apply this exclusion to all employees at any:

  • Doctor’s office, hospital, health care center, or clinic.
  • Post-secondary educational institution offering health care instruction.
  • Medical school.
  • Local health department or agency.
  • Nursing facility, retirement facility, or nursing home.
  • Home health care provider.
  • Facility that performs laboratory or medical testing, pharmacy, or similar institution, employer, or entity.
  • Institutions providing similar services on a temporary or permanent basis.

The DOL Rule further extends this exemption to:

  • Employees at any entity that:
  • contracts with any of these institutions “to provide services or to maintain the operation of the facility where that individual’s services support the operation of the facility;” or
  • provides medical services, produces medical products, or is otherwise involved in the making of COVID-19-related medical equipment, tests, drugs, vaccines, diagnostic vehicles, or treatments.
  • Any individual designated by a state’s or territory’s highest official as a health care provider necessary for its COVID-19 response.

An employer may, but is not required to, exclude health care providers and emergency responders from leave eligibility. If an employer does not affirmatively exclude them, then the employer remains subject to all the FFCRA requirements, including the requirement to provide leave. An employer also may exclude an employee from leave eligibility for one reason (for example, child-care leave) but allow it for another reason (for example, the employee’s self-quarantine because the employee is experiencing COVID-19 symptoms). If it provides leave for any FFCRA-covered reason, the employer may claim a tax credit for that leave (subject to applicable caps).