Description:
Job DescriptionSummary:The Associate Counsel works independently at law firm mid-to-senior associate level with significant labor, employment and employee benefit experience. Some understanding of health care operations and/or business would be preferred. The Associate Counsel should have knowledge to effectively manage matters arising in areas of law relating to labor, employment, employee benefits and related litigation. Specific areas of required expertise include federal and state employment regulation and anti-discrimination laws; wage and hour laws; occupational injury; the Employee Retirements Income Security Act of 1974 (ERISA), including applicable exemptions; National Labor Relations Board (NLRB) rules and regulations; state non-competition laws; antitrust; litigation, investigations; negotiation and dispute resolution. The counsel must have or develop strong working knowledge of labor and employment laws (including employee benefit laws) as they apply in non-profit and healthcare settings.The Associate Counsel may work with other attorneys in the Legal department on matters relating to clinical peer review involving employees, HIPAA privacy and security regulations, Affirmative Action Plans and self-disclosures and responses to governmental investigations in connection with compliance issues relating to labor and employment matters.The Associate Counsel should demonstrate initiative and be capable of independent thinking, and provide customer service that is timely, professional, and courteous. The Associate Counsel may serve as an initial contact attorney for designated entities. The Associate Counsel must be able to work collaboratively, cooperatively, and in teamwork with members of the Legal Department and other CHRISTUS staff to achieve results.
Responsibilities:
Education/Skills:
Experience:
- Meets expectations of the applicable OneCHRISTUS Competencies: Leader of Self, Leader of Others, or Leader of Leaders.
- Provides day-to-day advice on all aspects of labor and employment law and guidance on complex and sensitive personnel issues.
- In collaboration with the Vice President, General Counsel, Associate General Counsels and other department attorneys within their responsibility areas, provides legal and regulatory advice regarding employment matters.
- Advises on specific areas of law matters related to labor, employment, employee benefits, and commercial contracts and activities.
- Keeps abreast of developments in industry practices and regulatory interpretations, guidance and positions relating to areas of responsibility.
- Identifies and pursues opportunities to determine system-wide approaches to reducing risk and avoidable litigation expenses, and enhancing compliance, in areas of responsibility.
- Periodically advises on or revise provisions of template contracts, forms and other documents pertaining to employment, benefits, and general litigation, consistent with applicable laws, rules, regulations, current industry standards and CHRISTUS standards.
- Defends and manages claims, investigations and proceedings including those involving: the Department of Labor (DOL); Equal Employment Opportunity Commission (EEOC) and comparable state agencies, including preparation of position statements; Office of Federal Contract Compliance Programs (OFCCP); Internal Revenue Service (regarding employee benefit plans); and Occupational Safety and Health Administration.
- Addresses compliance issues relating to labor and employment matters, including conducting or directing internal investigations on employment matters.
- Advises on new laws and regulations applicable to employment practices and related operations that may affect CHRISTUS operations in one or more locations in which it conducts business.
- Advises on matters related to the Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Title VII of the Civil Rights Act, and similar federal and state laws.
- Advises on matters related to compensation and employment benefits, including those involving the Fair Labor Standards Act, ERISA, Church Plan issues; liaisons with outside counsel toward same.
- Advises on patient matters related to Section 1557 of the Affordable Care Act (ACA) and other nondiscrimination laws.
- Develops and presents relevant educational and training programs, including on issues relating to labor and employment law and compliance.
- Manages all phases of claim and dispute resolution for employment law and workers compensation litigation matters, including investigations, negotiations, mediations, and litigation management including use of electronic database(s) and program(s) to manage claims.
- Selects, manages, and collaborates with outside counsel on labor and employment litigation matters.
- Prepares and updates system policies and procedures relating to areas of responsibility.
- Works collaboratively with other CHRISTUS attorneys and leaders to identify and address issues pertaining to compliance with federal and state labor, employment, and employee benefits, and other areas within the System Director's responsibility.
- Serves as an active member of the Legal department, including participation and leadership of departmental initiatives and improvement processes.
- Performs other duties as reasonably assigned by the Vice President Employment and Litigation Counsel and General Counsel.
- Monitors legal and regulatory developments and changes; advises on and prepare summaries for distribution to senior management and affected supervisors.
- Speaks at legal and business seminars, CHRISTUS training and other events on various health care related legal and regulatory matters.
- Builds positive relationships within teams, with client leaders, and with other work teams to achieve results.
- Must be able to travel to facility locations when required.
- Juris Doctor degree required
- Thorough knowledge of all labor and employment laws and regulations
- Excellent fundamental writing and analytical skills
- Excellent interpersonal skills
- Ability to work directly and communicate verbally and in writing with internal clients on multiple complex operations and transactions
- Ability to promptly and efficiently review, analyze and apply large amounts of information pertaining to such operations and transactions
- Ability to communicate with and provide support to VP Associate General Counsels, Human Resources and work as a cooperative team member
Experience:
4+ years in a law firm or in-house setting practicing labor and employment law required
Licenses, Registrations, or Certifications
Unrestricted license to practice law in Texas or Louisiana required (both Texas and Louisiana preferred)
Unrestricted license to practice law in Texas or Louisiana required (both Texas and Louisiana preferred)