A psychiatrist's battle with his former employers over employment classification and workplace safety during the COVID-19 pandemic has reached a critical juncture. On August 6, 2024, Clifford R. Feldman filed a complaint against Aurora Las Encinas, LLC in the Superior Court of Los Angeles County, marking another chapter in a contentious legal saga.
Clifford R. Feldman, who worked for Aurora Las Encinas from 2014 until May 31, 2020, claims he was wrongfully terminated for refusing to remove personal protective equipment during the pandemic and for whistleblowing on workplace safety issues. Filed under the Private Attorney’s General Act (PAGA), Feldman's lawsuit alleges that his former employers misclassified him and other physicians as independent contractors rather than employees. This misclassification, according to Feldman, allowed the defendants to sidestep various wage and hour laws. "Defendants controlled the manner and means by which I treated my patients," stated Feldman in his fourth amended complaint (FAC), filed in July 2021.
The legal proceedings have been fraught with motions and counter-motions. Early on, defendants' demurrer and motion for summary judgment were denied by the trial court. However, later developments saw the court granting defendants’ motion for judgment on the pleadings. The court ruled that Feldman could not be considered an employee under California's Corporate Practice of Medicine (CPM) doctrine, which prohibits corporations from employing physicians directly. This ruling effectively nullified Feldman's standing to bring forth a PAGA claim.
Despite this setback, Feldman has continued to fight back. He argued that his status as an employee should be determined by common law tests rather than CPM doctrine alone. However, both parties found themselves at an impasse after mediation resolved all but the PAGA claim in December 2021.
Feldman's attempts to amend his complaint further were thwarted when the trial court denied his motions for leave to file a fifth amended complaint (5AC). The court noted that these amendments would not change the fundamental issue: under current law, Feldman could not establish an employment relationship with Aurora Las Encinas due to CPM restrictions.
In their defense, Aurora Las Encinas argued that they had adhered strictly to CPM guidelines by treating Feldman as an independent contractor rather than an employee. They contended that any deviation would have constituted illegal practice of medicine by a corporation.
Ultimately, both parties appealed various aspects of the trial court's decisions. While Feldman's appeal focused on reinstating his PAGA claim by challenging his employment classification under CPM doctrine, Aurora Las Encinas cross-appealed to affirm their victory based on existing legal frameworks.
Representing Clifford R. Feldman is Leonard Henry Sansanowicz from Sansanowicz Law Group while Foley & Lardner’s Christopher Ward and Reuben Raucher & Blum’s Stephen Louis Raucher represent Aurora Las Encinas LLC et al., Judge Michael L. Stern presided over this case identified as B330979 in Los Angeles County Superior Court (Case No: 20STCV24208).