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Tom O'Day

Tom O'Day

Partner
Overview

Tom advises and represents employers through sophisticated labor and employment matters, with a particular focus on the healthcare and education sectors.

Tom provides measured counsel to hospitals, physician groups, health systems and individual providers regarding complex employment and medical staff matters. Clients value Tom’s experience and practical guidance on day-to-day operations, growing business and navigating what can feel like the volatility of litigation. Tom assists employers with a full range of human resource issues, including:

  • Employment and severance agreements
  • Independent practitioner contracting
  • Peer review matters
  • Noncompete agreements
  • Proactive compliance
  • Policy handbooks
  • Medical reporting obligations
  • Healthcare Quality Improvement Act (HCQIA)
  • Discrimination, harassment and wage claims

Tom understands that proactive compliance is often the best and most cost-efficient defense, and works closely with clients to write policy, provide training, and meet or exceed regulatory benchmarks. He monitors legal trends in the healthcare industry and strategizes with clients on how best to grow a business in tandem with changing regulations. When investigation or litigation occurs, he’s a fierce advocate for clients, helping them to resolve issues with minimum interruptions to daily operations while implementing best practices to avoid future litigation.

Industries

Services

Recognition

  • The Best Lawyers in America®
    • Employment Law - Individuals, 2024 and 2025
    • Employment Law - Management, 2025

Education

  • J.D., University of Wisconsin Law School
  • M.S., University of Wisconsin-Madison
    • Education Policy and Leadership Analysis
  • B.S., University of Wisconsin-Madison
    • Political Science
    • Phi Beta Kappa

Admissions

  • Wisconsin
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • Illinois

Professional Memberships and Certifications

  • American Health Law Association (AHLA), Labor & Employment Practice Group
  • American Society for Health Care Human Resources Administration (ASHHRA)
  • Illinois State Bar Association (ISBA)
  • Labor Relations Certificate, University of Wisconsin–Milwaukee, School of Continuing Education
  • Society for Human Resource Management
  • Society for Human Resource Management, Greater Madison Area
  • Society for Human Resource Management, Metro Milwaukee
  • State Bar of Wisconsin, Labor & Employment Law Section, Director
  • Wisconsin Healthcare Human Resources Administration (WisHHRA)
  • Wisconsin Manufacturers & Commerce (WMC), Human Resources Committee
  • Wisconsin Medical Society Foundation, Board Member
2024 Pro Bono Contributor
Experience
  • Advises a large Catholic archdiocese on varied sensitive employment issues including disputes over employment contract terms, improvements to policy language to protect religious liberties and guidance on sensitive employee relations issues.
  • Works with a statewide association of religious and independent schools regarding employment and policy matters important to the independence and operational needs of educational institutions.
  • Negotiated professional services agreements on behalf of hospital-based physician group and multi-specialty physician group.
  • Advised health care system regarding Fair Credit Reporting Act (FCRA) and conviction record claims from potential medical staff candidate.
  • Represented health care system client in Service Employees International Union (SEIU)-Health Care Workers (HCW) negotiations and prepared for labor contract expirations.
  • Assisted health care system client with workforce reduction.
  • Defended health care system against health care whistleblower claim.
  • Represented physician group in multi-year contract negotiations with health care system.
Legal Updates | June 21, 2023
EEOC Casts New Focus on Construction Industry
Blog | November 29, 2021
CMS Interim Final Rule Enjoined
News Releases | January 13, 2020
Husch Blackwell Lands Two Healthcare Groups in Wisconsin

“That two prominent groups of lawyers from two different firms see the same potential and opportunity at Husch Blackwell speaks volumes about our firm’s commitment to Madison and the larger Wisconsin market,” said Paul Eberle, Husch Blackwell’s Chief Executive.

Outside the Office

Tom’s hours outside of the office are all about family.

His favorite titles are “Dad” and “Coach.” He enjoys spending time with his wife, Renee, and their kids, and relishes everything Madison and Wisconsin have to offer.

Community Leadership
  • Down Syndrome Association of Wisconsin, Past Board President
  • University of Wisconsin, Carbone Cancer Center, Emerging Leadership Board
  • American Cancer Society, Associate Board of Ambassadors
  • Edgewood High School of the Sacred Heart Athletic Committee
  • Edgewood Crusader Youth Athletics, Program Director