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Please see our Labor and Employment Practices page as well.

Our Labor & Employment team is proactive, focusing on resolving workplace issues before they become problems. We tailor the goals of every consultation with an eye toward minimizing the risks of litigation and future exposure. Our overarching objective is to help our clients avoid battles down the road.

In addition to providing practical, cost-effective advice, we also serve as a resource for clients when they need referrals to human resources consulting firms or immigration lawyers.

Our clients include global companies, regional businesses and local start-ups from industries including transportation, health care, technology, retail, manufacturing, financial services, nonprofit and insurance. Our attorneys often serve as outside general labor and employment counsel to both domestic and foreign-based businesses.

We provide counseling in the following areas:

Accommodations for disability, pregnancy and religious needs

Schnader attorneys are well-versed in the rights of employers and employees and can assist in creating documentation of the interactive process and other communications in order to comply with federal, state and local requirements.

Affirmative Action / OFCCP Compliance

We assist federal contractors across the United States with affirmative action compliance, including the preparation, management and defense of affirmative action programs. Services in this area include:

  • Preparation of affirmative action plans;
  • Advice on federal contractor compliance;
  • Training on the above issues; and
  • Representation during OFCCP audits.

Discipline and Discharge

We work closely with clients to satisfy all obligations under federal, state and local laws regarding discipline and discharge issues. We also draft and implement plans for reductions in force (RIFs) and plant closings subject to the Worker Adjustment and Retraining Notification Act (WARN).

Discrimination & Harassment

With discrimination claims on the rise, equal employment policies and practices are coming under increased scrutiny. We counsel clients on compliance with federal, state and local equal employment opportunity laws with an eye toward avoiding litigation. To this end, we perform disparate impact analyses, provide employment practice audits and conduct training programs for human resources professionals. We also have substantial experience defending employers against discrimination, harassment and retaliation claims in court and before agencies including the EEOC and Pennsylvania Human Relations Commission.

Employment Practices Audits

Audits are a simple way to evaluate compliance with employment laws and address issues before they become problems. We provide audits for overall employment practices, as well as specific issues such as wage and hour, health and safety, pay equity and disability accommodation.

ERISA & Employee Benefits

We assist clients with both ERISA and non-ERISA drafting, planning and counseling. We also advise on multiemployer pension plans.

Executive Employment Agreements & Compensation

We negotiate and draft executive employment contracts, severance agreements and retirement incentive plans. We also provide strategic advice on mitigation of litigation risk through adoption of proactive policies and practices at the executive and management levels, as well as for the general workforce.

Human Resources Counseling

As a sounding board for human resources managers and in-house counsel, we provide immediate advice on emerging, day-to-day issues in the workplace. Most often these issues are related to discipline and termination. We also field questions on topics such sexual harassment and gender bias as these issues arise.

International Employment Law

Our cross-border practice involves counseling domestic and foreign-based multinational businesses on compliance with employment, labor and data protection law requirements of nations in which they do or seek to do business. Services include:

  • Preparation of employment agreements for inbound executives and outbound expatriates;
  • Counseling on employment law aspects of mergers and acquisitions that cross borders;
  • Counseling on compliance with the European Union Data Protection Directive, including development of contracts, internal policies and procedures and training and other materials required to remain compliant; and
  • Coordination and development of global employment policies and project management on the implementation of those policies.

Investigations

On behalf of employers, we conduct independent workplace investigations on the following topics:

  • Sexual, racial and religious harassment, gender discrimination and retaliation;
  • Whistleblower allegations;
  • Executive misconduct and financial improprieties;
  • Title IX compliance for colleges and universities; and
  • Workplace violence.

Labor Management Relations & Union Avoidance

We provide management-side counseling on all issues relating to labor relations. These include:

  • Collective bargaining agreement negotiations, contract administration and grievances;
  • Picketing, lockouts, demonstrations, handbilling and strikes;
  • Preparation and implementation of strike contingency plans;
  • Union representation elections and charges of unfair labor practices;
  • Employer relocations, downsizings, restructurings and mergers and acquisitions in a unionized environment;
  • Union organizational attempts and campaigns; and
  • Strategies to remain union-free.

We also handle arbitration and National Labor Relations Board proceedings including unfair labor practice charges and union representation elections, as well as appeals of arbitration and NLRB decisions.

Managing Leaves of Absence

Schnader attorneys frequently counsel employers regarding accommodation issues. Services include: reviewing leave, attendance and accommodation policies and procedures for compliance with federal, state and local laws; providing advice on individual leave and accommodation questions; and providing training for human resources personnel on these issues.

Pay Equity

As awareness of pay inequality rises, pay practices are coming under increased examination. We help clients make their pay practices, policies and procedures fully compliant with all applicable laws. We also help identify where pay disparities exist in order to make adjustments and limit exposure. In addition, we provide training on best practices to achieve pay equity.

Policies & Handbooks

Our work in this area starts with understanding the company’s culture and values. With this in mind, we help employers implement new procedures, revise handbooks and create codes of conduct. We also provide advice regarding the drafting, implementing and updating of human resources policies.

Unfair Competition & Trade Secrets

We develop and implement strategies to protect employers against corporate raiding and employment practices that amount to unfair competition. We also safeguard our clients’ trade secrets. When necessary, we enforce non-compete and confidentiality agreements, prosecute claims of theft of confidential information and trade secrets and secure injunctions where breaches of non-compete agreements have occurred.

Wage & Hour

We counsel clients on all types of wage and hour issues, including: worker classification as independent contractors or employees; classification of employees as exempt or non-exempt and proper overtime calculations; executive compensation; and recordkeeping requirements. In addition, we regularly defend employers against wage and hour lawsuits, including class and collective actions and claims of misclassification.

Workplace Health & Safety

Our attorneys assist employers with all aspects of workplace health and safety. We review health and safety policies; assist with the establishment of health and safety programs; conduct audits; respond to agency inquiries; and review compliance under OSHA and develop compliance strategies. We also defend employees and governmental agencies against whistleblower claims in court when necessary.

Workplace Privacy & Data Security

We counsel clients in a wide range of industries on privacy issues. Our services include:

  • Preparing privacy policies, terms of use and terms and conditions for our U.S. and European clients;
  • Counseling clients on bring your own device policies and social media issues;
  • Performing data security assessments;
  • Counseling clients on data breach response and notification requirements;
  • Advising clients on data protection requirements of the United States, the European Union, Canada and Mexico; and
  • Reviewing employer background check processes for compliance with federal, state and local laws.

Workplace Training

We conduct training for management and employees to promote best practices and minimize potential liability. Topics include:

  • Workplace discrimination and harassment;
  • Discipline/discharge issues;
  • Privacy laws;
  • Background checks;
  • Wage-and-hour issues; and
  • For our higher education clients: faculty grievances, FERPA, Campus SAVE Act and protecting youth on campus.

Our Attorneys

Karen Baillie

Karen Baillie

412-577-5118

Pittsburgh, PA

kbaillie@schnader.com

 412-577-5118 Pittsburgh, PA
Samantha Banks

Samantha Banks

215-751-2287

Philadelphia, PA Cherry Hill, NJ

sbanks@schnader.com

 215-751-2287 Philadelphia, PA Cherry Hill, NJ
Lisa M. Brauner

Lisa M. Brauner

212-973-8170

New York, NY

lbrauner@schnader.com

 212-973-8170 New York, NY
M. Christine Carty

M. Christine Carty

212-973-8012

New York, NY

ccarty@schnader.com

 212-973-8012 New York, NY
Stephen H. Dye

Stephen H. Dye

415-364-6713

San Francisco, CA

sdye@schnader.com

 415-364-6713 San Francisco, CA
Megan E. Harmon

Megan E. Harmon

412-577-5209

Pittsburgh, PA

mharmon@schnader.com

 412-577-5209 Pittsburgh, PA
Anne E. Kane

Anne E. Kane

215-751-2397

Philadelphia, PA

akane@schnader.com

 215-751-2397 Philadelphia, PA
Hon. Timothy K. Lewis

Hon. Timothy K. Lewis

412-577-5290

Pittsburgh, PA Philadelphia, PA Washington, DC

tlewis@schnader.com

 412-577-5290 Pittsburgh, PA Philadelphia, PA Washington, DC
Polly Phillippi

Polly Phillippi

856-482-5725

Cherry Hill, NJ

pphillippi@schnader.com

 856-482-5725 Cherry Hill, NJ
Deena Jo Schneider

Deena Jo Schneider

215-751-2166

Philadelphia, PA

dschneider@schnader.com

 215-751-2166 Philadelphia, PA
Samuel W. Silver

Samuel W. Silver

215-751-2309

Philadelphia, PA

ssilver@schnader.com

 215-751-2309 Philadelphia, PA
Christine M. Wechsler

Christine M. Wechsler

215-751-2188

Philadelphia, PA

cwechsler@schnader.com

 215-751-2188 Philadelphia, PA
Scott J. Wenner

Scott J. Wenner

212-973-8115

New York, NY San Francisco, CA

swenner@schnader.com

 212-973-8115 New York, NY San Francisco, CA
Michael J. Wietrzychowski

Michael J. Wietrzychowski

856-482-5723

Cherry Hill, NJ Philadelphia, PA

mwietrzychowski@schnader.com

 856-482-5723 Cherry Hill, NJ Philadelphia, PA

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The Higher Calling Of The Law Requires...

Inclusion. When Pennsylvania Attorney General William Schnader left politics and sought to return to private practice in Philadelphia, he discovered that no major Philadelphia law firms would hire his protégé, Bernard Segal, a Jewish attorney. In response, in 1935, William Schnader, Bernard Segal and Francis Lewis formed a new law firm, Schnader & Lewis -- the first religiously integrated law firm in Philadelphia.

Innovation. Because Schnader was religiously integrated from its founding, many local clients in the Philadelphia area would not retain the firm in the 1930s and 1940s. Accordingly, the firm sought to represent larger, national companies.

Vision. Firm founder William Schnader was president of the National Conference of Commissioners on Uniform State Laws, which drafted and developed the Uniform Commercial Code. He successfully campaigned for the Code's adoption in 49 states.

The pursuit of freedom. At the request of President Truman, firm founder Earl Harrison, as Commissioner of the Immigration and Naturalization Service, toured displaced persons camps at the end of World War II and recommended to the President that displaced persons in Europe be permitted to resettle in Palestine. His report was a major factor that led to American support for the establishment of Israel.

The pursuit of justice. Firm founder Earl Harrison testified on behalf of an African-American student denied entry to the University of Texas School of Law because of his race. The case challenged the "separate but equal" doctrine, as applied to state law schools and laid the foundation for Brown v. Board of Education. The Supreme Court eventually overturned the lower courts' decisions and ordered the University of Texas to admit qualified black applicants.

Courage. Firm founder Bernard Segal convinced the Philadelphia bar to defend nine accused Communists pro bono. The defendants were convicted but their cases were thrown out on appeal. As a result, the Justice Department abandoned Smith Act prosecutions across the country.

The pursuit of justice. When George Wallace threatened to block integration of the University of Alabama, Schnader’s Bernard Segal drafted a statement in opposition. He and Jerome Shestack called lawyers all over the country requesting their support. The statement was published in the Birmingham News with 53 prominent lawyer signatories and provided support for President Kennedy's Executive Order federalizing the Alabama National Guard.

The pursuit of justice. In the wake of George Wallace's efforts to impede the integration of the University of Alabama, and at the urging of Schnader’s Bernard Segal, President Kennedy convened 244 lawyers at the White House to ask them to move the battle for civil rights and racial equality to the courts. The Lawyers’ Committee for Civil Rights Under Law was born and Jerome Shestack became its full-time executive director while continuing to practice at Schnader.

Inclusion. Firm founder Bernard Segal was chair of the ABA’s Committee on the Federal Judiciary. He advocated the appointment of federal judges of all genders and races.

Inclusion. Firm founder Bernard Segal was the first Jewish person to serve as Chancellor of the Philadelphia Bar Association. He encouraged the bar into public service and expanded its racial horizons.

Inclusion. Schnader was one of the first major Philadelphia firms to hire a female attorney.

Diversity. Schnader was a founding member of the Philadelphia Diversity Law Group, which aims to increase the number of diverse attorneys in-house and in private practice.

Vision. Firm Chairman David Smith co-founded the Philadelphia Bar Foundation’s Board Observer Program with Norm Weinstein of Galfand Berger, LLP. The program provides young attorneys with the opportunity to serve on nonprofit boards, where they can develop the leadership skills necessary for board membership, and increase the diversity of nonprofit boards.

Inclusion. The firm appointed Albert Dandridge as Chief Diversity Officer and charged him with increasing and developing our bench of diverse attorneys.

Service. The firm adopted Caton Village (now closed), a halfway house for women in Philadelphia, where we provided free legal clinics and social and educational activities for its residents.

Service. Schnader lawyers regularly represent undocumented children who were abused or abandoned by their parents. We help these children obtain guardians, stop removal proceedings, and begin the path to citizenship.

Service. As U.S. veterans waited an average of four years for a ruling on the denial of their disability benefits, Schnader attorneys led a campaign advocating for a solution to address the backlog.

The pursuit of justice. Schnader attorneys represented Guantanamo Bay detainees, advocating for fair treatment and due process against a byzantine legal landscape.

Service. With a nonprofit partner, Schnader attorneys and staff designed and taught a pilot life skills seminar for young adults aging out of the foster care system. The program included lessons on securing vital documents, opening a bank account, looking for jobs and going to an interview.

Service. Schnader attorneys help middle school students in Pittsburgh set up a youth court, prepare for mock trials and draft a bill of rights for their school. The students learn about Constitutional law, advocacy and restorative justice from participating in these programs.

Service. Bernard Segal, a founder of the firm, believed that Schnader's hallmark is its "dedication to the higher calling of the law," which he defined as "the lawyer's obligation to assume an active role in the pursuit of a just and ordered society, in helping to solve the emerging problems of social, economic and political importance, and to serve the public as his or her client, as she or he would serve a full-paying client."

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