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.
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.
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:
- 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.
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.
News & Publications
- SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced
- Trump Administration Appeals District Court Order on Pay Data
- Employers Must Submit 2017 and 2018 Pay Data to EEOC by September 30
- Is Your Business One of the 3,500 Scheduled by DOL for an Affirmative Action Program Audit in 2019?
- No-poach employment provisions – are they still acceptable?
- Tim Lewis Receives CPR’s 2019 Award for Outstanding Contribution to Diversity in ADR
- Less Snap Back After A Quick Snap Removal: Third Circuit Approves Snap Removals Before Forum Defendant Service
- Schnader a Tier One Firm in 2019 “Best Law Firms” Rankings
- Benchmark Litigation Recommends Schnader
- Ninth Circuit Panel Reverses Denial of Uber’s Motion to Compel Arbitration of Misclassification Claims and Upholds Class Action Waiver
- PHRC Clarifies That It Will Accept Allegations of Sex-based Discrimination Based on Sexual Orientation, Transgender Identity, Gender Transition, Gender Identity and/or Gender Expression
- Requiring Public Employees to Pay Union Agency Fees Found Unconstitutional – Potentially Striking A Major Blow To Union Purses And Influence
- No Clear Answers for Employers: Colorado Baker Who Refused to Create Wedding Cake for Same Sex Nuptials Prevails in Supreme Court
- Addressing Romantic Relationships in the Workplace Through a Conflict of Interest Policy
- SCOTUS Holds that Class Action Waivers in Employment Contracts Must be Enforced
- NJ Enacts Equal Pay Law
- NJ Set to Pass Sick Leave Law
- San Francisco Law Would Expand the Bar on Background Checks
- Supreme Court Rules Auto Service Advisors Are Overtime-Exempt
- Sixth Circuit Decision: Title VII Protects Transgender Workers
- 2nd Cir Rules Sexual Orientation Discrimination Covered Under Title VII
- 3d Circuit Clarifies Standard in FCA Retaliation Cases
- New Tax Law Quashes Deduction for Some Sexual Harassment Settlements
- SCOTUS Declines to Hear Sexual Orientation Discrimination Case
- 5 Steps to Prepare Your Company for Workplace Harassment Complaints
- Common Mistakes Employers Make in Handling Complaints of Sexual Harassment
- 7 Tips for Conducting Sexual Harassment Investigations in the Workplace
- When should a business consider terminating an employee accused of sexual harassment?
- Tip-Pooling Expansion on the Horizon
- PA Bill Would Ban Nondisclosure Agreements for Sexual Misconduct
- 3rd Circuit Rules Employers Must Pay for Short Breaks
- Uber Driver Compensation Claims Survive Summary Judgment in EDPA
- Crucial Labor and Employment Issues on the Line in Landmark U.S. Supreme Court Case
- Another Court Finds That Accessibility Rules Apply to Retail Websites
- NJ Appellate Court Tosses Employee Arbitration Agreement
- BREAKING: Pay Data Rules Placed on Hold for EEO-1 Form
- Think Accessibility When Designing Your Webpage and Apps
- DOL Requests Feedback on Overtime Rule
- 3rd Circuit Clarifies Standard in Workplace Harassment Cases
- Notice of Rights of Victims of Domestic Violence Now Required for New Hires in California
- A Look at the EEOC’s Latest Guidance on National Origin
- PA Superior Court Clarifies that Employers May Not Mandate Payroll Cards
- EEOC Settles First Sexual Orientation Discrimination Suit
- Medical Marijuana is Coming to PA: Are you Ready?
- OFCCP Issues Revised Sex Discrimination Rules
- Employers Cannot Shorten Time Frame to Bring Claims Under N.J. LAD
- New York City Commission on Human Rights Publishes Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy
- IRS Hires Enforcement Agents to Support Worker Misclassification Initiatives
- Overtime Exemption Changes Expected Next Week
- Wolf Signs Sexual Orientation Non-Discrimination Orders
- California On Its Way to $15.00 Minimum Wage
- Supreme Court Hands Labor Unions a Reprieve
- NJ Adopts Final Regulations on Criminal Background Inquiries
- Philadelphia’s “Ban the Box” Ordinance Now Applies to All Private Employers
- EEOC Files its First Sexual Orientation Suits Under Title VII
- Amended Regulations for NYC Earned Sick Time Act Imposing New Recordkeeping and Policy Mandates Become Effective March 4
- Non-Competes Must Be Supported By Consideration in Pennsylvania: No Exception Based On Employee’s Agreement To Be Legally Bound
- Pittsburgh Sick Leave Delayed Until At Least March 10, 2016 To Allow Court Challenge
- New Paid Sick Days Act Applies to Pittsburgh Employers
- New NLRB Test for Joint-Employer Status in Labor Contracts May Leave You On the Hook
- Pennsylvania Court Allows Class Action Against Employer Who Used Only Payroll Cards; Holds Payroll Cards Are NOT “lawful money of the United States”
- U.S. Department of Labor Announces Proposed Revision to Rule on Overtime Exemptions; Exempt Salary Threshold to More than Double; No Immediate Action Needed
- Obamacare Survives Second Supreme Court Challenge
- Countdown to July 3 for San Francisco Retailers to Modify Flexible Scheduling Practices
- U.S. Supreme Court Unanimously Rules that Courts Have a Narrow Scope to Review Whether the EEOC Complied with Its Statutory Duty to Conciliate Before Filing Suit
- New York City Council Votes to Limit Credit Checks by Employers
- NY Attorney General’s Office Begins Campaign Against Scheduling Practices of Large Retailers
- En Banc 6th Circuit Returns to Practicality, Finding Regular and Predictable Attendance to be Essential Function of Position
- SDNY Judge Refuses to Approve Overbroad Use of Social Media to Notify Members of Opt-in Class of Action
- NJ Supreme Court Backs Employer Defense in Supervisor Harassment Suits
- NJ Supreme Court Advises Courts to Follow NJDOL Test for Determining Employee vs. Independent Contractor Status for Wage Disputes
- Employer Error in Advising Employee of Eligibility for FMLA Leave Can Have Enduring Consequences
- Schnader Harrison Segal & Lewis LLP Publishes the Annual “15 Labor & Employment Resolutions For 2015” Alert
- SDNY Judge Permits Use of Social Media to Notify Potential Opt-In Plaintiffs of Conditionally Certified Collective Action by Unpaid Interns
- NLRB Holds Employees May Use Employer Email for Union Organizing and Other Non-Business Purposes
- Voters in 4 States Elect to Raise Minimum Wage January 1, 2015
- Mandatory Paid Sick Leave Approved in New Jersey’s Trenton, Montclair
- NYC Dep’t of Consumer Affairs Updates FAQs about Paid Sick Leave Law
- Federal Court Dismisses Complaint Against EEOC for Unauthorized Use of Employer’s E-Mail System
- EEOC Challenge to CVS Severance Agreement Dismissed Due to Agency’s Failure to Engage in Conciliation
- No Right to Jury Trial Under Pennsylvania’s Whistleblower Statute
- NJ “Ban the Box” Law Restricts Employers from Inquiring about Criminal Records of Prospective Employees During Initial Application Process
- NJ Appellate Courts Permit Employers to Shorten Statute of Limitations Period Through Employment Applications
- Senate Finance Committee Considering Measure to Largely Repeal IRC Section 530 Safe Harbor for Most Businesses Using Independent Contractors
- Supreme Court Deals NLRB and Administration Another Legal Setback
- California Supreme Court Submits to Federal Preemption, Holds Class Action Waivers Enforceable in Employment Cases – But Not in PAGA Claims
- Big Win For Employers: NJ Supreme Court Affirms Limits on Employee Whistleblower Actions
- Good News/Bad News/Good News Again for CEOs
- By May 30, NYC Employers Must Provide Notice of Rights to All Employees Under Pregnant Workers Fairness Act
- NJ Supreme Court to Decide Whether “Watchdog Employees” are Entitled to Whistleblower Protection
- Refusing to Defer to Business Judgment that Workplace Attendance was Essential to Job, Sixth Circuit Panel Defers to EEOC Over Telecommuting as a Reasonable Accommodation
- NLRB Zeroes In on Rules Forbidding Personal Use of Company Email
- Appellate Court Affirms Dismissal of EEOC Challenge to Credit Checks
- Philadelphia Employers: Notice to Employees of Pregnancy Related Accommodations
- Connecticut Wins Race to Raise Minimum Wage to $10.10 Per Hour
- White House kicks off new campaign against overtime exemptions
- NYC Earned Sick Leave Law expanded just before April 1 effective date
- NLRB General Counsel Memo Highlights Possible Pro-Union Changes in the Law
- Philadelphia ordinance requires reasonable accommodation for pregnancy and childbirth
- NLRB Revives “Election Reform” Rulemaking
- New NJ Law Bars Pregnancy Discrimination
- U.S. Government to SCOTUS: Severance Pay Subject to FICA Taxes
- NJ Employers Must Post and Distribute Gender Equity Notice Beginning January 6, 2014
- First Circuit Affirms $105,000 Attorneys’ Fee Award in Age Bias Case after Jury Awards only $7,650 in Damages
- Fourteen States to Hike Minimum Wage in 2014
- New York Becomes 16th State to Join DOL Misclassification Initiative
- EEOC Asserts Right to Blast E-Mail Entire Workforce at Work and at Home
- New Jersey Voters Approve Minimum Wage Increase
- CA Supreme Court Narrowly Construes SCOTUS Concepcion Ruling Limiting Authority to Void Mandatory Arbitration Agreements as Unconscionable
- Amendment to Philadelphia Ordinance Would Expand Protection of Pregnant Employees
- PA Right to Work Update: Senate Proposes Freedom of Employment Act
- NJ’s “SAFE Act” Leave Law Takes Effect October 1. Is Your Company Ready?
- Employers Should Proceed with Caution in Using Payroll Cards
- Department of Labor Publishes Benefits Guidance on Definitions of Spouse and Marriage
- Bring Your Own Device Policies: 10 Practical Steps to Minimize Risk
- Employers Who Text Driving Employees May Be Liable for Resulting Accident
- EEOC Position on Criminal Background Checks Rejected Again
- Connecticut Toughens Law Granting Access to Personnel Files
- Rhode Island Joins the ‘Ban the Box’ Movement
- DC Circuit Finds DOL’s Unilateral Reversal of Prior Published Enforcement Position Exceeded its Authority; Public Notice and Comment was Required
- NYC Mandatory Paid Sick Leave Law Enacted Over Bloomberg Veto
- NLRB Notice Posting Rule Invalidated by Fourth Circuit
- PA Supreme Court Finds Non-Compete Ancillary to Commencement of Employment is Enforceable Even Though Not Mentioned in Offer Letter
- NYC Mayor Vetoes Paid Sick Leave Law
- Supreme Court to Decide if DOL Review Board Properly Expanded SOX Whistleblower Protection to Public Company Contractor Employees
- Mandatory Paid Sick Leave is Coming to NYC
- Third Circuit Rules that NLRB had no Authority to Act Due to Invalid Recess Appointment
- Small Business Owners: Can a Fellow Owner Sue Your Business Claiming Employment Discrimination?
- New York State Minimum Wage to Increase Beginning in 2014
- Third Circuit Defers to DOL and Adopts ARB’s New and Expansive Definition of Protected Activity under SOX
- Supreme Court Closes CAFA Federal Court Evasion Loophole; Employers Likely to Benefit
- President Obama Nominates DOJ AAG Perez as Secretary of Labor
- USCIS Directs Employers to Use Updated Work Eligibility I-9 by May 7
- Proposed Minnesota Legislation to Prohibit Most Non-Compete Covenants
- Third Circuit Applies Employee-Friendly Burden Shifting Test to FRSA Whistleblower Retaliation Claim
- Whistleblowers Recover $122,500 in False Claims Act Settlement of $700,000
- OFCCP Directive Warns Against Blanket Criminal Record Exclusions for Applicants
- As Expected, Governor Christie Vetoes The New Jersey’s The Minimum Wage Increase.
- Bill to Further Punish Wage & Hour Violators Introduced in New York Assembly
- NLRB Revises Policy to Allow Board Settlements to Include Front Pay
- Pennsylvania Lawmakers Propose “Right-to-Work” Legislation
- 13 Labor & Employment Resolutions for 2013, Part 2
- 13 Labor & Employment Resolutions for 2013, Part 1
- Secretary of Labor Solis Resigns
- “Unfair Termination” for Being “An Irresistible Attraction” to Her Boss Does Not Violate the Iowa Civil Rights Act
- NJ Legislature Takes Next Step Toward a Radical Minimum Wage Constitutional Amendment
- Requiring Medical Disclosure to Excuse Absence Still a Gray Area for Employers Despite EEOC’s Headline Grabbing Settlement with Retailer
- Ten States Increasing Minimum Wage in 2013
- Top 10 most common mistakes employers make in connection with employee termination
- A minimum wage hike could be on the horizon in New Jersey
- SEC Report Confirms Substantial Dodd-Frank Whistle-blowing Activity, Illustrating Need for Employers to be Proactive — and Careful
- Labor and Employment Post-Election
- Employers Must Provide Updated FCRA Notice by January 1, 2013
- NJ Emergency Responder Leave in the Aftermath of Hurricane Sandy