1735 Market Street
21st Floor
Philadelphia, PA 19103-7505
P: 215-772-7284
F: 215-731-3693
Biography
Erin K. Clarke is a partner in the firm’s Litigation Department and a member of the Labor and Employment practice. She focuses her practice on employment litigation and labor matters and has experience defending public and private employers in federal and Pennsylvania and New Jersey state courts and before administrative agencies. Erin also advises employers on a broad range of labor and employment issues.
Erin has handled First Amendment retaliation claims, New Jersey Conscientious Employee Protection Act claims, whistleblower claims, FMLA retaliation and interference claims. She also has experience with ERISA litigation, sexual harassment, retaliation and race, sex, disability, and age discrimination claims. Erin has represented employers against charges of discrimination before the EEOC and state agencies. She has represented employers in labor negotiations, representation petitions filed with the National Labor Relations Board, unfair labor practice charges before the NLRB and state agencies, and labor arbitrations. In addition, Erin has counseled clients in developing and revising personnel policies, reductions in the workforce, disciplinary practices, severance and non-compete agreements, and compliance with federal, state and local laws.
She has also assisted with appeals to the Commonwealth Court of Pennsylvania, Supreme Court of Pennsylvania, and the United States Court of Appeals for the Third Circuit.
Prior to joining Montgomery McCracken, Erin was an associate with a large national law firm, where she advised clients in a broad range of labor and employment matters.
Selected Publications
- Co-author, “Philadelphia Requires Paid COVID-19 Sick Leave for Related Reasons,” April 2021
- Co-author, “Important COBRA Changes in the American Rescue Plan Act of 2021,” March 2021
- Co-author, “NJ Recreational Cannabis Law Raises Questions for Employers,” March 2021
- Quoted in, “3 Named Partner At Montgomery McCracken Philly Office,” Law360 Pulse, March 2021
- Author, “EEOC Issues Guidance on Mandatory COVID-19 Vaccination for Employees,” December 2020
- Author, “Court Rules That Off-Duty Use of Medical Marijuana Is Not A “Disability” Under the Pennsylvania Human Relations Act,” December 2020
- Co-author, “Philadelphia Expands Paid Sick Leave Coverage for Individuals Impacted by COVID-19,” September 2020
- Co-author, “State Governments and Federal Agencies Update Guidance Regarding Workplace Re-Opening,” July 2020
- Co-author, “In a Landmark Decision, Supreme Court Rules Title VII Protects LGBTQ+ Workers,” June 2020
- Co-author, “PA Employers Must Initiate Additional Measures to Protect Employees,” April 2020
- Co-author, “U.S. Department of Labor Provides Additional Guidance Regarding Paid Sick Leave and Expanded Family and Medical Leave under the FFCRA,” March 2020
- Co-author, “WARN Obligations In Light of COVID-19,” March 2020
- Co-author, “Employers Must Prepare to Provide Paid Sick Leave to Employees Impacted by COVID-19,” March 2020
- Co-author, “NJ Supreme Court Ruled that Employers May Be Required to Accommodate Off-Duty Use of Medical Marijuana,” March 2020
- Co-author, “Labor and Employment Issues and the Coronavirus (COVID-19),” March 2020
- Co-author, “DOL Provides Opinions on Non-Discretionary Bonuses, Per-Project Payments, and Public Agency FMLA Eligibility,” January 2020
- Author, “DOL Issues Final Overtime Rule Setting New Salary Threshold,” September 2019
- Author, “DOL Issues Proposed Overtime Rule, Increasing Minimum Salary Threshold,” March 2019
Selected Speaking Engagements
- Speaker, “2019 Higher Education Forum,” October 25, 2019
- Panelist, “Understanding Benefits, Job Offers, and Salary Negotiation,” Jersey Shore Women in Tech, April 19, 2019
- Panelist, “Back to Basics: Managing Substance Abuse and Behavioral Health in the Workplace,” Pennsylvania League of Cities and Municipalities, PELRAS Annual Training Contest, March 17, 2016
- Panelist, “Faster Than a Speeding Bullet . . . The Continued Expansion of Employer Health Care Programs,” Pennsylvania League of Cities and Municipalities, PELRAS Annual Training Contest, March 17, 2016
- Panelist, “Hot Button Issues Under the ADA,” Pennsylvania League of Cities and Municipalities, PELRAS Annual Training Conference, March 19, 2015
- Panelist, “Shrinking Economy, Shrinking Workforce: Reductions in Force and Workforce Reorganizations,” Pennsylvania League of Cities and Municipalities, PELRAS Annual Training Conference, March 22, 2012
- Panelist, “Investigating Criminal Employee Conduct,” Pennsylvania League of Cities and Municipalities, PELRAS Annual Training Conference, March 22, 2012
Honors & Awards
- Named to Pennsylvania Super Lawyers, 2020
- Selected as a Pennsylvania Super Lawyers Rising Star, 2020
Academic Achievements
Erin received her J.D. degree from Temple University James E. Beasley School of Law, where she was a member of the International and Comparative Law Journal. She was also on the dean’s list and awarded multiple honors including Distinguished Class Performance in the U.S. Attorney Clinical; Outstanding Oral Advocacy in Trial Advocacy I and II; Outstanding Oral Advocacy in Legal Research and Writing II. Erin received a B.A. degree in American Studies with concentrations in English and Political Science from the University of Notre Dame.