Employment Counseling and Litigation

With extensive experience in all aspects of labor and employment, our Employment Litigation and Counseling practice serves employers throughout the United States.

We litigate all types of statutory and common law employment cases in federal and state court and advise clients regarding employment issues, including the following subject matters:

  • Affirmative Action
  • Americans with Disabilities Act (ADA)
  • Collective Bargaining
  • Discipline
  • Discrimination
  • EEOC Guidelines
  • Employment Investigations
  • Fair Labor Standards Act (FLSA)
  • Family and Medical Leave Act (FMLA)
  • Federal Affirmative Action
  • Firing
  • Grievance Arbitration
  • Hiring
  • OFCCP Compliance
  • OSHA
  • Sexual and Other Prohibited Harassment
  • Trade Secret Protection and Non-compete Agreements
  • Union Organizing Campaigns
  • Wage and Hour
  • Worker Adjustment and Retraining Notification Act (WARN)

We assist clients in shaping comprehensive personnel and employment policies for both union and non-union employees. We counsel not only on the substance of policies, but also on how they can best be articulated and implemented. We assist many of our clients in updating their employee handbooks with policies regarding email, social media, internet use, substance abuse, smoking, disability accommodation, equal employment opportunities, skill testing, privacy issues, overtime regulations, flex time, telecommuting, whistleblowing and other areas of employment law.

Members of the Employment Litigation and Counseling group and other practice areas regularly provide educational seminars and other training to client management teams.

We provide management feedback so that the client can correct the problems that lead to litigation and avoid lawsuits in the future.

For-profit labor and employment clients range from small businesses with six employees, to publicly traded companies with tens of thousands. Non-profit clients range from small charitable organizations to large universities, and includes the largest employer in the City of Philadelphia.

Whether it is counseling our clients to avoid unnecessary litigation, defending an employment discrimination case, or negotiating a labor agreement, the goal at Montgomery McCracken is to ensure that our work advances the client’s enterprise in the most beneficial, timely, and cost-effective manner possible.

For More Information

Please contact Employment Litigation and Counseling Practice Chair Daniel P. O’Meara at 610-889-2215 or, or Vice-Chair Janice Dubler at 856-488-7723 or