Department
Labor and Employment
Our Labor and Employment Department has extensive experience in all aspects of labor and employment law, and serves employers throughout the United States. We are focused on providing our clients with comprehensive labor and employment services, assisting employers in the hiring process, counseling employers who are contemplating single or group terminations, and addressing the full spectrum of issues that arise in between.
Our clients range from small businesses to publicly traded companies with tens of thousands of employees including 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.
Our goals are to form relationships with our clients, understand each client’s business and culture, and provide efficient and effective assistance in the following ways:
- We assist clients by drafting up-to-date policies and employment agreements and navigating difficult areas of the employment relationship, such as considering leaves of absence, accommodating disabilities, and investigating employee complaints. We pride ourselves on our success assisting clients in addressing and correcting issues that might lead to litigation in order to avoid lawsuits in the future.
- When litigation does arise, we regularly represent employers in state and federal courts and before administrative agencies in litigation involving alleged violations of the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), and Title VII, as well as cases involving other employment laws, trade secrets, and restrictive covenants. We also have significant experience in trying jury trials.
- We provide training for managers and employees on employment law and supervisory basics, hot topics, and issues targeted to a specific industry or issues the client may be facing.
- We assist clients in the public and private sectors – with and without unionized workforces – in managing their employees while avoiding liability or issues that might arise under the Pennsylvania Labor Laws (including Act 195 and the PLRA), the National Labor Relations Act, and other federal, state, and local workplace laws. We also have significant experience in conducting labor arbitrations and grievances.
Labor and Employment Leadership
SHARED THINKING
DOL rule set to broaden liability for employers
A U.S. Department of Labor rule that takes effect this month may result in more contract workers being classified as employees, potentially requiring employers to provide benefits and insurance coverage […]
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Employee or Independent Contractor? Six factors to consider under new DOL rule
This week, the U.S. Department of Labor (DOL) issued its final rule describing its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA), the […]
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Out-Of-State Defendants Beware: Supreme Court Upholds Constitutionality Of Pennsylvania’s “Consent-By-Registration” Statute, General Personal Jurisdiction Abounds
On Tuesday, June 27, 2023, the Supreme Court of the United States revived Robert Mallory’s suit against Norfolk Southern Railway Company (“Norfolk Southern”) by upholding Pennsylvania’s “consent-by-registration” statute, holding that […]
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U.S. Supreme Court Increases Employer Burden for Religious Accommodations Under Title VII, in Groff v. DeJoy
On June 29, 2023, in Groff v. DeJoy, the Supreme Court of the United States unanimously heightened the standard for employers to demonstrate “undue hardship” under Title VII, holding that […]
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