Employment Litigation

Recent News:

Calculating Wages Owed Is Tricky Endeavor, Experts Say

Arielle Eisenberg was quoted in a Law360 article recapping key principles guiding wage and hour best practices discussed at the American Bar Association's annual Labor and Employment Law Conference.

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Cozen O’Connor’s employment litigation team represents foreign and domestic corporations, small businesses, individuals, nonprofits, trade associations and governments in all types of employment litigation. We defend clients in wage-and-hour, discrimination, sexual harassment, defamation, ERISA, employment benefits, trade secrets, noncompetition, and duty-of-loyalty claims. We appear frequently before federal and state courts, agencies and departments (including the EEOC, DOL, IRS, OSHA, and ICE), and arbitration panels.

Because labor and employment matters are governed by interrelated federal, state, and local laws, every case requires a tailored approach. Cozen O’Connor attorneys investigate the specifics of each matter, determine how the legal issues connect to the business issues, and develop a strategy to achieve success as it is defined by the client. Employment litigation often involves sensitive personal matters and typically occurs in the context of an ongoing employment relationship. Achieving good outcomes requires technical, legal, and interpersonal skill. Our attorneys bring all of those capabilities to their work.

When an investigation or lawsuit is launched, clients need counsel who can help them determine the best strategic approach—not counsel who automatically push to take every litigation to the bitter end. Cozen O’Connor attorneys are known for providing clients with clear and candid advice about all of their options and for resolving matters quickly and amicably. In the event that a situation does become irretrievably adversarial, our team of litigators is fully prepared to go to the mat. We have a track record of success in complex negotiations, mediations, and trials.

 

SERVICE AREAS

  • Investigate employee claims and government inquiries
  • Defend clients against individual and class (collective) action lawsuits
  • Represent employers in suits alleging discrimination and harassment on the basis of age, race, religion, national origin, gender, sexual orientation, disability, and other areas protected under federal, state, and local law
  • Handle cases involving defamation; invasion of privacy; noncompetition agreements; trade secrets; duty-of-loyalty; equal pay; employment benefits; pension and benefit plan fiduciary liability; wage and hour; whistle-blower; retaliation; and wrongful-discharge claims
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Experience

Publications

What’s New in Workplace Safety, Pay Equity, and Job Classification [Bloomberg Law]

January 03, 2023

John Ho and Janice Sued Agresti highlight what employers can expect in the year ahead from OSHA and the Department of Labor on workplace safety, pay equity, and employee classification.

When is Obesity a Disability under the ADA? [Alert]

June 26, 2019

Jeff Pasek discusses the Seventh Circuit's decision in Richardson v. Chicago Transit Authority and what employers need to know when making decisions related to employee disability claims.

Is A DOL Rule For Portable Device Work Coming? [Law360]

July 23, 2015

Michael Schmidt offers tips to employers to avoid violating the Department of Labor’s recently proposed rule of changing overtime regulations.

EEOC’s Proposed Wellness Regulations Bring Some Clarity and Some Questions [Employee Benefit Plan Review]

July 15, 2015

Debra Friedman discusses the Equal Opportunity Employment Commission’s (EEOC) recently issued notice of proposed rulemaking with respect to employer-sponsored wellness programs, focusing on the interplay between the Americans with Disabilities Act (ADA) and the Affordable Care Act (ACA).

Hold Your Breath and Take a Deeper Dive Into the Department of Labor’s Proposed Overtime Rule Changes [Technical Bulletin]

July 13, 2015

David Barron and Jeremy Glenn authored an article concerning the Department of Labor’s proposed changes to the federal overtime rules.

In The News

Calculating Wages Owed Is Tricky Endeavor, Experts Say

November 15, 2024

Arielle Eisenberg was quoted in a Law360 article recapping key principles guiding wage and hour best practices discussed at the American Bar Association's annual Labor and Employment Law Conference.

Cozen O’Connor Recognized as a “Best Law Firm” in 31 Practice Areas Nationwide, 54 Practice Areas Regionally

November 07, 2024

In 2024, Best Lawyers received more than 100,000 client references and observed a 65% increase in client participation in their survey.

EEOC Partners with DOL on Legal Enforcement

September 22, 2023

Debra Steiner Friedman was quoted in SHRM discussing the impact of the U.S. Department of Labor's Wage and Hour Division and the U.S. Equal Employment Opportunity Commission working more closely together to enforce workplace laws nationwide.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

42 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers & Rising Stars

May 24, 2023

Super Lawyers has selected 42 Cozen O'Connor attorneys to the 2023 Pennsylvania Super Lawyers and Rising Stars lists.

Can US Employers Recover Damages from Former Employees for ‘Time Theft’?

February 01, 2023

David Barron was quoted in SHRM discussing what employers can do when an employee is accused of time theft.

Noncompete Ban Tees Up 1st Test Of FTC's Rule Powers

January 05, 2023

Michael Schmidt was quoted in Law360 discussing the Federal Trade Commission's new proposal to ban all noncompete agreements employers impose on their workers.

Cozen O’Connor Recognized as a “Best Law Firm” in 30 Practice Areas Nationwide, 115 Practice Areas Regionally

November 30, 2022

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.

Veteran Litigator Miguel Pozo Returns to Minneapolis Office

October 18, 2022

Cozen O’Connor is pleased to announce veteran litigator Miguel Alexander Pozo has returned to its fast-growing North American Commercial Litigation Department.

21 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 03, 2022

Super Lawyers has named 21 Cozen O'Connor attorneys to its 2022 New York Metro Super Lawyers and Rising Stars lists.

Super Lawyers Names 10 Cozen O’Connor Attorneys to its 2022 Florida List

July 11, 2022

Super Lawyers has named 10 Cozen O’Connor attorneys to its 2022 Florida Super Lawyers list.

Cozen O’Connor Recognized as a “Best Law Firm” in 29 Practice Areas Nationwide, 121 Practice Areas Regionally

November 04, 2021

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Super Lawyers Names Seven Florida Cozen O’Connor Attorneys to its 2020 List

June 11, 2020

Super Lawyers has named seven Cozen O'Connor attorneys to its 2020 Florida Super Lawyers and Rising Stars lists.

Contacts

Thomas S. Giotto

Chair, Labor & Employment Department

[email protected]

(412) 620-6550

Michael C. Schmidt

Vice Chair, Labor & Employment Department

[email protected]

(212) 453-3937

Anna Wermuth

Vice Chair, Labor & Employment Department

[email protected]

(312) 474-7876

People

Awards

Cozen O’Connor Recognized as a “Best Law Firm” in 31 Practice Areas Nationwide, 54 Practice Areas Regionally

November 07, 2024

In 2024, Best Lawyers received more than 100,000 client references and observed a 65% increase in client participation in their survey.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

Cozen O’Connor Recognized as a “Best Law Firm” in 30 Practice Areas Nationwide, 115 Practice Areas Regionally

November 30, 2022

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.

21 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

October 03, 2022

Super Lawyers has named 21 Cozen O'Connor attorneys to its 2022 New York Metro Super Lawyers and Rising Stars lists.

Cozen O’Connor Recognized as a “Best Law Firm” in 29 Practice Areas Nationwide, 121 Practice Areas Regionally

November 04, 2021

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Super Lawyers Names Seven Florida Cozen O’Connor Attorneys to its 2020 List

June 11, 2020

Super Lawyers has named seven Cozen O'Connor attorneys to its 2020 Florida Super Lawyers and Rising Stars lists.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

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