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Andrea M. Kirshenbaum

Education

  • University of Pennsylvania Law School (J.D., Cum Laude, 2001) Associate Editor; Articles Editor of the Journal of Labor and Employment Law, H. Clayton Louderback Legal Writing Fellow 
  • University of Pennsylvania (M.A., 1998)
  • Duke University (A.B. in History, Cum Laude, 1996) Graduated with distinction in History

Bar Memberships

  • New York, 2010
  • Pennsylvania, 2001

Court Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Affiliations

  • The Forum of Executive Women
  • Board of Directors, OROT
  • Women's Mastermind Cooperative
  • Professional Women's Roundtable
  • Philly-MAMA, Mother Attorneys' Mentoring Association
  • American Bar Association
  • Pennsylvania Bar Association, Women in the Profession Committee
  • Philadelphia Bar Association
  • American Health Lawyers Association (AHLA)
  • Pennsylvania Restaurant & Lodging Association

Clerkships

  • The Honorable Harvey Bartle III, Judge, United States District Court for the Eastern District of Pennsylvania - 2001-2003
  • The Honorable Morton I. Greenberg, Judge, United States Court of Appeals for the Third Circuit - 2003-2004

 

Andrea M. Kirshenbaum

Chair, Wage and Hour Practice Group

Principal

Philadelphia

(215) 587-1126

(215) 320-4711 Fax

akirshenbaum@postschell.com

Andrea M. Kirshenbaum is the Chair of the Firm's Wage and Hour Practice Group, a Principal in its Employment & Employee Relations Practice Group, and a member of the Firm's Appellate Department. She defends employers nationally in federal and state court litigation involving all major employment statutes, represents them in related government investigations, and counsels them proactively on compliance with these statutes.

Ms. Kirshenbaum focuses a significant portion of her practice on wage and hour related compliance and litigation under the Fair Labor Standards Act (FLSA) and applicable state laws governing wages and pay practices.  

Ms. Kirshenbaum has broad industry experience, with clients in the construction, commercial real estate, energy and utilities, financial services, health care, hospitality and retail, information technology, manufacturing, pharmaceutical, and professional services industries, among others.

In her litigation and investigations practice, Ms. Kirshenbaum has a track record of securing summary judgment, dismissals, and favorable settlements for clients. Specifically, she provides counsel and representation related to:

  • FLSA (including pay practices and employee misclassification) and state wage and hour laws
  • Title VII of the Civil Rights Act of 1964
  • Family & Medical Leave Act (FMLA)
  • Americans with Disabilities Act (ADA) (including public accommodation litigation under Title III)
  • Age Discrimination in Employment Act
  • Equal Pay Act
  • Employee Retirement Income Security Act of 1974 (ERISA)
  • National Labor Relations Act (NLRA)
  • U.S. Department of Labor (DOL), Wage and Hour Division, and state wage and hour investigations
  • Trade secrets and covenants not-to-compete
  • Federal, state and local administrative agency proceedings

In her compliance and consulting practice, Ms. Kirshenbaum provides proactive counseling and guidance regarding the full range of employee relations challenges that employers confront on a day-to-day basis. Ms. Kirshenbaum also supports her clients through audits of employer policies and procedures and recommendations on best practices to facilitate adherence to all federal, state and local employment laws. This includes wage and hour and pay practices; job descriptions and worker classifications; employee background checks; drug testing; employee handbooks; executive severance agreements; employment contracts and agreements; restrictive covenants; risk prevention/management education and seminars; and employee/workplace privacy matters.

Ms. Kirshenbaum serves as the Wage and Hour columnist for The Legal Intelligencer, covering the shifting regulatory and litigation environment surrounding wages and pay practices. From 2014 - 2017 she has been recognized as a Pennsylvania Super Lawyer by her peers as published by American Lawyer Media and Philadelphia Magazine. For information about this selection and an overview of common third-party publications, rankings, and lists methodologies, click here.