Post & Schell, P.C.

Wage and Hour

Chair & Contact

Andrea M. Kirshenbaum
215-587-1126
akirshenbaum@postschell.com

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Overview

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Post & Schell’s Wage and Hour attorneys provide employers and management nationally with compliance, consulting, and litigation services under federal, state and local wage and hour laws. Our goal is to work collaboratively with clients to identify and mitigate against potential wage and hour risks, and defend employers in litigation and government investigations, when the need arises.

Shifting Legal and Regulatory Landscape

The risk of wage and hour-based litigation has increased steadily over the past decade for employers in a broad range of industries. Federal laws such as the Fair Labor Standards Act (FLSA) mandated obligations to pay overtime and minimum wage (among other requirements), and corollary state and local-specific obligations, including wage payment laws, can vary significantly by jurisdiction.

For employers of all sizes, this means contending with a complex and confusing array of detailed laws and regulations, as well as a shifting federal regulatory landscape. Employers face an increasingly challenging litigation environment with exposure to collective and class actions that hold significant financial risk and often are excluded from insurance coverage under employment practices liability insurance policies.

Wage and Hour Legal Services

Post & Schell’s Wage and Hour Practice Group provides employers with two distinct and complementary suites of legal services related to wage and hour challenges:

Wage and Hour Compliance Counseling and Auditing Services:

Employers must ensure that their wage and hour practices are in constant compliance with new and varied laws, regulations, and administrative guidance. Our attorneys provide wage and hour compliance counseling on the full range of wage and hour issues confronting our clients. Post & Schell’s attorneys also provide employers with wage and hour “audit” services which include a detailed review of wage and hour policies, pay practices, exemptions, and worker classifications, taking into account industry-specific issues. This process provides actionable guidance that enables employers to modify and refine their wage and hour policies and practices for proactive compliance and to mitigate against potential litigation.

Among other areas, Post & Schell’s wage and hour compliance counseling services bring together wage and hour acumen with industry-specific knowledge of issues surrounding:

  • Overtime
  • Minimum wage
  • Employee exempt/non-exempt classification
  • Independent contractor/employee classification
  • Off-the-clock work (meal break, preliminary/postliminary work, on-call time, travel time)
  • Use of a contingent/temporary workforce
  • Work-from home and remote workforce arrangements
  • Neutral pay practices (rounding, regular rate of pay calculation, etc.)
  • Deductions from pay
  • Pay for training time
  • FLSA compliance
  • FMLA compliance

Wage and Hour Investigations and Litigation:

Our Wage and Hour attorneys provide consulting and litigation services to employers and management in wage and hour collective and class actions as well as government investigations. The Group’s attorneys have secured summary judgment, dismissals, and favorable settlements for clients involved in wage and hour litigation and government investigations.

Wage and Hour Investigations and Litigation services include:

  • Defending employers in federal and state courts against collective and class actions as well as individual cases
  • Defending employers in cases brought under state wage payment laws
  • Litigation avoidance counseling and support pre- and post-trial
  • Defending employers in DOL and state wage and hour investigations

Industry Specific Counsel

Employers face wage and hour challenges specific to their industry, and require counsel that understands their unique legal and business challenges. Our attorneys have experience and insight into diverse range of variety of industries, including:

  • Hospitality Companies: Hotels, Motels, Resorts, Restaurants/Bars, and Management Groups
  • Energy & Utilities: Electric, Marcellus Shale, Natural Gas, Oil & Liquids Pipeline, Renewable/Alternative Energy, and Waste & Wastewater
  • Health Care Providers: Hospitals, Health Care Systems, Nursing Homes, Continuing Care Retirement Communities, Home Health Agencies, Personal Care Homes, and Pharmacies
  • National Retail Chains
  • Professional and Business Services
  • Building Maintenance and Facility Services
  • International Mail and Shipping Services
  • Manufacturing
  • Security Services
  • Call Centers

Read full overview > Read less >

Related Practices

  • Casualty Litigation
  • Employment Collective and Class Actions
  • Employment and Employee Relations
  • Health Care
  • Hospitality and Retail

Representative Matters:

  • Defense of large, regional health system in a putative collective action in United States District and two parallel class action Complaints in County Court of Common Pleas. Case involved nurse who sought for herself, and others similarly situated, back wages for unpaid overtime, liquidated damages, and attorneys’ fees under the FLSA, as well as the Pennsylvania Wage Payment and Collection Law (WPCL) and the Pennsylvania Minimum Wage Act (PMWA).
  • Defense of large, regional health system in a putative collective action complaint in federal court for two subclasses of employees seeking back wages for unpaid overtime work, liquidated damages, and attorneys’ fees and costs under FLSA.
  • Defense of a national retail pharmacy in a class action complaint filed by plaintiff and putative class of more than three hundred (300) current and former exempt assistant store managers alleging misclassification in violation of the FLSA and the New Jersey Minimum Wage Law.
  • Provided comprehensive analysis of pay practices related to a business unit for purposes of advising senior management.  Analysis included assessment of risk regarding potential off the clock work, exempt/non-exempt employee classification, role of temporary workforce, audit of policies and review of benefit plan documents.
  • Conducted audit of pay practices of large hospital related to non-exempt workers focusing on potential off-the clock work.  Provided detailed recommendations to client to mitigate against the risk of wage and hour claims.
  • Analyzed job descriptions to assess compliance with white collar FLSA exemptions. Revised job descriptions in collaboration with client.

Attorneys

Toggle Button Open
Andrea M. Kirshenbaum

Andrea M. Kirshenbaum

Principal
Chair, Wage and Hour Practice Group

Philadelphia
Phone: 215-587-1126
Fax: 215-320-4711

akirshenbaum@postschell.com

A. James Johnston

A. James Johnston

Principal
Employment and Labor

Philadelphia
Phone: 215-587-1099
Fax: 215-320-4180

ajohnston@postschell.com

David E. Renner

David E. Renner

Principal
Employment and Labor

Pittsburgh
Phone: 412-506-6371
Fax: 412-506-6372

drenner@postschell.com

Sidney R. Steinberg

Sidney R. Steinberg

Principal
Chair, Employment & Employee Relations Practice Group

Philadelphia
Phone: 215-587-1140
Fax: 215-320-4772

ssteinberg@postschell.com

Fara A. Cohen

Fara A. Cohen

Associate
Employment and Labor

Philadelphia
Phone: 215-587-1475
Fax: 215-320-4196

fcohen@postschell.com

Eve R. Keller

Eve R. Keller

Associate
Employment and Labor

Philadelphia
Phone: 215-587-1002
Fax: 215-587-1444

ekeller@postschell.com

Daniel F. Thornton

Daniel F. Thornton

Associate
Employment and Labor

Philadelphia
Phone: 215-587-1462
Fax: 215-587-1444

dthornton@postschell.com

Erik R. Anderson

Erik R. Anderson

Principal
Commercial Litigation

Harrisburg
Phone: (717) 612-6035
Fax: (717) 720-5388

eanderson@postschell.com

News & Insights

News

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Post & Schell Elects Eight New Principals in the Firm's Casualty, Employment, Energy & Utilities, Insurance, Professional Liability, and White Collar Practices 

Thirty Post & Schell Attorneys Named Super Lawyers for 2020

Twenty-Nine Post & Schell Attorneys Selected to the 2019 Pennsylvania Super Lawyers List

Thirty-One Post & Schell Attorneys Selected to the 2018 Pennsylvania Super Lawyers List

Post & Schell Elects Five New Principals from the Firm's Professional Liability, Labor and Employment, Commercial Litigation, White Collar, and Insurance Law Practices

DRI Appoints Post & Schell's Sid Steinberg as Chair of Employment and Labor Law Committee

Post & Schell Elects Seven New Principals in Harrisburg, Lancaster, Philadelphia, and Pittsburgh Offices

Sidney R. Steinberg Appointed Chair of Post & Schell's National Employment & Employee Relations Practice Group

A. James Johnston Elected as President & CEO by Principals of Post & Schell, P.C.

Philadelphia-Area Hospital Awarded Summary Judgment in Federal Case Involving Two-Day Temporal Proximity and Nurse's "Cat's Paw" Claim

Media & Articles

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Sid Steinberg Examines the Importance of Consistency in Employee Rating Systems for The Legal Intelligencer

Andrea Kirshenbaum and Fara Cohen Examine Employer COVID-19 Vaccination Programs for The Legal Intelligencer

Andrea Kirshenbaum Discusses Employer COVID-19 Vaccination Programs with Cheddar News Wrap on Dec. 3

Andrea Kirshenbaum Examines Potential COVID-19 Vaccination Programs for HR Executive

Sid Steinberg Examines a Case Involving an Employee Termination for The Legal Intelligencer

Andrea Kirshenbaum Examines Changes to Overtime Exemptions Under the Pennsylvania Minimum Wage Act for The Legal Intelligencer

Andrea Kirshenbaum, Jim Malone, and David Renner Examine the FFCRA and What Employers Need to Know for The Legal Intelligencer

Sid Steinberg Examines an E.D. Pa. FMLA Case for The Legal Intelligencer

Andrea Kirshenbaum Examines COVID-19 Vaccination Programs for Employers for Law360

Andrea Kirshenbaum Examines Wage and Hour Challenges Related to the COVID-19 Pandemic for The Legal Intelligencer

Andrea Kirshenbaum Examines Federal and Pennsylvania Overtime Changes for The Legal Intelligencer

Andrea Kirshenbaum and David Renner Examine New EEO-1 Pay Data Reporting Requirements for The Legal Intelligencer

Andrea Kirshenbaum Examines the DOL's New Proposed Overtime Updates for The Legal Intelligencer

Andrea Kirshenbaum Provides a Wage and Hour Update for The Legal Intelligencer

Andrea Kirshenbaum Examines Proposed Changes to PA's Overtime Salary Thresholds for The Legal Intelligencer

Andrea Kirshenbaum Discusses New Proposed Pennsylvania Overtime Rules with the Philadelphia Inquirer

Sid Steinberg Examines E.D. Pa. Decision Enjoining Salary History Ordinance in Philadelphia for The Legal Intelligencer

Andrea Kirshenbaum Examines the FLSA Impact of The Tip Income Protection Act for The Legal Intelligencer

Andrea Kirshenbaum Examines a Precedential Third Circuit Decision That Defines 'Willfulness' Under the FLSA for The Legal Intelligencer

Andrea Kirshenbaum Examines the Obstacles to Private Resolution of FLSA Claims for The Legal Intelligencer on July 31

Andrea Kirshenbaum Examines State and Local Level Wage and Hour Laws for The Legal Intelligencer on April 4

Andrea Kirshenbaum Examines Labor Secretary Nominee Andrew Puzder and Potential Impact on Labor/Employment Law for The Legal Intelligencer on Jan. 3

Andrea Kirshenbaum and Darren Creasy Examine Efforts to Enjoin the DOL's Final Rule on Salary Exemptions for The Legal Intelligencer on Oct. 3

Andrea Kirshenbaum Examines Tip Credit, Tip Pooling, and the Associated Legal Challenges for Employers for The Legal Intelligencer on Aug. 1

Andrea Kirshenbaum Assesses the Impact of the DOL's Final Rule on Overtime for The Legal Intelligencer on May 20

Andrea Kirshenbaum Examines Employee Reclassification in Light of Expected FLSA Changes in an April 4 article for The Legal Intelligencer

Andrea Kirshenbaum and Darren Creasy Examine the DOL's New Guidance on Joint Employment for Law360 on Jan. 29

Sid Steinberg Examines FLSA Case Involving Paid Work Breaks for The Legal Intelligencer

Andrea Kirshenbaum Details How Employers Can Prepare for the DOL's Final Rule on White Collar Exemptions for The Legal Intelligencer on Jan. 4

Sid Steinberg Examines Minor League Baseball Players' FLSA/Wage and Hour Class Action for The Legal Intelligencer

Andrea Kirshenbaum Examines the Wage and Hour Challenges for the Sharing Economy for The Legal Intelligencer on Nov. 2

Andrea Kirshenbaum Co-Authors Article on the Dual DOL and IRS Threats Presented by Independent Contractor Misclassification for The Legal Intelligencer

Employment Principals Kirshenbaum and Creasy Examine the Impact of DOL's Revised Overtime Rules on the Hospitality Industry for Law360 on Aug. 12

Andrea Kirshenbaum and Darren Creasy Examine the DOL's New Proposed Salary Thresholds for 'White-Collar' Exemptions for The Legal Intelligencer on July 6

Andrea Kirshenbaum and David Renner Analyze "Pay-Per-Visit" Litigation Risks for Home Health Care Organizations in June 2015 AHLA Newsletter on June 24

Employment Principal Andrea Kirshenbaum Examines the DOL's Budget Proposals and Insights into Compliance Priorities for the May 4 Legal Intelligencer

Employment Principal Andrea Kirshenbaum Looks at How the DOL May Adjust White Collar Exemptions under the FLSA in Her Feb. 26 Legal Intelligencer Column

Andrea Kirshenbaum and William Flannery Examine the Impact of PA Supreme Court's Braun Decision for The Legal Intelligencer on Jan. 5

Employment Principal Andrea Kirshenbaum Looks at the Department of Labor's Scrutiny of Wage Practices in the Hospitality Industry for HospitalityLawyer on Dec. 26

Andrea Kirshenbaum Examines Joint Employer Liability Under Wage and Hour Laws for The Legal Intelligencer on Oct. 6

Employment Principal Andrea Kirshenbaum Examines the Wage and Hour Risks Posed by Mobile Workforces for The Legal Intelligencer on Aug. 4

Andrea Kirshenbaum and Kate Kleba Examine Class and Collective Action Waivers for The Legal Intelligencer on June 3

Employment Principal Andrea Kirshenbaum and Associate Darren Creasy Examine the Benefits of Wage and Hour Audits in April 7 issue of The Legal Intelligencer

Employment Principal Andrea Kirshenbaum Examines the Rise in Employee Misclassification Litigation for The Legal Intelligencer

Employment Principal Andrea Kirshenbaum Examines Wage and Hour Trends in 2013 for the Dec. 30 issue of The Legal Intelligencer

Employment Principal Andrea Kirshenbaum Examines Various Wage-and-Hour Laws Throughout the U.S. for The Legal Intelligencer on Oct. 31

Employment Principal Andrea Kirshenbaum Explores the Rise in FLSA Suits for the Legal Intelligencer and Atlanta Daily Report on Aug. 29

Employment & Employee Relations Principal Andrea Kirshenbaum Examines Pa.'s Wage Payment and Collection Law for the Legal Intelligencer on May 23

Speaking Engagements

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Andrea Kirshenbaum to Moderate Panel on Impact of COVID-19 Pandemic on Working Mothers on Forum of Executive Women Webinar on Jan. 26

David Renner to Present on Methods for Inclusion, Balancing Free Speech, and Social Justice in the Workplace on DRI Webinar on Nov. 12

Andrea Kirshenbaum and Elizabeth Hein Present Webinar on COVID-19 Vaccination Protocols and Legal Considerations for Employers on Sept. 24

Andrea Kirshenbaum Presents on Employment Law Challenges Associated with Drugs and Alcohol on PBI's 2020 Employment Law Institute Webcast on July 22

David Renner Presents on Wage Issues, Employment Laws, and Employee Discipline and Discharge on NBI Webinar on April 23

Andrea Kirshenbaum and Jim Malone Present on COVID-19 Related Employment Considerations for the Hospitality Industry on PRLA Webinar on March 24

Robin Nagele, Andrea Kirshenbaum, and Elizabeth Hein Present at PBI's 2020 Health Law Institute on March 11 and 12

Andrea Kirshenbaum Presents on New DOL Overtime Rules on PR&LA Webinar on Dec. 13

David Renner Presents Half-Day Seminar for NBI's Pennsylvania Employment Law CLE on Dec. 10

Andrea Kirshenbaum Presents on Hiring Best Practices at Women's Business Enterprise Center Seminar on Oct. 24

Paula Sanders and Andrea Kirshenbaum Present at 6th Annual FSA Compliance and Risk Management Conference on Sept. 24 and 25

Andrea Kirshenbaum Serves on Panel on Employee Misclassification and Related Tax Issues Hosted by the Philadephia Bar Association's Tax Section on Sept. 25

Andrea Kirshenbaum Presents on "Ethics War Stories" at PBI's 2019 Employment Law Institute on April 25

Andrea Kirshenbaum Serves on Panel for Pennsylvania Restaurant & Lodging Association Regarding Hours Tracking in the Digital Age on March 11

Heather Zambelli and David Renner Present at NBI's CLE Seminar "Human Resource Law from A to Z" on August 15

John Joseph and Andrea Kirshenbaum Present on Health Care Employee Leasing Arrangements and Preventing Fraud and Abuse at PBI's 23rd Annual Health Law Institute on March 8

Andrea Kirshenbaum Presents on Pennsylvania Health Care Association Webinar Regarding DOL's New Overtime Rules on July 12

Andrea Kirshenbaum Presents on Pennsylvania Restaurant & Lodging Association Webinar on DOL's Overtime Rules on June 28

Andrea Kirshenbaum Serves as Faculty for PBI CLE Webinar Exploring the DOL's Final Rule on Overtime on June 8

Andrea Kirshenbaum Provides an Overview of the Department of Labor's Overtime Rules and Impact on Employers

Andrea Kirshenbaum Provides FLSA/Wage and Hour Update for Benefits and Compensation Professionals on March 10

Post & Schell Employment, White Collar and Health Care Attorneys Present at PBI's 22nd Annual Health Law Institute on March 15 and 16

Andrea Kirshenbaum Serves as Faculty for PBI's Wage & Hour Symposium on Nov. 20

Post & Schell Hosts Greater Philadelphia Hotel Association on Oct. 15 For Seminar on Overtime Exemptions/Worker Misclassification Impact on Hotels

2015 Post & Schell Labor & Employment Seminar

Employment Principal Andrea Kirshenbaum Presents on Remote Workforce Wage and Hour Concerns at 2014 PAR Solutions Conference on Nov. 11

Employment Principal Andrea Kirshenbaum Presented "Wage and Hour: What Employers Need to Know" at the Greater Philadelphia Chamber of Commerce on April 30

Principals Robin Nagele and Andrea Kirshenbaum Explore Extending "Employee" Rights to Medical Staff at PBI's 20th Health Law Institute on March 14

Employment Principal Andrea Kirshenbaum Presents on Employment Law Considerations at PEBA M&A Bootcamp on Jan. 16

Employment Principal Andrea Kirshenbaum Served as Faculty for PBI's Wage & Hour Law Symposium on Nov. 11

Andrea Kirshenbaum Participates in Panel Discussion on HR Considerations for Small Businesses

Blogs and Thought Leadership

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COVID-19 Relief Package Signed into Law 

Congress Extends FFCRA Paid Leave...Sorta

Pittsburgh City Council Approves COVID-19-Related Paid Sick Leave

New York Federal Court Strikes Down Four FFCRA Regulations

Title VII Bars Discrimination Against Gay and Transgender Employees, Supreme Court Holds

Post & Schell, P.C.'s Paycheck Protection Program Loan Forgiveness Tool

DOL to Begin Enforcement of FFCRA Paid Leave Obligations; Issues Additional FAQs

Pennsylvania Amends its Unemployment Law in Response to COVID-19

Employment Taxes During the COVID-19 Pandemic

DOL Issues Much Anticipated Regs and IRS Issues Guidance on Families First Coronavirus Response Act

DOL Issues Third Round of Guidance on Families First Coronavirus Response Act

DOL Issues Second Round of Guidance on Families First Coronavirus Response Act

DOL Issues Initial Guidance on Families First Coronavirus Response Act and Publishes Required Model Notice

Employment Tax Aspects of the Coronavirus Response Act

Workers' Compensation Rights/ Obligations in Light of the Forced Government Shutdown Due to COVID-19

EEOC Issues New Guidance for Managing COVID-19 Risks Consistent with the ADA

President Signs Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

House Amends Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

U.S. House Passes Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

City of Pittsburgh's Paid Sick Days Act Mandating Employers Provide Employees Paid Sick Time Becomes Effective March 15, 2020

U.S. Department of Labor Issues Final Overtime Rule

New Jersey Toughens Wage and Hour Laws

New Jersey Enacts Salary History Inquiry Ban

SCOTUS Holds That Employer's Title VII Administrative Exhaustion Defense is Waived if Not Timely Raised

U.S. Department of Labor Proposes New Overtime Rule

Philadelphia City Council Passes Fair Workweek Ordinance

New Jersey Paid Sick Leave Law Takes Effect

U.S. Supreme Court Rules in Favor of Employers in Class Action Waiver Case

New Jersey Governor Phil Murphy Signs Expansive Pay Equity Bill Into Law

Proposal Would Make More Pennsylvania Workers Eligible for Overtime

Steps Employers Can Take to Prevent and Respond to Claims of Sexual Harassment

Amendment to Philadelphia's Fair Practices Ordinance Bars Employers from Inquiring About a Prospective Employee's Wage History

Entire DOL Overtime Rule Enjoined Nationwide

Department of Labor Announces Final Overtime Rule

DOL's Administrator Interpretation Solidifies Aggressive Stance in Joint Employment Debate

Philadelphia's Mandatory Sick Pay Ordinance Signals Businesses to Audit Current Wage Practices

A Grimm Reminder: Routine Employment Issues Can Lead to Serious (and Potentially Criminal) Headaches

Time for Hospitality Employers to Prepare for Affordable Care Act Obligations

NLRB's Northwestern Football Ruling Could Prove Disruptive, But Not a Done Deal, Yet

Quality Metrics, Contractors and the "Right to Control": Extending "Employee" Rights to the Independent Medical Staff

Supreme Court's Analysis in Sandifer Offers Glimpse into its Broader Thinking on FLSA

Labor Department's Final Rule Dramatically Expands FLSA Coverage for Home Care Workers

Overview Attorneys

Post & Schell’s Wage and Hour attorneys provide employers and management nationally with compliance, consulting, and litigation services under federal, state and local wage and hour laws. Our goal is to work collaboratively with clients to identify and mitigate against potential wage and hour risks, and defend employers in litigation and government investigations, when the need arises.

Shifting Legal and Regulatory Landscape

The risk of wage and hour-based litigation has increased steadily over the past decade for employers in a broad range of industries. Federal laws such as the Fair Labor Standards Act (FLSA) mandated obligations to pay overtime and minimum wage (among other requirements), and corollary state and local-specific obligations, including wage payment laws, can vary significantly by jurisdiction.

For employers of all sizes, this means contending with a complex and confusing array of detailed laws and regulations, as well as a shifting federal regulatory landscape. Employers face an increasingly challenging litigation environment with exposure to collective and class actions that hold significant financial risk and often are excluded from insurance coverage under employment practices liability insurance policies.

Wage and Hour Legal Services

Post & Schell’s Wage and Hour Practice Group provides employers with two distinct and complementary suites of legal services related to wage and hour challenges:

Wage and Hour Compliance Counseling and Auditing Services:

Employers must ensure that their wage and hour practices are in constant compliance with new and varied laws, regulations, and administrative guidance. Our attorneys provide wage and hour compliance counseling on the full range of wage and hour issues confronting our clients. Post & Schell’s attorneys also provide employers with wage and hour “audit” services which include a detailed review of wage and hour policies, pay practices, exemptions, and worker classifications, taking into account industry-specific issues. This process provides actionable guidance that enables employers to modify and refine their wage and hour policies and practices for proactive compliance and to mitigate against potential litigation.

Among other areas, Post & Schell’s wage and hour compliance counseling services bring together wage and hour acumen with industry-specific knowledge of issues surrounding:

  • Overtime
  • Minimum wage
  • Employee exempt/non-exempt classification
  • Independent contractor/employee classification
  • Off-the-clock work (meal break, preliminary/postliminary work, on-call time, travel time)
  • Use of a contingent/temporary workforce
  • Work-from home and remote workforce arrangements
  • Neutral pay practices (rounding, regular rate of pay calculation, etc.)
  • Deductions from pay
  • Pay for training time
  • FLSA compliance
  • FMLA compliance

Wage and Hour Investigations and Litigation:

Our Wage and Hour attorneys provide consulting and litigation services to employers and management in wage and hour collective and class actions as well as government investigations. The Group’s attorneys have secured summary judgment, dismissals, and favorable settlements for clients involved in wage and hour litigation and government investigations.

Wage and Hour Investigations and Litigation services include:

  • Defending employers in federal and state courts against collective and class actions as well as individual cases
  • Defending employers in cases brought under state wage payment laws
  • Litigation avoidance counseling and support pre- and post-trial
  • Defending employers in DOL and state wage and hour investigations

Industry Specific Counsel

Employers face wage and hour challenges specific to their industry, and require counsel that understands their unique legal and business challenges. Our attorneys have experience and insight into diverse range of variety of industries, including:

  • Hospitality Companies: Hotels, Motels, Resorts, Restaurants/Bars, and Management Groups
  • Energy & Utilities: Electric, Marcellus Shale, Natural Gas, Oil & Liquids Pipeline, Renewable/Alternative Energy, and Waste & Wastewater
  • Health Care Providers: Hospitals, Health Care Systems, Nursing Homes, Continuing Care Retirement Communities, Home Health Agencies, Personal Care Homes, and Pharmacies
  • National Retail Chains
  • Professional and Business Services
  • Building Maintenance and Facility Services
  • International Mail and Shipping Services
  • Manufacturing
  • Security Services
  • Call Centers

Read full overview > Read less >

Andrea M. Kirshenbaum

Andrea M. Kirshenbaum

Principal
Chair, Wage and Hour Practice Group

Philadelphia
Phone: 215-587-1126
Fax: 215-320-4711

akirshenbaum@postschell.com

A. James Johnston

A. James Johnston

Principal
Employment and Labor

Philadelphia
Phone: 215-587-1099
Fax: 215-320-4180

ajohnston@postschell.com

David E. Renner

David E. Renner

Principal
Employment and Labor

Pittsburgh
Phone: 412-506-6371
Fax: 412-506-6372

drenner@postschell.com

Sidney R. Steinberg

Sidney R. Steinberg

Principal
Chair, Employment & Employee Relations Practice Group

Philadelphia
Phone: 215-587-1140
Fax: 215-320-4772

ssteinberg@postschell.com

Fara A. Cohen

Fara A. Cohen

Associate
Employment and Labor

Philadelphia
Phone: 215-587-1475
Fax: 215-320-4196

fcohen@postschell.com

Eve R. Keller

Eve R. Keller

Associate
Employment and Labor

Philadelphia
Phone: 215-587-1002
Fax: 215-587-1444

ekeller@postschell.com

Daniel F. Thornton

Daniel F. Thornton

Associate
Employment and Labor

Philadelphia
Phone: 215-587-1462
Fax: 215-587-1444

dthornton@postschell.com

Erik R. Anderson

Erik R. Anderson

Principal
Commercial Litigation

Harrisburg
Phone: (717) 612-6035
Fax: (717) 720-5388

eanderson@postschell.com

Related Practices

  • Casualty Litigation
  • Employment Collective and Class Actions
  • Employment and Employee Relations
  • Health Care
  • Hospitality and Retail

Representative Matters:

  • Defense of large, regional health system in a putative collective action in United States District and two parallel class action Complaints in County Court of Common Pleas. Case involved nurse who sought for herself, and others similarly situated, back wages for unpaid overtime, liquidated damages, and attorneys’ fees under the FLSA, as well as the Pennsylvania Wage Payment and Collection Law (WPCL) and the Pennsylvania Minimum Wage Act (PMWA).
  • Defense of large, regional health system in a putative collective action complaint in federal court for two subclasses of employees seeking back wages for unpaid overtime work, liquidated damages, and attorneys’ fees and costs under FLSA.
  • Defense of a national retail pharmacy in a class action complaint filed by plaintiff and putative class of more than three hundred (300) current and former exempt assistant store managers alleging misclassification in violation of the FLSA and the New Jersey Minimum Wage Law.
  • Provided comprehensive analysis of pay practices related to a business unit for purposes of advising senior management.  Analysis included assessment of risk regarding potential off the clock work, exempt/non-exempt employee classification, role of temporary workforce, audit of policies and review of benefit plan documents.
  • Conducted audit of pay practices of large hospital related to non-exempt workers focusing on potential off-the clock work.  Provided detailed recommendations to client to mitigate against the risk of wage and hour claims.
  • Analyzed job descriptions to assess compliance with white collar FLSA exemptions. Revised job descriptions in collaboration with client.

Insights

News Media & Articles Speaking Engagements Blogs and Thought Leadership

Post & Schell Elects Eight New Principals in the Firm's Casualty, Employment, Energy & Utilities, Insurance, Professional Liability, and White Collar Practices 

Thirty Post & Schell Attorneys Named Super Lawyers for 2020

Twenty-Nine Post & Schell Attorneys Selected to the 2019 Pennsylvania Super Lawyers List

Thirty-One Post & Schell Attorneys Selected to the 2018 Pennsylvania Super Lawyers List

Post & Schell Elects Five New Principals from the Firm's Professional Liability, Labor and Employment, Commercial Litigation, White Collar, and Insurance Law Practices

DRI Appoints Post & Schell's Sid Steinberg as Chair of Employment and Labor Law Committee

Post & Schell Elects Seven New Principals in Harrisburg, Lancaster, Philadelphia, and Pittsburgh Offices

Sidney R. Steinberg Appointed Chair of Post & Schell's National Employment & Employee Relations Practice Group

A. James Johnston Elected as President & CEO by Principals of Post & Schell, P.C.

Philadelphia-Area Hospital Awarded Summary Judgment in Federal Case Involving Two-Day Temporal Proximity and Nurse's "Cat's Paw" Claim

Sid Steinberg Examines the Importance of Consistency in Employee Rating Systems for The Legal Intelligencer

Andrea Kirshenbaum and Fara Cohen Examine Employer COVID-19 Vaccination Programs for The Legal Intelligencer

Andrea Kirshenbaum Discusses Employer COVID-19 Vaccination Programs with Cheddar News Wrap on Dec. 3

Andrea Kirshenbaum Examines Potential COVID-19 Vaccination Programs for HR Executive

Sid Steinberg Examines a Case Involving an Employee Termination for The Legal Intelligencer

Andrea Kirshenbaum Examines Changes to Overtime Exemptions Under the Pennsylvania Minimum Wage Act for The Legal Intelligencer

Andrea Kirshenbaum, Jim Malone, and David Renner Examine the FFCRA and What Employers Need to Know for The Legal Intelligencer

Sid Steinberg Examines an E.D. Pa. FMLA Case for The Legal Intelligencer

Andrea Kirshenbaum Examines COVID-19 Vaccination Programs for Employers for Law360

Andrea Kirshenbaum Examines Wage and Hour Challenges Related to the COVID-19 Pandemic for The Legal Intelligencer

Andrea Kirshenbaum Examines Federal and Pennsylvania Overtime Changes for The Legal Intelligencer

Andrea Kirshenbaum and David Renner Examine New EEO-1 Pay Data Reporting Requirements for The Legal Intelligencer

Andrea Kirshenbaum Examines the DOL's New Proposed Overtime Updates for The Legal Intelligencer

Andrea Kirshenbaum Provides a Wage and Hour Update for The Legal Intelligencer

Andrea Kirshenbaum Examines Proposed Changes to PA's Overtime Salary Thresholds for The Legal Intelligencer

Andrea Kirshenbaum Discusses New Proposed Pennsylvania Overtime Rules with the Philadelphia Inquirer

Sid Steinberg Examines E.D. Pa. Decision Enjoining Salary History Ordinance in Philadelphia for The Legal Intelligencer

Andrea Kirshenbaum Examines the FLSA Impact of The Tip Income Protection Act for The Legal Intelligencer

Andrea Kirshenbaum Examines a Precedential Third Circuit Decision That Defines 'Willfulness' Under the FLSA for The Legal Intelligencer

Andrea Kirshenbaum Examines the Obstacles to Private Resolution of FLSA Claims for The Legal Intelligencer on July 31

Andrea Kirshenbaum Examines State and Local Level Wage and Hour Laws for The Legal Intelligencer on April 4

Andrea Kirshenbaum Examines Labor Secretary Nominee Andrew Puzder and Potential Impact on Labor/Employment Law for The Legal Intelligencer on Jan. 3

Andrea Kirshenbaum and Darren Creasy Examine Efforts to Enjoin the DOL's Final Rule on Salary Exemptions for The Legal Intelligencer on Oct. 3

Andrea Kirshenbaum Examines Tip Credit, Tip Pooling, and the Associated Legal Challenges for Employers for The Legal Intelligencer on Aug. 1

Andrea Kirshenbaum Assesses the Impact of the DOL's Final Rule on Overtime for The Legal Intelligencer on May 20

Andrea Kirshenbaum Examines Employee Reclassification in Light of Expected FLSA Changes in an April 4 article for The Legal Intelligencer

Andrea Kirshenbaum and Darren Creasy Examine the DOL's New Guidance on Joint Employment for Law360 on Jan. 29

Sid Steinberg Examines FLSA Case Involving Paid Work Breaks for The Legal Intelligencer

Andrea Kirshenbaum Details How Employers Can Prepare for the DOL's Final Rule on White Collar Exemptions for The Legal Intelligencer on Jan. 4

Sid Steinberg Examines Minor League Baseball Players' FLSA/Wage and Hour Class Action for The Legal Intelligencer

Andrea Kirshenbaum Examines the Wage and Hour Challenges for the Sharing Economy for The Legal Intelligencer on Nov. 2

Andrea Kirshenbaum Co-Authors Article on the Dual DOL and IRS Threats Presented by Independent Contractor Misclassification for The Legal Intelligencer

Employment Principals Kirshenbaum and Creasy Examine the Impact of DOL's Revised Overtime Rules on the Hospitality Industry for Law360 on Aug. 12

Andrea Kirshenbaum and Darren Creasy Examine the DOL's New Proposed Salary Thresholds for 'White-Collar' Exemptions for The Legal Intelligencer on July 6

Andrea Kirshenbaum and David Renner Analyze "Pay-Per-Visit" Litigation Risks for Home Health Care Organizations in June 2015 AHLA Newsletter on June 24

Employment Principal Andrea Kirshenbaum Examines the DOL's Budget Proposals and Insights into Compliance Priorities for the May 4 Legal Intelligencer

Employment Principal Andrea Kirshenbaum Looks at How the DOL May Adjust White Collar Exemptions under the FLSA in Her Feb. 26 Legal Intelligencer Column

Andrea Kirshenbaum and William Flannery Examine the Impact of PA Supreme Court's Braun Decision for The Legal Intelligencer on Jan. 5

Employment Principal Andrea Kirshenbaum Looks at the Department of Labor's Scrutiny of Wage Practices in the Hospitality Industry for HospitalityLawyer on Dec. 26

Andrea Kirshenbaum Examines Joint Employer Liability Under Wage and Hour Laws for The Legal Intelligencer on Oct. 6

Employment Principal Andrea Kirshenbaum Examines the Wage and Hour Risks Posed by Mobile Workforces for The Legal Intelligencer on Aug. 4

Andrea Kirshenbaum and Kate Kleba Examine Class and Collective Action Waivers for The Legal Intelligencer on June 3

Employment Principal Andrea Kirshenbaum and Associate Darren Creasy Examine the Benefits of Wage and Hour Audits in April 7 issue of The Legal Intelligencer

Employment Principal Andrea Kirshenbaum Examines the Rise in Employee Misclassification Litigation for The Legal Intelligencer

Employment Principal Andrea Kirshenbaum Examines Wage and Hour Trends in 2013 for the Dec. 30 issue of The Legal Intelligencer

Employment Principal Andrea Kirshenbaum Examines Various Wage-and-Hour Laws Throughout the U.S. for The Legal Intelligencer on Oct. 31

Employment Principal Andrea Kirshenbaum Explores the Rise in FLSA Suits for the Legal Intelligencer and Atlanta Daily Report on Aug. 29

Employment & Employee Relations Principal Andrea Kirshenbaum Examines Pa.'s Wage Payment and Collection Law for the Legal Intelligencer on May 23

Andrea Kirshenbaum to Moderate Panel on Impact of COVID-19 Pandemic on Working Mothers on Forum of Executive Women Webinar on Jan. 26

David Renner to Present on Methods for Inclusion, Balancing Free Speech, and Social Justice in the Workplace on DRI Webinar on Nov. 12

Andrea Kirshenbaum and Elizabeth Hein Present Webinar on COVID-19 Vaccination Protocols and Legal Considerations for Employers on Sept. 24

Andrea Kirshenbaum Presents on Employment Law Challenges Associated with Drugs and Alcohol on PBI's 2020 Employment Law Institute Webcast on July 22

David Renner Presents on Wage Issues, Employment Laws, and Employee Discipline and Discharge on NBI Webinar on April 23

Andrea Kirshenbaum and Jim Malone Present on COVID-19 Related Employment Considerations for the Hospitality Industry on PRLA Webinar on March 24

Robin Nagele, Andrea Kirshenbaum, and Elizabeth Hein Present at PBI's 2020 Health Law Institute on March 11 and 12

Andrea Kirshenbaum Presents on New DOL Overtime Rules on PR&LA Webinar on Dec. 13

David Renner Presents Half-Day Seminar for NBI's Pennsylvania Employment Law CLE on Dec. 10

Andrea Kirshenbaum Presents on Hiring Best Practices at Women's Business Enterprise Center Seminar on Oct. 24

Paula Sanders and Andrea Kirshenbaum Present at 6th Annual FSA Compliance and Risk Management Conference on Sept. 24 and 25

Andrea Kirshenbaum Serves on Panel on Employee Misclassification and Related Tax Issues Hosted by the Philadephia Bar Association's Tax Section on Sept. 25

Andrea Kirshenbaum Presents on "Ethics War Stories" at PBI's 2019 Employment Law Institute on April 25

Andrea Kirshenbaum Serves on Panel for Pennsylvania Restaurant & Lodging Association Regarding Hours Tracking in the Digital Age on March 11

Heather Zambelli and David Renner Present at NBI's CLE Seminar "Human Resource Law from A to Z" on August 15

John Joseph and Andrea Kirshenbaum Present on Health Care Employee Leasing Arrangements and Preventing Fraud and Abuse at PBI's 23rd Annual Health Law Institute on March 8

Andrea Kirshenbaum Presents on Pennsylvania Health Care Association Webinar Regarding DOL's New Overtime Rules on July 12

Andrea Kirshenbaum Presents on Pennsylvania Restaurant & Lodging Association Webinar on DOL's Overtime Rules on June 28

Andrea Kirshenbaum Serves as Faculty for PBI CLE Webinar Exploring the DOL's Final Rule on Overtime on June 8

Andrea Kirshenbaum Provides an Overview of the Department of Labor's Overtime Rules and Impact on Employers

Andrea Kirshenbaum Provides FLSA/Wage and Hour Update for Benefits and Compensation Professionals on March 10

Post & Schell Employment, White Collar and Health Care Attorneys Present at PBI's 22nd Annual Health Law Institute on March 15 and 16

Andrea Kirshenbaum Serves as Faculty for PBI's Wage & Hour Symposium on Nov. 20

Post & Schell Hosts Greater Philadelphia Hotel Association on Oct. 15 For Seminar on Overtime Exemptions/Worker Misclassification Impact on Hotels

2015 Post & Schell Labor & Employment Seminar

Employment Principal Andrea Kirshenbaum Presents on Remote Workforce Wage and Hour Concerns at 2014 PAR Solutions Conference on Nov. 11

Employment Principal Andrea Kirshenbaum Presented "Wage and Hour: What Employers Need to Know" at the Greater Philadelphia Chamber of Commerce on April 30

Principals Robin Nagele and Andrea Kirshenbaum Explore Extending "Employee" Rights to Medical Staff at PBI's 20th Health Law Institute on March 14

Employment Principal Andrea Kirshenbaum Presents on Employment Law Considerations at PEBA M&A Bootcamp on Jan. 16

Employment Principal Andrea Kirshenbaum Served as Faculty for PBI's Wage & Hour Law Symposium on Nov. 11

Andrea Kirshenbaum Participates in Panel Discussion on HR Considerations for Small Businesses

COVID-19 Relief Package Signed into Law 

Congress Extends FFCRA Paid Leave...Sorta

Pittsburgh City Council Approves COVID-19-Related Paid Sick Leave

New York Federal Court Strikes Down Four FFCRA Regulations

Title VII Bars Discrimination Against Gay and Transgender Employees, Supreme Court Holds

Post & Schell, P.C.'s Paycheck Protection Program Loan Forgiveness Tool

DOL to Begin Enforcement of FFCRA Paid Leave Obligations; Issues Additional FAQs

Pennsylvania Amends its Unemployment Law in Response to COVID-19

Employment Taxes During the COVID-19 Pandemic

DOL Issues Much Anticipated Regs and IRS Issues Guidance on Families First Coronavirus Response Act

DOL Issues Third Round of Guidance on Families First Coronavirus Response Act

DOL Issues Second Round of Guidance on Families First Coronavirus Response Act

DOL Issues Initial Guidance on Families First Coronavirus Response Act and Publishes Required Model Notice

Employment Tax Aspects of the Coronavirus Response Act

Workers' Compensation Rights/ Obligations in Light of the Forced Government Shutdown Due to COVID-19

EEOC Issues New Guidance for Managing COVID-19 Risks Consistent with the ADA

President Signs Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

House Amends Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

U.S. House Passes Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

City of Pittsburgh's Paid Sick Days Act Mandating Employers Provide Employees Paid Sick Time Becomes Effective March 15, 2020

U.S. Department of Labor Issues Final Overtime Rule

New Jersey Toughens Wage and Hour Laws

New Jersey Enacts Salary History Inquiry Ban

SCOTUS Holds That Employer's Title VII Administrative Exhaustion Defense is Waived if Not Timely Raised

U.S. Department of Labor Proposes New Overtime Rule

Philadelphia City Council Passes Fair Workweek Ordinance

New Jersey Paid Sick Leave Law Takes Effect

U.S. Supreme Court Rules in Favor of Employers in Class Action Waiver Case

New Jersey Governor Phil Murphy Signs Expansive Pay Equity Bill Into Law

Proposal Would Make More Pennsylvania Workers Eligible for Overtime

Steps Employers Can Take to Prevent and Respond to Claims of Sexual Harassment

Amendment to Philadelphia's Fair Practices Ordinance Bars Employers from Inquiring About a Prospective Employee's Wage History

Entire DOL Overtime Rule Enjoined Nationwide

Department of Labor Announces Final Overtime Rule

DOL's Administrator Interpretation Solidifies Aggressive Stance in Joint Employment Debate

Philadelphia's Mandatory Sick Pay Ordinance Signals Businesses to Audit Current Wage Practices

A Grimm Reminder: Routine Employment Issues Can Lead to Serious (and Potentially Criminal) Headaches

Time for Hospitality Employers to Prepare for Affordable Care Act Obligations

NLRB's Northwestern Football Ruling Could Prove Disruptive, But Not a Done Deal, Yet

Quality Metrics, Contractors and the "Right to Control": Extending "Employee" Rights to the Independent Medical Staff

Supreme Court's Analysis in Sandifer Offers Glimpse into its Broader Thinking on FLSA

Labor Department's Final Rule Dramatically Expands FLSA Coverage for Home Care Workers

 

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