Post & Schell, P.C.

Wage and Hour

Practice Group Chair

Theresa A. Mongiovi
717-391-4410
215-587-1475
tmongiovi@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, as well as 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), mandate 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 a diverse range of variety of industries, including:

  • Energy & Utilities: Electric, Marcellus Shale, Natural Gas, Oil & Liquids Pipeline, Renewable/Alternative Energy, and Waste & Wastewater
  • Hospitality Companies: Hotels, Motels, Resorts, Restaurants/Bars, and Management Groups
  • 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 Court 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 of a regulated electric utility 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
Theresa A. Mongiovi

Theresa A. Mongiovi

Principal
Chair, Employment and Labor Practice Group

Lancaster
Phone: 717-391-4410
Mobile: 717-468-2066
Fax: 717-291-1609

tmongiovi@postschell.com

Caitlin Donahue, Esq.

Caitlin A. Donahue

Associate
Employment & Labor

Lancaster
Phone: 717-391-4431
Fax: 717-291-1609

cdonahue@postschell.com

A. James Johnston

A. James Johnston

Principal
Employment and Labor

Philadelphia
Phone: 215-587-1099
Fax: 215-587-1444

ajohnston@postschell.com

Erin Kawa

Erin R. Kawa

Principal
Commercial Litigation

Harrisburg
Phone: 717-612-6057
Fax: 717-720-5385

ekawa@postschell.com

Angela H. Sanders

Angela H. Sanders

Principal
Employment and Labor

Lancaster
Phone: 717-391-4436
Mobile: 717-649-1057
Fax: 717-291-1609

asanders@postschell.com

Philip Sbrolla - Post & Schell

Philip J. Sbrolla

Principal
Casualty Litigation

Pittsburgh
Phone: 412-506-6377
Fax: 412-227-9065

psbrolla@postschell.com

News & Insights

News

Toggle Button Open

Theresa A. Mongiovi Appointed Chair of Post & Schell's Employment & Labor Practice Group

Theresa A. Mongiovi and Angela H. Sanders Join Post & Schell as Principals in the Firm's Employment and Labor Practice Group

Forty-One Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2021

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

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

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

Media & Articles

Toggle Button Open

Theresa Mongiovi Discusses Pay Disclosure Laws and Impact on Employers with Bloomberg Law

Angela Sanders Examines DOL's Notice of Proposed Rulemaking Regarding Tip Regulations Under the FLSA for The Legal Intelligencer

Speaking Engagements

Toggle Button Open

Angela Sanders Provides Employment Law Update for Municipal Employers at the PSATS South Central Regional Forum on Aug. 31

Angela Sanders and Matt Daggett Co-Present on the Interaction between FMLA, ADA, and Workers' Compensation for Lancaster SHRM on Sept. 30

Theresa Mongiovi and Jodi Wilenzik Present on Workplaces Investigations and Best Practices at Lancaster SHRM's June 2022 Breakfast Program on June 14

Theresa Mongiovi and Angela Sanders Present on Post-Pandemic Wage and Hour Issues for Lancaster SHRM on Sept. 14

Angela Sanders Present on DOL Guidance on Pay Practices for Tipped Employees on PRLA Webinar on Aug. 3

Theresa Mongiovi Provides Federal Employment Law Update on Net@Work Webinar on July 23

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

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

2015 Post & Schell Labor & Employment Seminar

Blogs and Thought Leadership

Toggle Button Open

DOL’S 2024 Salary Threshold Increase Vacated by Texas Court

NLRB’s New Rule Expanding Joint Employer Status: Impacts and Recommendations for Employers

Employers Must Justify COVID-19 Testing as a “Business Necessity” Under Updated EEOC Guidance

U.S. Supreme Court Blocks OSHA “Vaccinate or Test” Mandate But Upholds CMS’ Vaccine Requirement for Healthcare Workers 

Sixth Circuit Dissolves Stay on OSHA's 100+ Employer COVID-19 Vaccine Mandate

Fifth Circuit Maintains Stay on OSHA’s 100+ Employer Mandate, Case Assigned to Sixth Circuit

A Refresher on Philadelphia’s Fair Workweek Employment Standards Ordinance

National Trend: Criminal Prosecution of Employers for Improper Pay Practices

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

New Jersey Enacts Salary History Inquiry Ban

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

Philadelphia City Council Passes Fair Workweek Ordinance

New Jersey Paid Sick Leave Law Takes Effect

Proposal Would Make More Pennsylvania Workers Eligible for Overtime

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

Department of Labor Announces Final Overtime Rule

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

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

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, as well as 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), mandate 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 a diverse range of variety of industries, including:

  • Energy & Utilities: Electric, Marcellus Shale, Natural Gas, Oil & Liquids Pipeline, Renewable/Alternative Energy, and Waste & Wastewater
  • Hospitality Companies: Hotels, Motels, Resorts, Restaurants/Bars, and Management Groups
  • 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 >

Theresa A. Mongiovi

Theresa A. Mongiovi

Principal
Chair, Employment and Labor Practice Group

Lancaster
Phone: 717-391-4410
Mobile: 717-468-2066
Fax: 717-291-1609

tmongiovi@postschell.com

Caitlin Donahue, Esq.

Caitlin A. Donahue

Associate
Employment & Labor

Lancaster
Phone: 717-391-4431
Fax: 717-291-1609

cdonahue@postschell.com

A. James Johnston

A. James Johnston

Principal
Employment and Labor

Philadelphia
Phone: 215-587-1099
Fax: 215-587-1444

ajohnston@postschell.com

Erin Kawa

Erin R. Kawa

Principal
Commercial Litigation

Harrisburg
Phone: 717-612-6057
Fax: 717-720-5385

ekawa@postschell.com

Angela H. Sanders

Angela H. Sanders

Principal
Employment and Labor

Lancaster
Phone: 717-391-4436
Mobile: 717-649-1057
Fax: 717-291-1609

asanders@postschell.com

Philip Sbrolla - Post & Schell

Philip J. Sbrolla

Principal
Casualty Litigation

Pittsburgh
Phone: 412-506-6377
Fax: 412-227-9065

psbrolla@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 Court 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 of a regulated electric utility 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

Theresa A. Mongiovi Appointed Chair of Post & Schell's Employment & Labor Practice Group

Theresa A. Mongiovi and Angela H. Sanders Join Post & Schell as Principals in the Firm's Employment and Labor Practice Group

Forty-One Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2021

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

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

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

Theresa Mongiovi Discusses Pay Disclosure Laws and Impact on Employers with Bloomberg Law

Angela Sanders Examines DOL's Notice of Proposed Rulemaking Regarding Tip Regulations Under the FLSA for The Legal Intelligencer

Angela Sanders Provides Employment Law Update for Municipal Employers at the PSATS South Central Regional Forum on Aug. 31

Angela Sanders and Matt Daggett Co-Present on the Interaction between FMLA, ADA, and Workers' Compensation for Lancaster SHRM on Sept. 30

Theresa Mongiovi and Jodi Wilenzik Present on Workplaces Investigations and Best Practices at Lancaster SHRM's June 2022 Breakfast Program on June 14

Theresa Mongiovi and Angela Sanders Present on Post-Pandemic Wage and Hour Issues for Lancaster SHRM on Sept. 14

Angela Sanders Present on DOL Guidance on Pay Practices for Tipped Employees on PRLA Webinar on Aug. 3

Theresa Mongiovi Provides Federal Employment Law Update on Net@Work Webinar on July 23

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

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

2015 Post & Schell Labor & Employment Seminar

DOL’S 2024 Salary Threshold Increase Vacated by Texas Court

NLRB’s New Rule Expanding Joint Employer Status: Impacts and Recommendations for Employers

Employers Must Justify COVID-19 Testing as a “Business Necessity” Under Updated EEOC Guidance

U.S. Supreme Court Blocks OSHA “Vaccinate or Test” Mandate But Upholds CMS’ Vaccine Requirement for Healthcare Workers 

Sixth Circuit Dissolves Stay on OSHA's 100+ Employer COVID-19 Vaccine Mandate

Fifth Circuit Maintains Stay on OSHA’s 100+ Employer Mandate, Case Assigned to Sixth Circuit

A Refresher on Philadelphia’s Fair Workweek Employment Standards Ordinance

National Trend: Criminal Prosecution of Employers for Improper Pay Practices

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

New Jersey Enacts Salary History Inquiry Ban

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

Philadelphia City Council Passes Fair Workweek Ordinance

New Jersey Paid Sick Leave Law Takes Effect

Proposal Would Make More Pennsylvania Workers Eligible for Overtime

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

Department of Labor Announces Final Overtime Rule

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

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

 

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