Practice Areas & Industries: Duane Morris LLP


Employment, Labor, Benefits and Immigration Return to Practice Areas & Industries

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Practice/Industry Group Overview

Duane Morris' Employment, Labor, Benefits and Immigration attorneys provide clients with a wide spectrum of global services - from timely advice on regulatory issues through litigation developments. With dozens of attorneys focusing on these integrated areas, we provide comprehensive analyses of workplace issues affecting our clients domestically and internationally. Our clients benefit from the integration of employment, labor, benefits and immigration services in order to meet the complexities of today's business environment.

Duane Morris' employment lawyers offer practical counseling designed to help our clients achieve their business objectives and resolve potentially disruptive labor and employment disputes. Our lawyers aggressively promote client interests before state and federal courts and in mediation and arbitration proceedings, as well as before the Equal Employment Opportunity Commission, the Department of Labor, the federal Wage and Hour Division, and all other state and federal agencies. On the labor relations side, our lawyers have experience assisting employers in responding to union organizing efforts and regularly defend employers against unfair labor practice charges filed with the National Labor Relations Board. In cases where a union is already present, our lawyers represent clients in the collective bargaining process as well as in labor arbitration proceedings.

Duane Morris' employee benefits attorneys provide clients with the full range of benefits-related legal services, understanding that creating and maintaining effective employee benefits and compensation programs requires a delicate balancing of employee needs, company culture, cost, competitive pressures, and administrative and regulatory complexity. From qualified retirement plans to sophisticated equity compensation arrangements and from executive employment agreements to broad-based health and welfare plans, the firm's benefits lawyers combine practical experience with high-quality and efficient service that leads to practical solutions.

Duane Morris' immigration attorneys have a comprehensive knowledge of the legal, political and business context in which immigration and naturalization concerns arise. Our immigration attorneys have a reputation for responsiveness and efficiency, as well as a thorough understanding of immigration law and knowledge of bureaucratic intricacies, frequently dealing with decision makers at the Department of Homeland Security and Departments of State and Labor. One partner is a former president of the American Immigration Lawyers Association and served as an advisor on immigration matters to the Clinton administration's transition team. Our attorneys represent clients in all facets of immigration- and naturalization-related issues.

With each client, we incorporate business and cultural concerns into our advice in employment and immigration matters. With in-depth knowledge of current federal agency requirements, changing laws and fiduciary responsibilities, we provide sound strategic advice for our clients. We also work interdepartmentally with members of the firm's tax, corporate, reorganization and finance, and healthcare practice groups to assist in completing business transactions in a comprehensive manner.

Our clients range from sole proprietors and small, closely held family businesses to New York Stock Exchange-listed companies, and include multinational conglomerates, governmental entities, hospitals, universities, trade associations, churches and other nonprofit organizations.

Group Presentations
  Duane Morris Partner John Nixon to Speak at the National Association of Public Pension Attorneys (NAPPA) 2015 Legal Education Conference, Austin, TX, June 23, 2015
Duane Morris Attorney Maxine D. Bayley to Speak at Obama's Executive Action: How it Impacts Immigrants, San Francisco, CA, May 7, 2015
Duane Morris Partner Lori Ocheltree to Speak at National Business Institute Conference, San Francisco, CA, May 6, 2015
Duane Morris Partner Jonathan Segal to Present at SHRM's 15th Annual Legislative and Legal Conference, Harrisburg, PA, May 1, 2015
Duane Morris Partner Michael S. Cohen to Speak at the Human Resources Association of Southern Maryland Meeting, California, MD, April 15, 2015
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Articles Authored by Lawyers at this office:

Philadelphia Sick Leave Law on Promoting Healthy Families and Workplaces Goes into Effect
, May 25, 2015
Philadelphia's mandatory sick leave ordinance, "Promoting Healthy Families and Workplaces," goes into effect on May 13, 2015. In connection with its enactment, the City of Philadelphia has now issued a mandatory poster.

EEOC Proposed Rule Would Amend Regulations and Interpretive Guidance Implementing Title I of ADA Related to Employer Wellness Programs
, April 22, 2015
On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule amending the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) as they relate to employer wellness programs. The proposed rule provides guidance on the...

New York City Council Passes Bill Prohibiting Employers from Requesting or Using Consumer Credit History in Employment Decisions
, April 22, 2015
On April 16, 2015, the New York City Council passed a bill (Intro. No. 261-A, 2014) that would amend the New York City Human Rights Law to prohibit employers from requesting or using an individual's consumer credit history in making employment decisions. The prohibition applies to all employment...

National Labor Relations Board General Counsel Issues Guidance on Rules of Conduct
, April 14, 2015
On March 18, 2015, the General Counsel (GC) of the National Labor Relations Board ("Board") issued Memorandum GC 15-04 to the Regional Offices of the Board with respect to the application of the National Labor Relations Act (the "Act") to conduct and other rules issued by...

SEC Declares Open Season on Employee Agreements
, April 14, 2015
On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced an enforcement action¿the first of its kind¿against KBR, Inc., for requiring employees involved in internal investigations to maintain confidentiality, which is in violation of the SEC's whistleblower rules.

Supreme Court Reinstates Pregnancy Discrimination Claim Against UPS
, April 01, 2015
The U.S. Supreme Court on March 25, 2015, vacated a Fourth Circuit Court of Appeals decision and revived a pregnancy discrimination lawsuit brought against United Parcel Service (UPS).

Lawyer in Vietnam Oliver Massmann Labor Law
Oliver Massmann, March 30, 2015
The Vietnamese labor law is oriented employee-friendly to the greatest extent and in most cases is interpreted to the disadvantage of the employer. It has an effect particularly in labor law-related disputes which are in most cases decided in favor of the employee. The employment contract has to be...

Prevailing Wage Violation Invites Unsuccessful Bidder’s Tort Claim
Robert C. Hendrickson, March 25, 2015
Failing to pay prevailing wages on a public works project can have consequences beyond labor code penalties and claims for unpaid wages. Contractors who “unlawfully deflate their labor costs” by intentionally violating prevailing wage laws in order to win contracts are also subject to...

A New Protected Disclosure Venue Suggests Permanence For Demonstration Project Federal Contractor Employees’ Whistleblower Protections
Michael J. Schrier, March 19, 2015
In 2013, Congress enacted 41 U.S.C. § 4712 to provide whistleblower protections to employees of federal contractors who made disclosures concerning alleged “evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a...

Long-Awaited Work Authorization Rule for H-4 Spouses Published February 24, 2015: First Day to File Applications Is May 26, 2015
, March 13, 2015
On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status are eligible to apply for work authorization.

DOL Issues FMLA Final Rule Recognizing Same-Sex Marriages and Establishing "Place of Celebration" as New Rule for Defining Spouse
, March 03, 2015
The United States Department of Labor (DOL) announced that on February 25, 2015, it will issue a Final Rule revising the regulations to the Family and Medical Leave Act (FMLA) to provide that the term "spouse" means a husband or wife and "refers to the other person with whom an...

New Jersey Supreme Court Adopts Affirmative Defense Under Federal Law to Claims of Supervisory Harassment Under State Law
, March 03, 2015
On February 11, 2015, the New Jersey Supreme Court decided Aguas v. New Jersey and established that New Jersey employers have an affirmative defense to claims of vicarious liability for supervisory harassment arising under the Law Against Discrimination (LAD).

Philadelphia Passes Sick Leave Law
, March 03, 2015
On February 12, 2015, Philadelphia council members voted 14-2 to approve a bill mandating sick leave to eligible Philadelphia employees. Similar bills had been introduced and won passage twice before, in 2011 and 2013, but Mayor Michael Nutter vetoed them both times. This time, Mayor Nutter signed...

N.Y. Wage-and-Hour Update: Gov. Cuomo Eliminates the Annual Wage Notice Requirement
, February 17, 2015
On December 29, 2014, New York Governor Andrew M. Cuomo signed a bill eliminating the Wage Theft Prevention Act's requirement that all private New York employers provide written wage rate notices to their employees by February 1 each year. The original law, which took effect on April 9, 2011,...

NLRB Overturns Register Guard and Holds Employee Use of Email on Nonworking Time for Union Organizing Must Presumptively Be Permitted
, February 17, 2015
On December 11, 2014, a divided National Labor Relations Board (the "Board") overturned its 2007 decision in Register Guard and held that employee use of email on nonworking time for Section 7 purposes must presumptively be permitted by employers who have chosen to give employees access...

New California Anti-Bullying Law Likely to Have Wide-Reaching Impact
, February 16, 2015
Since 2006, California law has required all employers of 50 or more who conduct business in the state to provide at least two hours of interactive training and education regarding sexual harassment to all supervisory employees. That training is required at least once every two years and must be...

New Jersey Supreme Court Rules on Proper Test for Determining Independent Contractor Status
, February 16, 2015
On January 14, 2015, a unanimous New Jersey Supreme Court ruled in the closely watched case of Hargrove v. Sleepy's, LLC (N.J. Sup. Ct. A-70-12) (072742), that the proper test for determining independent contractor status under New Jersey wage-and-hour laws is the ABC test. Among the various tests...

U.S. Supreme Court Decides Time Spent in the Security Screening Process Is Not Compensable Under the FLSA
, February 16, 2015
The U.S. Supreme Court handed down a unanimous opinion on December 9, 2014, in Integrity Staffing Solutions Inc. v. Busk et al., ruling that employees' time spent waiting to undergo and undergoing post-shift security screenings is not compensable under the Fair Labor Standards Act (FLSA).