Lee C. Durivage: Lawyer with Marshall Dennehey Warner Coleman & Goggin, P.C.

Lee C. Durivage

Lee C. Durivage is an associate with Marshall, Dennehey, Warner, Coleman & Goggin. His practice revolves around the following areas of law: employment law-employer, labor law, environmental law, and toxic torts.
Phone(215) 575-2584

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Experience & Credentials
 

Practice Areas

  • Employment Law - Employer
  • Labor Law
  • School Leaders Liability
  • Public Entity and Civil Rights Litigation
  • Toxic Torts
  • Environmental Law
 
University Syracuse University, Syracuse, New York, B.S., Communication & Rhetorical Studies, Political Science, 2004
 
Law SchoolWidener University School of Law, Wilmington, Delaware, J.D., cum laude, 2007 Business Organizations Law Certificate, With Honors, Moe Levine Trial Advocacy Honor Society, Member, Delaware Journal of Corporate Law, Articles Editor
 
Admitted2007, New Jersey; 2007, Pennsylvania; 2014, U.S. District Court Middle District of Pennsylvania; 2013, U.S. District Court of New Jersey; 2007, U.S. District Court Eastern District of Pennsylvania
 
Memberships 

Associations & Memberships
•American Bar Association
•Pennsylvania Bar Association
•Philadelphia Bar Association

 
Biography

Lee is a member of the Employment Law Practice Group and represents employers in the full spectrum of discrimination, harassment and retaliation claims, including claims pursuant to Title VII, the ADA, the ADEA, the FMLA, whistleblower, housing discrimination and related tort claims. He is experienced in handling wage and hour lawsuits, including class and collective actions, pursuant to the FLSA, the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law.

Lee serves as lead counsel for clients from a wide range of industries, including construction, manufacturing, restaurant and hospitality, education, real estate development, health care and non-profit organizations. He has served as lead counsel in a number of employment litigation matters in federal court and state court, as well as before the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission, the Philadelphia Commission on Human Relations. Additionally, Lee advises clients on how to avoid employment disputes altogether by counseling them on compliance with federal, state and local laws with respect to hiring, discipline, medical leave and terminations, as well as conducting workplace investigations and creating and updating employment policies and procedures to proactively manage employee relations. In 2004, Lee graduated from Syracuse University with a double major in Communications & Rhetorical Studies and Political Science. Following graduation, he attended Widener University School of Law, receiving his juris doctor, cum laude, in 2007 and was awarded a Business Organization Law Certificate, with honors.

During his time in law school, Lee served as an administrative board member of the Delaware Journal of Corporate Law and as a member of the Moe Levine Trial Advocacy Honor Society. He joined Marshall Dennehey Warner Coleman & Goggin as a Summer Associate in May 2006 and continued to work with the firm during his final year of law school. Following graduation, Lee returned to the firm as an associate in August 2007.

In addition to his employment practice, Lee has experience litigating environmental, toxic tort and professional liability matters. He has been recognized as a Pennsylvania Super Lawyer: Rising Star by Philadelphia Magazine in the area of Employment Litigation: Defense in 2012, 2013 and 2014. Rising Stars are chosen by their peers as being among the top-up-and-coming lawyers in Pennsylvania. Only 2.5 percent of Pennsylvania attorneys receive this honor each year.

Classes/Seminars Taught

EPL Training, Berkley Mid-Atlantic Group, co-presenter, June 26, 2014

Social Media & Cyber Breaches: the Internet's Impact on Your Business, The Graham Company, co-presenter, May 2014

Honors & Awards
•Pennsylvania Super Lawyer Rising Star, Employment Litigation: Defense, 2012-2014

Year Joined Organization

2006

Publications

•Pennsylvania Employment Law Update, Counterpoint, newsletter of the Pennsylvania Defense Institute, April 2014, Dec. 2013, Aug. 2013, April 2013, Dec. 2012, Aug. 2012, April 2012, Oct. 2011, April 2011, Jan. 2010, Oct. 2009, April 2009, Jan. 2009, Oct. 2008

•Avoiding Age Discrimination Claims in Succession Planning, The Legal Intelligencer, June 11, 2013

•When Does Striving for a Health Workforce Violate the Law?, The Legal Intelligencer, June 12, 2012

•The Continued Expansion of the ADA: The Equal Employment Opportunity Commission's Updated Regulations In Light of the Americans with Disabilities Act Amendments Act, Counterpoint, newsletter of the Pennsylvania Defense Institute, Oct. 2011

•Undue Hardship: the Employer's Burden Under the ADAAA, The Legal Intelligencer, June 15, 2011

Publication

The Pennsylvania Supreme Court affirms decision to uphold $187 million judgment in favor of employees who were allegedly forced to work off the clock and skip breaks.
Law Alerts • January 6, 2015
The Pennsylvania Supreme Court affirmed a decision upholding a jury verdict and award in favor of a class of Wal-Mart employees who were allegedly forced to work through their break periods in violation of the company's policy....
The United States Supreme Court holds that time spent undergoing post-shift security screenings was not compensable under the Fair Labor Standards Act.
Law Alerts • January 6, 2015
A class of plaintiffs, who were tasked to retrieve items from warehouse shelves and package them for shipment to Amazon.com, customers filed this lawsuit, alleging that they were not paid for the time it took to undergo post-shift security..., Case Law Alerts, 1st Quarter, January 2015
The court finds that plaintiff's Section 1981 retaliation claim failed when he was unable to demonstrate an underlying race discrimination claim.
Law Alerts • January 6, 2015
Plaintiff alleged that he complained that four swastikas were graffitied on the wall of a janitor's closet at a client's location and that his employment was terminated in retaliation for his complaint. The court, however, rejected..., Case Law Alerts, 1st Quarter, January 2015
Third Circuit finds that docking plaintiff's pay was not an adverse employment action to support a claim for retaliation.
Law Alerts • January 6, 2015
Plaintiff asserted that he was provided with a verbal warning, a written warning and was docked 15 minutes of pay in retaliation for “not fitting into a traditional male role as [the] breadwinner” for his family. The Third Circuit, in..., Case Law Alerts, 1st Quarter, January 2015
The Pennsylvania Commonwealth Court confirms that retaliation for requesting workers compensation benefits from an employer may support a wrongful discharge claim under Pennsylvania common law.
Law Alerts • January 6, 2015
The Pennsylvania Commonwealth Court reversed a decision sustaining an employer's preliminary objections, holding that a cause of action exists under Pennsylvania common law for wrongful discharge of an employee who requests workers'..., Case Law Alerts, 1st Quarter, January 2015
Plaintiff has standing to maintain claims for disability discrimination against grocery stores despite the fact that he never visited many of the stores.
Law Alerts • January 6, 2015
The plaintiff asserted claims on behalf of a class of disabled patrons of a grocery store chain, alleging that architectural barriers existed in the parking lots of the stores, a violation of the Americans with Disabilities Act and which prohibited..., Case Law Alerts, 1st Quarter, January 2015
Pennsylvania Superior Court holds that there is no right to a jury trial under the Pennsylvania Whistleblower Law.
Law Alerts • January 6, 2015
The plaintiff appealed the court's decision striking the plaintiff's request for a jury trial on his claims under the Pennsylvania Whistleblower Law following a bench trial that resulted in a verdict in favor of the plaintiff's..., Case Law Alerts, 1st Quarter, January 2015
Third Circuit holds that plaintiff's assertion that she failed to receive an FMLA notice created a question of fact on an FMLA interference claim.
Law Alerts • January 6, 2015
Plaintiff asserted that her former employer failed to comply with the FMLA when it did not provide her with the notice of her rights under the FMLA. The employer contested plaintiff's contentions and asserted that it did, in fact, send..., Case Law Alerts, 1st Quarter, January 2015
The court granted employers motion to dismiss, holding that plaintiffs wrist injury was not a disability under the Americans with Disabilities Act as a matter of law.
Law Alerts • July 1, 2014
The plaintiff alleged that she sustained a wrist injury during her employment and that the injury resulted in chronic tendonitis, which required her to wear a wrist splint and restricted her lifting to less than 20 pounds. Following her injury..., Case Law Alerts, 3rd Quarter, July 2014
Third Circuit upholds court's dismissal of plaintiffs race discrimination claim, finding that a single utterance of the phrase you people fails to establish a race discrimination claim.
Law Alerts • July 1, 2014
The Third Circuit upheld the dismissal of a plaintiff's claims of race discrimination following her dismissal from a nurse anesthetist program. The plaintiff received a failing grade and was dismissed from the program based upon poor..., Case Law Alerts, 3rd Quarter, July 2014

News

Marshall Dennehey Partners With Widener Law Schools Veterans Law Clinic
August 2, 2013
Marshall Dennehey Warner Coleman & Goggin has partnered with the Veterans Law Clinic of Widener Law School to provide pro bono legal services through its Volunteer Attorney Program. The clinic provides free legal representation to veterans and their dependents with disability compensation...

 
ISLN919574302
 

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The Pennsylvania Supreme Court Affirms Decision to Uphold $187 Million Judgment in Favor of Employees Who Were Allegedly Forced to Work Off the Clock and Skip Breaks.
Lee C. Durivage, January 29, 2015
The Pennsylvania Supreme Court affirmed a decision upholding a jury verdict and award in favor of a class of Wal-Mart employees who were allegedly forced to work through their break periods in violation of the company's policy. Specifically, the class of plaintiffs alleged, inter alia, that the...
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Office Information

Lee C. Durivage

2000 Market Street, Suite 2300
PhiladelphiaPA 19103




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