Elaine Diedrich advises clients concerning employment-related matters and represents clients in federal and state courts. Ms. Diedrich counsels employers on every aspect of employee-related issues, including advising clients concerning leave requests, disciplinary issues, requests for accommodations, employer policies and handbooks, employee and supervisor training, advice related to expanding business and start-up businesses, lay-offs, severances, union avoidance, and unemployment compensation. Her employment litigation work involves representation of employers in administrative proceedings (before the EEOC and State administrative bodies) and in lawsuits brought under state and federal anti-discrimination laws, ERISA, whistblower laws, and for wrongful discharge. Ms. Diedrich assists clients with OFCCP compliance and prepares Affirmative Action Plans for government contractors to comply with E.O. 11246, the Rehabilitation Act, and VEVRAA. Ms. Diedrich also has vast experience in representing clients in injunction and TRO matters involving violations of non-compete and confidentiality agreements and for misappropriation of trade secrets. Ms. Diedrich also advises clients on matters related to wage and hour, such as classifying workers as exempt or non-exempt and as employees or independent contractors, to avoid future issues on classification of workers, as well as in response to audits by state and federal agencies.
Areas of Experience
Labor and Employment
Preventative Measures; Policy Review and Training: Ms. Diedrich focuses much of her practice on counseling employers in all industries on measures they can take to reduce employment-related litigation and issues. This includes preparing or revising employer policies and handbooks; training supervisors on best practices related to handling workplace issues, properly addressing matters that may give rise to discrimination claims, documenting discipline, preparing annual reviews, providing offer letters, employment agreements, and confidentiality agreements for new (and current) employees. Ms. Diedrich's practice also includes day-to-day advice for HR and executives on handling employee issues such as addressing leave or accommodation requests by employees, handling terminations and layoffs, employee discipline, compliance with the Americans with Disabilities Act, Family Medical Leave Act, and employment laws.
Start-Up Company and Expanding Company Practice: Ms. Diedrich assists start-up and expanding companies by providing employment-related materials (such as handbooks, intellectual property, non-compete, and confidentiality agreements and federal and state-required documentation for employees) to the company, which is critical in avoiding future issues and law suits.
Employment Litigation Practice: Ms. Diedrich assists employers with employment litigation, such as state and federal litigation under discrimination laws, ERISA claims, wrongful discharge claims, whistleblower claims, and business competition litigation, including obtaining and defending against temporary restraining orders and injunctions. She also represents employers in unemployment compensation matters.
Labor Practice: Ms. Diedrich assists employers with union matters such as union avoidance, union election campaigns, and representation in unfair labor practice proceedings before the National Labor Relations Board (NLRB).
· Ms. Diedrich trains management employees on best practices for avoiding unionization;
· Ms. Diedrich has successfully defendant union campaigns for clients, including one in which the vote was 42 against unionization and only six for the union.
Energy Practice: Ms. Diedrich advises and litigates matters related to employment matters that arise in the energy industry. This includes advising clients on best practices for obtaining or maintaining independent contractor status of workers; advising clients prior to and during audits by federal and state agencies regarding the status of workers as employees or independent contractors and other wage hour laws, preparing independent contracts or agreements, and litigating independent contractor status issues in the Unemployment Compensation Board of Review and other agencies.
· Ms. Diedrich successfully litigated a matter for a client in the energy industry concerning the status of landmen as independent contractors.
· Ms. Diedrich successfully resolved a matter brought against a client in the energy industry by a sales representative asserting unpaid wages under the Pennsylvania Wage Payment Collection Law.
· Ms. Diedrich regularly prepares independent contractor agreements and counsels clients on ways to maintain independent contractor status of workers.
Professional Affiliations
· Allegheny County Bar Association
Other Distinctions
· Named a 'Pennsylvania Rising Star' by Super Lawyers - 2007, 2008
News
12/12/2008, Twelve Schnader Attorneys Recognized as "Pennsylvania Rising Stars"
04/03/2008, Schnader Names Six New Partners
02/25/2008, Diedrich Notes Legal Issues of Portable Confidential Information
01/11/2008, Twelve Schnader Attorneys Honored as 2007 'Pennsylvania Rising Stars'
05/05/2005, Labor and Employment Team Helps Defeat Unfair Labor Practice Charge
Related Events
10/26/2011, Schnader's Pittsburgh Office Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
10/06/2011, Schnader Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
Publications
Articles
08/29/2012, "Department of Labor Targets Oil and Gas Industry on Wage and Hour Violations"
06/02/2011, "Leave Laws: Pennsylvania"
04/26/2011, "Background Check Laws: Pennsylvania"
03/17/2011, "Drug Testing Laws: Pennsylvania"
02/17/2011, "Anti-discrimination Laws: Pennsylvania"
02/01/2011, "Employment Claims in Release Agreements: Pennsylvania"
05/13/2010, "Mini-WARN Acts: Pennsylvania"
Alerts
08/08/2012, Pennsylvania Public Works Contractors and Subcontractors Must Use E-Verify
12/22/2011, Make Your First New Year's Resolution: Take a Look at Your Independent Contractor Relationships
12/03/2010, It's Now or Never: What Employers Need to Do Now to Comply with the New Healthcare Laws
Newsletters
06/01/2006, Pro Bono Newsletter
05/01/2005, Pro Bono Newsletter
Speaking Engagements
10/26/2011, Schnader's Pittsburgh Office Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
10/06/2011, Schnader Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It