Post & Schell, P.C.

Employment and Employee Relations

Contact

Theresa A. Mongiovi
717-391-4410
tmongiovi@postschell.com

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Overview

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Our national Employment & Employee Relations Practice Group provides consulting and litigation services to employers and management in all aspects of employment law. We represent employers in a variety of industries, including energy and utilities health care, hospitality, retail, higher education, financial services, professional services, manufacturing, and nonprofits. This broad industry experience allows our attorneys to bring industry-specific knowledge and experience that is crucial in employment matters. Our clients range from small, family-run businesses to multinational corporations.  

Employment Litigation

Our attorneys provide advice, counsel, and representation to employers in all aspects of employment litigation, including claims brought under all local, state, and federal employment statutes. These include matters alleging discrimination and/or harassment, wage and hour violations and collective/class actions, and trade secrets. We defend our clients against these claims before state and federal courts, as well as state and federal administrative agencies.  

We have actively litigated employment suits as lead trial counsel in a variety of states. Our attorneys have a strong track record of defending clients vigorously and achieving successful outcomes at every level.  

Employee Relations

Oftentimes, litigation can be avoided with proper risk management. We work closely with our clients to understand their business and human capital needs and work through issues to preempt or prepare for litigation.  We also draft, update, and/or institute handbooks, policies, and procedures designed to comply with local, state, and federal employment laws and statutes. 

Our attorneys:

  • Counsel regarding the interplay of FMLA, ADA, and state workers' compensation laws in conjunction with our Worker’s Compensation Practice Group.
  • Conduct internal investigations and respond to government investigations and regulatory reviews.
  • Counsel on the emerging law of medical marijuana in the workplace.
  • Conduct wage and hour compliance audits.
  • Respond to complaints of discrimination, including the investigation of and response to complaints of harassment.
  • Conduct training focused on discrimination, implicit bias, harassment, and retaliation.
  • Counsel on employee disciplinary, compensation, termination, and return to work issues.
  • Draft appropriate releases and separation agreements in connection with employee departures.
  • Counsel on employee privacy/individual employee rights issues, including the maintenance, retention, and access to personnel and medical files and records.
  • Draft and interpret employment contracts, covenants not-to-compete, and confidentiality and non-solicitation agreements.

Read full overview > Read less >

Related Practices

  • Corporate
  • Employment Collective and Class Actions
  • Employment and Employee Relations
  • Health Care
  • Internal Investigations & White Collar Defense
  • Labor
  • Professional Licensure
  • Trade Secret & Non-Compete Law
  • Wage and Hour
  • Workers' Compensation

Representative Matters:

  • Summary judgment granted and affirmed for employer in case involving claims for sex-based discriminatory discharge under Title VII and the Pennsylvania Human Relations Act (PHRA).
  • Successful bench trial on behalf of large regional employer in federal wage and hour litigation. Employee asserted that he was misclassified as exempt from overtime pay.
  • Defense verdict in jury trial involving FMLA and race discrimination claims.
  • Successful resolution of large wage and hour class action for national health care provider.
  • Summary judgment granted in senior manager’s age discrimination claim against national health care provider. Employee had claimed that 20+ years of success demonstrated that employer’s basis for termination was discriminatory.
  • Summary judgment granted in a case involving a plaintiff’s claim of a sex-based discriminatory discharge under Title VII and PHRA against employer. Plaintiff had a history of conflicts with his employer that he attributed to gender-based preferential treatment for female employees. 
  • Summary judgment granted on all claims in a case involving a former employee’s allegations of race discrimination, a racially hostile work environment and retaliation. 
  • Obtained dismissal of client from putative wage and hour collective action.  
  • Summary judgment for employer in FMLA and ADA claim where employee was terminated after she failed to follow employer’s call-off policy during leave of absence.
  • Summary judgment granted and affirmed by Court of Appeals on age discrimination claim. Long-term employee claimed that new management team discriminated against her by escalating demands for performance.       

Attorneys

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A. James Johnston

A. James Johnston

Principal
Employment and Labor

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

ajohnston@postschell.com

Theresa A. Mongiovi

Theresa A. Mongiovi

Principal
Employment and Labor

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

tmongiovi@postschell.com

Erik R. Anderson

Erik R. Anderson

Principal
Commercial Litigation

Harrisburg
Phone: 717-612-6035
Fax: 717-731-1985

eanderson@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

Josh M. Brick

Josh M. Brick

Principal
Casualty Litigation

Pittsburgh
Phone: 412-506-6359
Fax: 412-227-9065

jbrick@postschell.com

Frances Wang Deveney

Frances Wang Deveney

Principal
Professional Liability

Mt. Laurel
Phone: 856-301-2561
Fax: 609-924-4144

fdeveney@postschell.com

Erin R. Kawa

Erin R. Kawa

Principal
Commercial Litigation

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

ekawa@postschell.com

Philip J. Sbrolla

Philip J. Sbrolla

Principal
Casualty Litigation

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

psbrolla@postschell.com

Jodi S. Wilenzik

Jodi S. Wilenzik

Principal
Co-Chair, Commercial Litigation Practice Group

Philadelphia
Phone: 215-587-1101
Fax: 215-320-4159

jwilenzik@postschell.com

Jennifer N. Capozzola

Jennifer N. Capozzola

Associate
Employment and Labor

Philadelphia
Phone: 215-587-1151
Fax: 215-587-1444

jcapozzola@postschell.com

Leanne Lane Coyle

Leanne Lane Coyle

Associate
Employment & Labor

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

lcoyle@postschell.com

Jemma DeRogatis

Jemma DeRogatis

Associate
Insurance Law and Employment & Labor

Philadelphia
Phone: 215-587-1140
Fax: 215-587-1444

jderogatis@postschell.com

News & Insights

News

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Forty-Four Post & Schell Attorneys Named to the 2023 Edition of The Best Lawyers in America©

Thirty-Eight Post & Schell Attorneys Named 2022 Super Lawyers and Rising Stars for 2022

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

Post & Schell Practice Groups Ranked in National and Regional Tiers in Best Lawyers' 2021 "Best Law Firms List"

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

Erik R. Anderson Joins Post & Schell as a Principal in the Firm's Commercial Litigation Practice in its Harrisburg Office

Thirty-Seven Post & Schell Attorneys Named to the 2020 Edition of The Best Lawyers in America©

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

Thirty-Five Post & Schell Attorneys Recognized in 2019 Edition of Best Lawyers in America

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

Post & Schell Appointed as Solicitor by Susquehanna Area Regional Airport Authority

Kate Kleba Co-Presents on Managing FMLA/ADA Issues for the National Association of College and University Attorneys on March 22

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 Secures Summary Judgement for St. Mary Medical Center in PA Eastern District Age Discrimination/Retaliation Case

Post & Schell Secures Summary Judgment for Lehigh Valley Hospital in RN Disability Discrimination Case

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.

Post & Schell Announces New Board Member and Chairs of Insurance Law, Appellate and Business Law & Litigation Departments

Media & Articles

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Leanne Lane Coyle Examines NJ Cannabis Regulatory Commission's  Workplace Marijuana Impairment Guidance for the New Jersey Law Journal 

Leanne Lane Coyle Examines Trend of Courts Eschewing the Judicial Approval Requirement for FLSA Settlements for the National Law Journal

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

Leanne Lane Coyle Examines the Impact of DOL's Increased Enforcement Efforts for The Legal Intelligencer

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

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

Sid Steinberg Examines Discrimination Claim for The Legal Intelligencer

Sid Steinberg Analyzes Reasonable Accommodations Under the ADA in a July 10 Article for The Legal Intelligencer

Sid Steinberg Examines Some of the Employment Law Implications of Medical Marijuana for The Legal Intelligencer

Kayleen Egan Examines the Continuing Violations Doctrine's Application to Title IX Cases for Law360

Sid Steinberg Examines E.D. Pa. Decision Involving Employee Misconduct for The Legal Intelligencer

Sid Steinberg Looks at Opioid Treatment and the American with Disabilities Act for The Legal Intelligencer

Sid Steinberg Examines a Case Involving National Origin Discrimination Claims for The Legal Intelligencer

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

Regulated Cannabis Practice Group Examines Implications of PA's Medical Marijuana Law for Health Care Providers for The Legal Intelligencer on Oct. 11

Sid Steinberg Examines a Recent FMLA Decision in his July 2016 Column for The Legal Intelligencer

Darren Creasy Examines Potential ADA Issues for Company Websites in DRI's April Retail and Hospitality Newsletter

Sid Steinberg Examines a Case Involving an Employee's Termination and a Supervisor's Alleged Animus for The Legal Intelligencer

Sid Steinberg Examines an ADA Case That Explores Whether On-Site Attendance is Crucial to Performing Job Duties for The Legal Intelligencer

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

Sid Steinberg Examines a Recent Case's Expansion of PA Wrongful-Discharge Law for December 2015 Legal Intelligencer Column

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

Employment Chair Sid Steinberg Examines the Fair Credit Reporting Act's Role in Employment Background Checks for The Legal Intelligencer

Employment Chair Sid Steinberg Examines Role of the Court in a Discrimination Case for The Legal Intelligencer

Employment Chair Sid Steinberg Examines a Case Involving an Employee's Claim of Discrimination in the July 8 issue of The Legal Intelligencer

Health Care Principal Robin Locke Nagele Co-Authors June 2015 AHLA Member Briefing on Navigating Changes to National Practitioner Data Bank (NPDB) Reporting

Employment Chair Sid Steinberg Examines Intermittent Leave Under the FMLA in June 2015 Legal Intelligencer Column

Employment Chair Sid Steinberg Analyzes a Recent Eastern District of Pennsylvania Discrimination Case in His April 8 Legal Intelligencer Column

Employment Principal Sid Steinberg Examines a Case Involving Retaliation Rights in March 2015 Column for The Legal Intelligencer

Employment Principal Sid Steinberg Analyzes a Case Involving an Employee "Constructively Discharged," in January Legal Intelligencer Column

Employment Principal Sid Steinberg Analyzes a Third Circuit Harassment Case in a November 2014 Column for The Legal Intelligencer

Employment Principal Sid Steinberg Explores a Case Involving an Employee Termination for the Oct. 8 Legal Intelligencer

Employment Principal Sid Steinberg Explores a Recent NLRB Decision in Sept. 10 Column for The Legal Intelligencer

Employment Principal Sid Steinberg Examines the Importance of Timing in Sexual Harassment Complaints for the June 12 Legal Intelligencer

Employment Principal Sid Steinberg Examines How Technology Leads to Telecommuting as Reasonable Accommodation for The Legal Intelligencer

Charles Spitz Examines the Legal Implications of Carbon Monoxide Poisoning for HospitalityLawyer's CONVERGE

Employment Principal Sid Steinberg Examines a Plaintiff's Difficulty Establishing Pretext in his Column for The Legal Intelligencer

Employment Principal Sid Steinberg Examines the Relationship Between Workers' Compensation Law/ADA Case for Jan. 8 Legal Intelligencer

Employment Principal Sid Steinberg Examines a Discrimination Trial Decision in Dec. 11 Article for The Legal Intelligencer

Employment Principal Sid Steinberg Examines a Case Involving a FMLA Claim for The Legal Intelligencer

Employment Associate Kate Kleba Examines Employees' Rights to Communicate Under the NLRA for the American Health Lawyers Association

Employment Principal Sid Steinberg Examines a Case Involving Religious Discrimination for The Legal Intelligencer

Partial Deafness Found to Not Be a Disability Under the ADAAA

Employer Investigations Need Not Be Worthy of 'Sherlock Holmes'

Dispute Over Resignation Leads to Reversal of Summary Judgment for Employer

Speaking Engagements

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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

Angela Sanders Presents on HR for Small Nonprofits for the Pennsylvania Association of Nonprofit Organizations on April 26

Theresa Mongiovi and Angela Sanders Present on OSHA's ETS and Employer Vaccine Mandates for Lancaster SHRM on Nov. 15

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

Paul Sanders, Kate Kleba, and Cindy Haines Present at 2019 PHCA 2019 Annual Convention and Trade Show on September 25 and 26

Robin Nagele Moderates AHLA Webinar on Medical Staff Diversity and Implicit Bias on June 13

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

David Renner Co-Presents on Sexual Harassment Policies to Pennsylvania Restaurant & Lodging Association Members on July 26

Kate Kleba Co-Presents on Managing FMLA/ADA Issues for the National Association of College and University Attorneys on March 22

Kate Kleba Presents on Pleadings and Motion Court Practice in Temple Law CLE on Feb. 16

Sid Steinberg Serves as Panelist for Discussion of Microaggressions in a Diverse Environment at the NACUA Annual Conference on June 26

Sidney Steinberg Presents on ADA Issues at DRI's Employment and Labor Law Seminar on April 27

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

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 Vince Candiello Presents on Effective Employee Background Checks on Jan. 29 PA Chamber Webinar

Sid Steinberg Presents at PBI's 20th Annual Employment Law Institute on April 24

Post & Schell Principals from Health Care, IT, Employment and White Collar Practice Groups Present at PBI's 20th Annual Health Law Institute on March 13 & 14

Blogs and Thought Leadership

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New Jersey's Workplace Marijuana Impairment Advice Leaves Employers with Questions

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

OSHA Issues COVID-19 Vaccination Emergency Temporary Standard (ETS)

Full FDA Approval of Pfizer COVID-19 Vaccine Should Motivate Hesitant Employers to Mandate Vaccinations

New Jersey Mandates COVID-19 Vaccinations For Healthcare Workers

Employment Law Q&A: Vaccination Issues for Employers

OSHA Issues New Emergency Temporary Standard for the Healthcare Industry and Updated Guidance for General Industry

A Refresher on Philadelphia’s Fair Workweek Employment Standards Ordinance

A Notice Deadline for COBRA Premium Assistance Under the American Rescue Plan is Fast Approaching

COVID-19 Relief Package Signed into Law 

Congress Extends FFCRA Paid Leave...Sorta

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

New Jersey to Require COVID-19 Precautions in all Public and Private Places of Employment Beginning November 5, 2020

DOL Issues Revised Regs on the FFCRA in Response to S.D.N.Y Decision 

NLRB Will No Longer Tolerate Abusive Workplace Conduct in the Face of Protected Union Activity

New York Federal Court Strikes Down Four FFCRA Regulations

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

OSHA Issues Guidance to Employers on COVID-19

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 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

Class Action Risk for Hospitality and Retail Industries: Title III of the ADA and Gift Cards

U.S. Department of Labor Issues Final Overtime Rule

New Jersey Toughens Wage and Hour Laws

New Jersey Enacts Salary History Inquiry Ban

New Jersey Reforms its Medical Marijuana Program

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

Employee Nondisclosure Agreements Banned in New Jersey

U.S. Department of Labor Proposes New Overtime Rule

Philadelphia City Council Passes Fair Workweek Ordinance

Pennsylvania Supreme Court Puts Employers on Notice: You Can Be Liable When Hackers Breach Your Systems

New Jersey Paid Sick Leave Law Takes Effect

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

Right-To-Work Laws and Unions: A Look at Legislative and Judicial Actions

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

Employers Required to Use New Form I-9

Entire DOL Overtime Rule Enjoined Nationwide

Seventh Circuit: No Claim for Sexual Orientation Discrimination Under Title VII

Department of Labor Announces Final Overtime Rule

Social Media and the NLRA: Lessons for Hospitality Employers from the NLRB's Chipotle Decision

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

Independent Contractor Misclassification Presents DOL/IRS Dual Threat

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

NLRB's McDonald's Joint Employer Decision Sends Shock Waves Through Franchise Community

Third Circuit Decision Provides Clarity on Interference vs. Retaliation Under FMLA

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

The NLRB Proposes Speeding Union Elections

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

Our national Employment & Employee Relations Practice Group provides consulting and litigation services to employers and management in all aspects of employment law. We represent employers in a variety of industries, including energy and utilities health care, hospitality, retail, higher education, financial services, professional services, manufacturing, and nonprofits. This broad industry experience allows our attorneys to bring industry-specific knowledge and experience that is crucial in employment matters. Our clients range from small, family-run businesses to multinational corporations.  

Employment Litigation

Our attorneys provide advice, counsel, and representation to employers in all aspects of employment litigation, including claims brought under all local, state, and federal employment statutes. These include matters alleging discrimination and/or harassment, wage and hour violations and collective/class actions, and trade secrets. We defend our clients against these claims before state and federal courts, as well as state and federal administrative agencies.  

We have actively litigated employment suits as lead trial counsel in a variety of states. Our attorneys have a strong track record of defending clients vigorously and achieving successful outcomes at every level.  

Employee Relations

Oftentimes, litigation can be avoided with proper risk management. We work closely with our clients to understand their business and human capital needs and work through issues to preempt or prepare for litigation.  We also draft, update, and/or institute handbooks, policies, and procedures designed to comply with local, state, and federal employment laws and statutes. 

Our attorneys:

  • Counsel regarding the interplay of FMLA, ADA, and state workers' compensation laws in conjunction with our Worker’s Compensation Practice Group.
  • Conduct internal investigations and respond to government investigations and regulatory reviews.
  • Counsel on the emerging law of medical marijuana in the workplace.
  • Conduct wage and hour compliance audits.
  • Respond to complaints of discrimination, including the investigation of and response to complaints of harassment.
  • Conduct training focused on discrimination, implicit bias, harassment, and retaliation.
  • Counsel on employee disciplinary, compensation, termination, and return to work issues.
  • Draft appropriate releases and separation agreements in connection with employee departures.
  • Counsel on employee privacy/individual employee rights issues, including the maintenance, retention, and access to personnel and medical files and records.
  • Draft and interpret employment contracts, covenants not-to-compete, and confidentiality and non-solicitation agreements.

Read full overview > Read less >

A. James Johnston

A. James Johnston

Principal
Employment and Labor

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

ajohnston@postschell.com

Theresa A. Mongiovi

Theresa A. Mongiovi

Principal
Employment and Labor

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

tmongiovi@postschell.com

Erik R. Anderson

Erik R. Anderson

Principal
Commercial Litigation

Harrisburg
Phone: 717-612-6035
Fax: 717-731-1985

eanderson@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

Josh M. Brick

Josh M. Brick

Principal
Casualty Litigation

Pittsburgh
Phone: 412-506-6359
Fax: 412-227-9065

jbrick@postschell.com

Frances Wang Deveney

Frances Wang Deveney

Principal
Professional Liability

Mt. Laurel
Phone: 856-301-2561
Fax: 609-924-4144

fdeveney@postschell.com

Erin R. Kawa

Erin R. Kawa

Principal
Commercial Litigation

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

ekawa@postschell.com

Philip J. Sbrolla

Philip J. Sbrolla

Principal
Casualty Litigation

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

psbrolla@postschell.com

Jodi S. Wilenzik

Jodi S. Wilenzik

Principal
Co-Chair, Commercial Litigation Practice Group

Philadelphia
Phone: 215-587-1101
Fax: 215-320-4159

jwilenzik@postschell.com

Jennifer N. Capozzola

Jennifer N. Capozzola

Associate
Employment and Labor

Philadelphia
Phone: 215-587-1151
Fax: 215-587-1444

jcapozzola@postschell.com

Leanne Lane Coyle

Leanne Lane Coyle

Associate
Employment & Labor

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

lcoyle@postschell.com

Jemma DeRogatis

Jemma DeRogatis

Associate
Insurance Law and Employment & Labor

Philadelphia
Phone: 215-587-1140
Fax: 215-587-1444

jderogatis@postschell.com

Related Practices

  • Corporate
  • Employment Collective and Class Actions
  • Employment and Employee Relations
  • Health Care
  • Internal Investigations & White Collar Defense
  • Labor
  • Professional Licensure
  • Trade Secret & Non-Compete Law
  • Wage and Hour
  • Workers' Compensation

Representative Matters:

  • Summary judgment granted and affirmed for employer in case involving claims for sex-based discriminatory discharge under Title VII and the Pennsylvania Human Relations Act (PHRA).
  • Successful bench trial on behalf of large regional employer in federal wage and hour litigation. Employee asserted that he was misclassified as exempt from overtime pay.
  • Defense verdict in jury trial involving FMLA and race discrimination claims.
  • Successful resolution of large wage and hour class action for national health care provider.
  • Summary judgment granted in senior manager’s age discrimination claim against national health care provider. Employee had claimed that 20+ years of success demonstrated that employer’s basis for termination was discriminatory.
  • Summary judgment granted in a case involving a plaintiff’s claim of a sex-based discriminatory discharge under Title VII and PHRA against employer. Plaintiff had a history of conflicts with his employer that he attributed to gender-based preferential treatment for female employees. 
  • Summary judgment granted on all claims in a case involving a former employee’s allegations of race discrimination, a racially hostile work environment and retaliation. 
  • Obtained dismissal of client from putative wage and hour collective action.  
  • Summary judgment for employer in FMLA and ADA claim where employee was terminated after she failed to follow employer’s call-off policy during leave of absence.
  • Summary judgment granted and affirmed by Court of Appeals on age discrimination claim. Long-term employee claimed that new management team discriminated against her by escalating demands for performance.       

Insights

News Media & Articles Speaking Engagements Blogs and Thought Leadership

Forty-Four Post & Schell Attorneys Named to the 2023 Edition of The Best Lawyers in America©

Thirty-Eight Post & Schell Attorneys Named 2022 Super Lawyers and Rising Stars for 2022

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

Post & Schell Practice Groups Ranked in National and Regional Tiers in Best Lawyers' 2021 "Best Law Firms List"

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

Erik R. Anderson Joins Post & Schell as a Principal in the Firm's Commercial Litigation Practice in its Harrisburg Office

Thirty-Seven Post & Schell Attorneys Named to the 2020 Edition of The Best Lawyers in America©

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

Thirty-Five Post & Schell Attorneys Recognized in 2019 Edition of Best Lawyers in America

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

Post & Schell Appointed as Solicitor by Susquehanna Area Regional Airport Authority

Kate Kleba Co-Presents on Managing FMLA/ADA Issues for the National Association of College and University Attorneys on March 22

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 Secures Summary Judgement for St. Mary Medical Center in PA Eastern District Age Discrimination/Retaliation Case

Post & Schell Secures Summary Judgment for Lehigh Valley Hospital in RN Disability Discrimination Case

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.

Post & Schell Announces New Board Member and Chairs of Insurance Law, Appellate and Business Law & Litigation Departments

Leanne Lane Coyle Examines NJ Cannabis Regulatory Commission's  Workplace Marijuana Impairment Guidance for the New Jersey Law Journal 

Leanne Lane Coyle Examines Trend of Courts Eschewing the Judicial Approval Requirement for FLSA Settlements for the National Law Journal

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

Leanne Lane Coyle Examines the Impact of DOL's Increased Enforcement Efforts for The Legal Intelligencer

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

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

Sid Steinberg Examines Discrimination Claim for The Legal Intelligencer

Sid Steinberg Analyzes Reasonable Accommodations Under the ADA in a July 10 Article for The Legal Intelligencer

Sid Steinberg Examines Some of the Employment Law Implications of Medical Marijuana for The Legal Intelligencer

Kayleen Egan Examines the Continuing Violations Doctrine's Application to Title IX Cases for Law360

Sid Steinberg Examines E.D. Pa. Decision Involving Employee Misconduct for The Legal Intelligencer

Sid Steinberg Looks at Opioid Treatment and the American with Disabilities Act for The Legal Intelligencer

Sid Steinberg Examines a Case Involving National Origin Discrimination Claims for The Legal Intelligencer

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

Regulated Cannabis Practice Group Examines Implications of PA's Medical Marijuana Law for Health Care Providers for The Legal Intelligencer on Oct. 11

Sid Steinberg Examines a Recent FMLA Decision in his July 2016 Column for The Legal Intelligencer

Darren Creasy Examines Potential ADA Issues for Company Websites in DRI's April Retail and Hospitality Newsletter

Sid Steinberg Examines a Case Involving an Employee's Termination and a Supervisor's Alleged Animus for The Legal Intelligencer

Sid Steinberg Examines an ADA Case That Explores Whether On-Site Attendance is Crucial to Performing Job Duties for The Legal Intelligencer

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

Sid Steinberg Examines a Recent Case's Expansion of PA Wrongful-Discharge Law for December 2015 Legal Intelligencer Column

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

Employment Chair Sid Steinberg Examines the Fair Credit Reporting Act's Role in Employment Background Checks for The Legal Intelligencer

Employment Chair Sid Steinberg Examines Role of the Court in a Discrimination Case for The Legal Intelligencer

Employment Chair Sid Steinberg Examines a Case Involving an Employee's Claim of Discrimination in the July 8 issue of The Legal Intelligencer

Health Care Principal Robin Locke Nagele Co-Authors June 2015 AHLA Member Briefing on Navigating Changes to National Practitioner Data Bank (NPDB) Reporting

Employment Chair Sid Steinberg Examines Intermittent Leave Under the FMLA in June 2015 Legal Intelligencer Column

Employment Chair Sid Steinberg Analyzes a Recent Eastern District of Pennsylvania Discrimination Case in His April 8 Legal Intelligencer Column

Employment Principal Sid Steinberg Examines a Case Involving Retaliation Rights in March 2015 Column for The Legal Intelligencer

Employment Principal Sid Steinberg Analyzes a Case Involving an Employee "Constructively Discharged," in January Legal Intelligencer Column

Employment Principal Sid Steinberg Analyzes a Third Circuit Harassment Case in a November 2014 Column for The Legal Intelligencer

Employment Principal Sid Steinberg Explores a Case Involving an Employee Termination for the Oct. 8 Legal Intelligencer

Employment Principal Sid Steinberg Explores a Recent NLRB Decision in Sept. 10 Column for The Legal Intelligencer

Employment Principal Sid Steinberg Examines the Importance of Timing in Sexual Harassment Complaints for the June 12 Legal Intelligencer

Employment Principal Sid Steinberg Examines How Technology Leads to Telecommuting as Reasonable Accommodation for The Legal Intelligencer

Charles Spitz Examines the Legal Implications of Carbon Monoxide Poisoning for HospitalityLawyer's CONVERGE

Employment Principal Sid Steinberg Examines a Plaintiff's Difficulty Establishing Pretext in his Column for The Legal Intelligencer

Employment Principal Sid Steinberg Examines the Relationship Between Workers' Compensation Law/ADA Case for Jan. 8 Legal Intelligencer

Employment Principal Sid Steinberg Examines a Discrimination Trial Decision in Dec. 11 Article for The Legal Intelligencer

Employment Principal Sid Steinberg Examines a Case Involving a FMLA Claim for The Legal Intelligencer

Employment Associate Kate Kleba Examines Employees' Rights to Communicate Under the NLRA for the American Health Lawyers Association

Employment Principal Sid Steinberg Examines a Case Involving Religious Discrimination for The Legal Intelligencer

Partial Deafness Found to Not Be a Disability Under the ADAAA

Employer Investigations Need Not Be Worthy of 'Sherlock Holmes'

Dispute Over Resignation Leads to Reversal of Summary Judgment for Employer

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

Angela Sanders Presents on HR for Small Nonprofits for the Pennsylvania Association of Nonprofit Organizations on April 26

Theresa Mongiovi and Angela Sanders Present on OSHA's ETS and Employer Vaccine Mandates for Lancaster SHRM on Nov. 15

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

Paul Sanders, Kate Kleba, and Cindy Haines Present at 2019 PHCA 2019 Annual Convention and Trade Show on September 25 and 26

Robin Nagele Moderates AHLA Webinar on Medical Staff Diversity and Implicit Bias on June 13

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

David Renner Co-Presents on Sexual Harassment Policies to Pennsylvania Restaurant & Lodging Association Members on July 26

Kate Kleba Co-Presents on Managing FMLA/ADA Issues for the National Association of College and University Attorneys on March 22

Kate Kleba Presents on Pleadings and Motion Court Practice in Temple Law CLE on Feb. 16

Sid Steinberg Serves as Panelist for Discussion of Microaggressions in a Diverse Environment at the NACUA Annual Conference on June 26

Sidney Steinberg Presents on ADA Issues at DRI's Employment and Labor Law Seminar on April 27

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

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 Vince Candiello Presents on Effective Employee Background Checks on Jan. 29 PA Chamber Webinar

Sid Steinberg Presents at PBI's 20th Annual Employment Law Institute on April 24

Post & Schell Principals from Health Care, IT, Employment and White Collar Practice Groups Present at PBI's 20th Annual Health Law Institute on March 13 & 14

New Jersey's Workplace Marijuana Impairment Advice Leaves Employers with Questions

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

OSHA Issues COVID-19 Vaccination Emergency Temporary Standard (ETS)

Full FDA Approval of Pfizer COVID-19 Vaccine Should Motivate Hesitant Employers to Mandate Vaccinations

New Jersey Mandates COVID-19 Vaccinations For Healthcare Workers

Employment Law Q&A: Vaccination Issues for Employers

OSHA Issues New Emergency Temporary Standard for the Healthcare Industry and Updated Guidance for General Industry

A Refresher on Philadelphia’s Fair Workweek Employment Standards Ordinance

A Notice Deadline for COBRA Premium Assistance Under the American Rescue Plan is Fast Approaching

COVID-19 Relief Package Signed into Law 

Congress Extends FFCRA Paid Leave...Sorta

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

New Jersey to Require COVID-19 Precautions in all Public and Private Places of Employment Beginning November 5, 2020

DOL Issues Revised Regs on the FFCRA in Response to S.D.N.Y Decision 

NLRB Will No Longer Tolerate Abusive Workplace Conduct in the Face of Protected Union Activity

New York Federal Court Strikes Down Four FFCRA Regulations

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

OSHA Issues Guidance to Employers on COVID-19

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 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

Class Action Risk for Hospitality and Retail Industries: Title III of the ADA and Gift Cards

U.S. Department of Labor Issues Final Overtime Rule

New Jersey Toughens Wage and Hour Laws

New Jersey Enacts Salary History Inquiry Ban

New Jersey Reforms its Medical Marijuana Program

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

Employee Nondisclosure Agreements Banned in New Jersey

U.S. Department of Labor Proposes New Overtime Rule

Philadelphia City Council Passes Fair Workweek Ordinance

Pennsylvania Supreme Court Puts Employers on Notice: You Can Be Liable When Hackers Breach Your Systems

New Jersey Paid Sick Leave Law Takes Effect

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

Right-To-Work Laws and Unions: A Look at Legislative and Judicial Actions

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

Employers Required to Use New Form I-9

Entire DOL Overtime Rule Enjoined Nationwide

Seventh Circuit: No Claim for Sexual Orientation Discrimination Under Title VII

Department of Labor Announces Final Overtime Rule

Social Media and the NLRA: Lessons for Hospitality Employers from the NLRB's Chipotle Decision

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

Independent Contractor Misclassification Presents DOL/IRS Dual Threat

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

NLRB's McDonald's Joint Employer Decision Sends Shock Waves Through Franchise Community

Third Circuit Decision Provides Clarity on Interference vs. Retaliation Under FMLA

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

The NLRB Proposes Speeding Union Elections

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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