biography

Dave is a trusted advisor and litigator for employers across all industries, including in the retail, energy, hospitality, construction, manufacturing, oil & gas, financial services, and healthcare sectors. Dave has successfully handled hundreds of cases and claims, litigating and advising on nearly every facet of labor and employment law. Dave is also known for his extensive experience defending EEOC and state enforcement actions, employment class actions, and FLSA collective actions. Clients also rely on Dave for daily advice and counsel on a wide range of issues, including preventive advice, proactive plans and policies, and solutions to dangerous problems in a cost-effective manner. Some examples of the services client’s rely on Dave to provide include:

  • Wage and hour audits and class/collective actions
  • Agency investigations alleging overtime and other payroll violations
  • Administrative charges of discrimination, harassment, and retaliation
  • Whistleblower and retaliation claims and lawsuits
  • Employee theft of trade secrets
  • Violations of restrictive covenants
  • WARN Act compliance, layoff planning, and severance...
See More
  • Presentations & Teaching Experience
    • “Non-Compete, Non-Solicit, and Confidentiality Agreements,” Pennsylvania Employment Law 2022, National Business Institute (NBI) CLE Webinar (December 12, 2022)
    • “Wage and Hour Law: Best Practices and Current Developments,” Pennsylvania Employment Law 2022, NBI CLE Webinar (December 12, 2022)
    • “Other Employment Laws You Need to Know,” Mini Law School for Pennsylvania HR Professionals, NBI CLE Webinar (August 25, 2022)
    • “Discipline and Discharge – Necessary Documentation,” Mini Law School for Pennsylvania HR Professionals, NBI CLE Webinar (August 25, 2022)
    • “Wage and Benefit Issues,” Mini Law School for Pennsylvania HR Professionals, NBI CLE Webinar (August 25, 2022)
    • “Discrimination, Harassment, and Retaliation Claims,” West Virginia Employment Law 2022, NBI CLE Webinar (June 14, 2022)
    • “Family and Medical Leave: What You Must Know,” West Virginia Employment Law 2022, NBI CLE Webinar (June 14, 2022)
    • “The FLSA: How Employers Need to Comply,” Employment Law 2021, NBI CLE Webinar (September 15, 2021)
    • “Handling FMLA and ADA-Related Leave,” Employment Law 2021, NBI CLE Webinar (September 15, 2021)
    • “The FLSA,” Advanced Employment Law: What You Need to Know, NBI CLE Webinar (April 20, 2021)
    • “FMLA Complications: Intermittent Leave, Termination and More,” Advanced Employment Law: What You Need to Know, NBI CLE Webinar (April 20, 2021)
    • “Non-Compete, Non-Solicit and Confidentiality Agreements,” Advanced Employment Law: What You Need to Know, NBI CLE Webinar (April 20, 2021)
    • Methods for Inclusion, Balancing Free Speech, and Social Justice in the Workplace,” DRI’s 2020 Employment and Labor Law Virtual Seminar (November 12, 2020)
    • “Wage and Benefit Issues,” Mini Law School for HR Professionals, NBI CLE Webinar (April 23, 2020)
    • “Other Employment Laws You Need to Know,” Mini Law School for HR Professionals, NBI CLE Webinar (April 23, 2020)
    • “Discipline and Discharge: Necessary Documentation,” Mini Law School for HR Professionals, NBI CLE Webinar (April 23, 2020)
    • “FMLA Leave Essentials,” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)
    • “ADA – From Accommodation to Discrimination,” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)
    • “Equal Employment Laws (Title VII, ADEA, GINA, EPA, PDA, and More),” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)
    • “Discrimination, Harassment, and Retaliation Claims,” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)
    • “FLSA Essentials,” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)
    • “Medical Marijuana In PA and NJ: The Legal and Practical Issues,” Post & Schell CLE Seminar, Philadelphia, PA (October 14, 2019)
    • “Wage and Benefit Issues,” NBI CLE Seminar, Pittsburgh, PA (April 10 and 15, 2019)
    • “Employment Laws You Need to Know,” NBI CLE Seminar, Pittsburgh, PA (April 10 and 15, 2019)
    • “Discipline and Discharge – Necessary Documentation,” NBI CLE Seminar, Pittsburgh, PA (April 10 and 15, 2019)
    • “Non-Compete, Non-Solicit, and Confidentiality Agreements,” NBI CLE Seminar, Pittsburgh, PA (December 13, 2018)
    • “FMLA Complications: Intermittent Leave, Termination, and More,” NBI CLE Seminar, Pittsburgh, PA (December 12, 2018)
    • “Handling Employee Discrimination and Harassment Claims Under Title VII, the ADA, and the ADEA,” NBI CLE Seminar, Pittsburgh, PA (December 12, 2018)
    • “Sexual Harassment in the #metoo Era,” Erie Chapter of the Pennsylvania Restaurant & Lodging Association (PR&LA), Erie, PA (September 10, 2018)
    • “Current Issues in Human Resources,” NBI CLE Seminar, Pittsburgh, PA (August 15, 2018)
    • “Time’s Up for Sexual Harassment in Hospitality,” Keystone Chapter of the PR&LA, State College, PA (July 26, 2018)
    • “Managing Leaves of Absence under the FMLA,” Pennsylvania Chamber of Commerce and Industry’s Pittsburgh Human Resources Conference, Pittsburgh, Pa (October 5, 2017)
    • Publications: Quoted in, “Hospitals Bracing for Litigation from Infected ED Providers,” ED Legal Letter (June 2020)
    • “The Families First Coronavirus Response Act: What Employers Need to Know,” The Legal Intelligencer (March 30, 2020)
    • “New EEO-1 Pay Data Reporting Requirements: What Employers Need to Know,” The Legal Intelligencer (July 29, 2019)
    • “‘Pay Per Visit’ and the Litigation Risk for Home Health Care Organizations,” AHLA’s Labor & Employment Newsletter, Vol. 14, Issue 1 (June 2015)
  • Publications

    So, There’s a Vaccine, Now What…?, Volume 17, Issue 1, DRI | Raising the Bar (March 2021)

  • Affiliations
    • Defense Research Institute (DRI), Membership Vice-Chair and Program Vice-Chair to the Employment and Labor Law Committee
    • National Association of College and University Attorneys (NACUA), Member
    • Order of the Barristers
  • Corporate Experience

    National City Bank

    PNC Bank

  • Honors and Recognitions

    NBI Distinguished Faculty Member

 

 

Philadelphia

Credentials

Admissions

Pennsylvania;
US Court of Appeals, Second Circuit
US Court of Appeals, Third Circuit
US Court of Appeals, Fourth Circuit
US District Court for the Eastern District of Pennsylvania
US District Court for the Middle District of Pennsylvania
US District Court for the Western District of Pennsylvania
US District Court for the Northern District of Ohio

Education

Duquesne University School of Law, J.D., Summa Cum Laude, 2011
University of Pittsburgh College of Business Administration, B.S. in Business Administration, Summa Cum Laude, 2008

Prior Law Firm Experience

Leech Tishman Fuscaldo & Lampl LLC
Jackson Lewis P.C.
Post & Schell, P.C.

Practice Areas