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Philadelphia Office
1835 Market Street - Suite 1400
Philadelphia
PA 19103
215.569.4140 phone215.568.6603 faxlmoylan@klehr.com
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Lee D. Moylan

Partner | Labor and Employment | Litigation

Biography

Lee D. Moylan has over fourteen years of experience practicing Labor and Employment law and has had the privilege of representing employers and employees in a wide variety of matters at all stages of counseling and litigation. Lee’s clients range in size from very large to very small, including, but not limited to, multi-state asset/property management and construction companies, a large infrastructure and site development contractor, a major employer in the healthcare industry, and a small twenty-employee distribution company. Lee is available to her clients to provide counseling on day-to-day workplace issues to ensure compliance with federal, state and local laws and to mitigate litigation risk as much as possible. She has advised her clients related to the hiring, discipline and terminating of employees,  workforce reductions, and employer obligations under common law, local and state sick leave laws, Title VII, ADA, ADEA, FMLA, Section 1981 of the Civil Rights Act, FLSA, ERISA, Workers Adjustment and Retraining Notification Act (WARN), Pennsylvania Whistleblower Law, Pennsylvania Wage Payment and Collection Law and Minimum Wage Act, PHRA, and Philadelphia Fair Practices Ordinance. In many instances, Lee has been entrusted to conduct prompt, thorough, and unbiased workplace investigations of and submit reports concerning allegations of sexual harassment and discrimination. 

After litigation has begun, Lee has gained vast experience defending employers against claims brought under the foregoing laws, including, but not limited to, most recently: defeating a multi-million dollar breach of employment contract claim following a bench trial and appeal to the Pennsylvania Superior Court, convincing the Pennsylvania Superior Court to enforce an arbitration clause which resulted in a published decision that has been cited as authority by Pennsylvania state and federal courts, obtaining a preliminary injunction preventing a salesman from violating a restrictive covenant, securing settlements for nuisance value of multi-claim retaliation and discrimination complaints after the close of discovery, convincing a plaintiff to dismiss with prejudice a Pennsylvania Whistleblower Law claim against her client at the pleading stage, and zealously defending her clients sued on class and collective action claims and thereafter securing favorable settlements for a fraction of the threatened damages. Lee also has represented thousands of employees in a half dozen WARN Act class actions, all of which have ended in favorable settlements for the displaced employees.     

Lee practices before Pennsylvania state and federal trial and appellate courts, as well as the EEOC, the PHRC, the PCHR, the NLRB, and the DOL. She also has been admitted to practice pro hac vice when representing her clients in states such as California, Virginia, South Carolina, North Carolina, Maryland, Delaware, New Jersey, and New York.

Credentials

Education

The George Washington University Law School, J.D. (1997)

High Honors, Order of Coif; Editor Environmental Lawyer; Member Moot Court Board; Recipient of Corpus Juris Secundum Award in contracts

Lafayette College, B.A., cum laude (1993)


Admissions

Supreme Court of Pennsylvania

Third Circuit Court of Appeals

U. S. District Court for the Eastern District of Pennsylvania

In addition to counseling her clients on various pressing personnel matters and employment questions, Lee has served as pre-litigation and litigation counsel for numerous clients in various matters, including:

• For a number of different companies and institutions, conducting workplace investigations of allegations of sexual harassment and discrimination based on race and age;
• For a major employer in the healthcare industry, achieving a verdict for the employer after a multi-day bench trial in the Philadelphia Court of Common Pleas on breach of employment contract claims involving a demand of over a million dollars in damages;
• Working closely with Associate General Counsel and achieving favorable outcomes in favor of a major employer in the healthcare industry in many different actions alleging discrimination and retaliation;
• Representing a large company in connection with achieving, after extensive briefing and oral argument, a reported Pennsylvania Superior Court decision granting her client’s preliminary objections to compel arbitration pursuant to an arbitration clause in the parties’ contract and establishing often-cited law on the interpretation of such clauses in Pennsylvania;
• Successfully defending and obtaining summary judgment or favorable settlements for company with billions in assets in matters concerning allegations of discrimination, sexual harassment, and retaliation, as well as in wage claim collective and class actions under the FLSA and state laws involving plaintiffs throughout the country and complex legal and factual issues concerning off-the-clock claims and allegedly improper wage deductions;
• For a local printing company, securing a preliminary injunction preventing a salesman from violating a covenant not to compete;
• Guiding and representing a popular local restaurant chain in connection with a Department of Labor audit;
• Obtaining nuisance value settlement for a pharmaceutical company client in an FLSA collective action alleging improper classification of employees as exempt;
• Co-counseling an international private equity management company on matters concerning various discrimination statutes;
• Obtaining favorable WARN Act settlements for thousands of individuals, in several different matters; and
• Successfully defending a Fortune 500 company in a case brought under the FMLA and Michigan’s Persons with Disabilities Civil Rights Act.