Lee D. Moylan is a Partner in the firm’s Labor and Employment Law Practice Group and serves as the firm's Recruitment Chair. She represents employers in a wide variety of industries, including student housing, HVAC repair, healthcare, hospitality, and investment management. These representations have involved many different aspects of employment and labor law. Ms. Moylan offers regular and timely employment law counseling to her clients when day-to-day workplace issues arise to ensure compliance with the law and to mitigate litigation risk as much as possible. By way of example, she advises clients on matters related to workforce reductions, unemployment compensation, decisions related to the hiring, discipline and terminating of employees, employer obligations to provide reasonable accommodations and protected leaves, the interplay between short term disability policies and leave laws, and the terms of severance and separation agreements. Ms. Moylan also personally has conducted workplace investigations stemming from allegations of sexual harassment and race discrimination.
On a more long-term basis, Ms. Moylan has advised clients in connection with the implementation and application of personnel policies and has drafted and revised employee handbooks to ensure compliance with the ever-changing landscape of employment law with respect to, among other things, recently enacted sick leave laws and background check laws, as well as new standards coming out of the National Labor Relations Board. Further, with the particular characteristics of her client’s company, industry and workforce in mind, Ms. Moylan has extensive experience advising clients on the pros and cons of implementing an arbitration policy with class and collective action waivers. Moreover, Ms. Moylan has counseled clients on Pennsylvania’s Wage Payment and Collection Law as it relates to her clients’ payroll practices and particular payroll decisions.
After litigation has begun, Ms. Moylan has gained vast experience defending employers against claims brought under the state whistleblower statute, as well as federal, state and local anti-discrimination, retaliation and harassment statutes, including, but not limited to, Title VII, the ADA, the ADEA, the FMLA, the PHRA, and the Philadelphia Fair Practices Ordinance. Ms. Moylan has achieved favorable rulings for her clients on such claims. On many occasions, Ms. Moylan also has defended employers in wage and hour class and collective action litigation, including, but not limited to, claims involving the misclassification of employees, the failure to pay minimum wage, the legality of deducting a lodging credit from wages, and the improper counting of a tip credit. Further, Ms. Moylan has been heavily involved in the firm’s practice of representing classes of employees who have been terminated in violation of the Federal Worker Adjustment and Retraining Notification Act (WARN) and, as co-counsel, has obtained substantial settlements for those classes.
Ms. Moylan 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.
The George Washington University Law School, J.D., High Honors, Order of Coif; Editor Environmental Lawyer; Member Moot Court Board; Recipient of Corpus Juris Secundum Award in contracts (1997)
Lafayette College, B.A., cum laude (1993)
Supreme Court of Pennsylvania
Third Circuit Court of Appeals
U. S. District Court for the Eastern District of Pennsylvania
"The Third Circuit Reiterates that the Age Discrimination in Employment Act Proscribes Age Discrimination, not Merely Forty-and-Over Discrimination," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2017
"The Fifth Circuit Allows a Jury to Decide Whether an Employer that Merely Implemented, Posted and Trained Some Employees on Its Sexual Harassment Policy Exercised 'Reasonable Care' Under Faragher/Ellerth," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2016
"With Certain Exceptions, Philadelphia Employers May Not Lawfully Obtain or Consider Credit History Information in Making Employment Decisions," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2016
"Philadelphia Employers Must Now Provide Paid Sick Leave" and "Update On Telecommuting As A Reasonable Accommodation Under The ADA," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2015
"The Fifth Circuit Overturns D.R. Horton, But The Fate Of Class Action Waivers In Employment Agreements Remains Far From Certain," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2014
"Federal District Court in Illinois Invalidates Mandatory Arbitration Agreement That Would Have Precluded Employees From Opting Into An Already Filed FLSA Lawsuit," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2013"NLRB Limits When An Employer May Require Confidentiality During Ongoing Investigations," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2013
"Is WARN Act Liability for Parent/Affiliated Entities a Trend," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2011 "Expectations of Privacy: Recorded Phone Calls and Employee Emails," accredited CLE seminar, March 25, 2011
"NLRB Issues Advice Memoranda Concerning Implementing and Enforcing Social Media," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2011 "Plaintiff Who Only Complains To The Alleged Harasser About Sexual Harassing Conduct May Still Be Able To Hold The Employer Liable For The Harassment," Labor and Employment Update, Klehr Harrison Harvey Branzburg, LLP, Winter 2011
"Before You Deduct From An Employee's Paycheck, You Must Ensure That Your Deduction Will Comply With The Wage Payment Law," Labor and Employment Update, Klehr Harrison Harvey Branzburg, LLP, Fall 2010
In addition to counseling her clients on various pressing personnel matters and employment questions, Ms. Moylan has served as litigation counsel for numerous other clients on various matters, including: