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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

Of Counsel | Labor and Employment | Litigation

Biography

Lee D. Moylan is Of Counsel in the firm’s Labor and Employment Law Practice Group. 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.

Credentials

Education

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)


Admissions

Supreme Court of Pennsylvania

Third Circuit Court of Appeals

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

Publications

"Lee Moylan Appointed Recruitment Chair of Klehr Harrison Harvey Branzburg LLP," Klehr Harrison Harvey Branzburg LLP, December 1, 2018

"New Jersey Enacts Sweeping Equal Pay Legislation," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2018

"In December 2017, The National Labor Relations Board Issued Three Significant Employer-Friendly Decisions," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2018

"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

"Post-Termination Conduct Can Subject Employer to Claims of Retaliation," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2017

"The NLRB Provides More Guidance to Employers About Which Policies the Board Will Consider Unlawful," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 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

"Department of Labor Publishes Helpful Guide For Employers on the Family and Medical Leave Act," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2016

"Caution - Unpaid Breaks Can Lead To Significant Liability," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2016

"A Recent Delaware Bankruptcy Court Decision Finds That Individuals May Be Personally Liable For WARN Damages," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2015.

"Third Circuit Holds Suspension With Pay Is Not 'Typically' An Adverse Employment Action," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2015.

"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 NLRB Makes It Easier For Employees To Unionize," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2015

"If You Think You Know Whether You Would Be Considered An Employer Under An Employment Statute, You Should Think Again," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2014

"Two Recent ADA Decisions Teach Employers That They Must Evaluate Accommodation Requests on a Case-by-Case Basis," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2014

"A Bankruptcy Court Teaches Another Lesson About the WARN Act Notice Requirements," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2014

"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

"Employers May Be Able to Prevent Class Actions With Arbitration Policies," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2013

"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

"The Supreme Court Offers Good News to Employers," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2013

"Important Changes That Will Impact Employers' Daily Practices and Policies - New FMLA Regulations Already in Effect," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2013

"NLRB Limits When An Employer May Require Confidentiality During Ongoing Investigations," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2013

"Are Employers Required to Pay Employees for Time Not Worked Due to an Office Closure," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2012

"Lessons Learned By the Tip Pooling Practice at Starbucks," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2012

"Wage and Hour Issues Continue to Trip Up Employers," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2012

"Courts Continue to Enforce Arbitration Agreements Signed by Employees in Connection with their Employment," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2012

"At-Will and No-Contract Disclaimers in the Employee Handbook May Not Protect Employers From WPCL Liability," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2011

"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:
 
  • A major employer in the healthcare industry in 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;
  • 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;
  • a 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;
  • a pharmaceutical company in defense of an FLSA collective action alleging improper classification of employees as exempt;
  • an international private equity management company on matters concerning various discrimination statutes;
  • hundreds of individuals, in each of several different matters, who were terminated by their employers without being given 60-days notice of their terminations as required under the Workers Adjustment and Retraining Notification Act (a/k/a the WARN Act);
  • a university in a multi-million dollar defamation action;
  • a Fortune 500 company in the successful defense of a case brought under the Family and Medical Leave Act and Michigan’s Persons with Disabilities Civil Rights Act;
  • an insurance company in a matter filed by a former employee involving claims under the Americans with Disabilities Act and the Pennsylvania Human Relations Act; and
  • a group of individuals who allegedly competed with their former employer and were sued under various tort theories, including breach of duty of loyalty and misappropriation of trade secrets.