Andrea M. Kirshenbaum is the Chair of the Firm's Wage and Hour Practice Group, a Principal in its Employment & Employee Relations Practice Group, and a member of the Firm's Appellate Department. She defends employers nationally in federal and state court litigation involving all major employment statutes, represents them in related government investigations, and counsels them proactively on compliance with these statutes.
Ms. Kirshenbaum focuses a significant portion of her practice on wage and hour related compliance and litigation under the Fair Labor Standards Act (FLSA) and applicable state laws governing wages and pay practices. She also defends clients in complex class action litigation involving a variety of federal and state statutes as well as claims under the common law.
Ms. Kirshenbaum has broad industry experience, with clients in the construction, commercial real estate, energy and utilities, financial services, health care, hospitality and retail, information technology, manufacturing, pharmaceutical, and professional services industries, among others.
In her litigation and investigations practice, Ms. Kirshenbaum has a track record of securing summary judgment, dismissals, and favorable settlements for clients. Specifically, she provides counsel and representation related to:
- FLSA (including pay practices and employee misclassification) and state wage and hour laws
- Age Discrimination in Employment Act
- Americans with Disabilities Act (ADA) (including public accommodation litigation under Title III)
- Employee Retirement Income Security Act of 1974 (ERISA)
- Equal Pay Act
- Family & Medical Leave Act (FMLA)
- Federal, state and local administrative agency proceedings
- National Labor Relations Act (NLRA)
- Title VII of the Civil Rights Act of 1964
- Title IX
- Trade secrets and covenants not-to-compete
- U.S. Department of Labor (DOL), Wage and Hour Division, and state wage and hour investigations
In her compliance and consulting practice, Ms. Kirshenbaum provides proactive counseling and guidance regarding the full range of employee relations challenges that employers confront on a day-to-day basis. Ms. Kirshenbaum also supports her clients through audits of employer policies and procedures and recommendations on best practices to facilitate adherence to all federal, state, and local employment laws. This includes wage and hour and pay practices; job descriptions and worker classifications; employee background checks; drug testing; employee handbooks; executive severance agreements; employment contracts and agreements; restrictive covenants; risk prevention/management education and seminars; and employee/workplace privacy matters.
Ms. Kirshenbaum serves as the Wage and Hour columnist for The Legal Intelligencer, covering the shifting regulatory and litigation environment surrounding wages and pay practices. From 2014 - 2020 she has been recognized as a Pennsylvania Super Lawyer by her peers as published by American Lawyer Media and Philadelphia Magazine. The Best Lawyers in America© recognized Ms. Kirshenbaum in its 2020 edition in the category of Employment Law - Management. For information about this selection and an overview of common third-party publications, rankings, and lists methodologies, click here.
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