Bio
David E. Renner is an Associate in the Firm's Employment & Employee Relations and Wage and Hour Practice Groups. He represents and counsels employers in a wide variety of employment matters, including wage and hour audits and class/collective actions, anti-discrimination and equal employment opportunity policies, affirmative action planning, trade secret/restrictive covenants, Office of Federal Contract Compliance Programs (OFCCP) audits and investigations, Title III of the Americans with Disabilities Act (ADA) relating to public accommodations, and labor relations.
Mr. Renner is an experienced litigator and has helped clients secure summary judgments, dismissals, and favorable settlements. This includes individual and class/collective action litigation related to trade secret/restrictive covenants, major federal and state employment statutes, including: the Fair Labor Standards Act (FLSA) and state wage and hour laws, the ADA, the Family and Medical Leave Act (FMLA), Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act, among others. In addition, he has obtained favorable results for his clients during federal and state appeals related to various employment matters.
He also helps guide employers through Equal Employment Opportunity Commission (EEOC) employment discrimination charges and litigation and provides counsel regarding state and federal law compliance, including matters related to hiring, workplace investigations, employee discipline and discharge, policies and procedures, and wage and hour matters.
Mr. Renner also focuses a large portion of his practice on wage and hour related compliance and litigation under the FLSA and applicable state laws governing wages and pay practices, including individual and class/collective litigation.
Mr. Renner's experience includes management of OFCCP and federal contractor employment matters, including affirmative action planning, audits, investigations, and general counseling and compliance. He has also represented employers in discrimination matters, including multi-party charges, before the EEOC and Pennsylvania Human Relations Commission (PHRC).
He has significant experience litigating and counseling clients on employee/employer restrictive covenant matters, including hiring and firing of employees with restrictive covenants, advising and litigating tortious interference with restrictive covenant matters, and enforcement of non-competes, post-employment solicitation of employees or customers, and confidentiality agreements.
Mr. Renner also has significant experience advising on and negotiating executive employment agreements, physician employment agreements, and change-in-control agreements on behalf of employers and executives.
From 2016 to 2020, Mr. Renner has been selected by his peers as a Pennsylvania Super Lawyer Rising Star in the categories of Employment & Labor and Employment Litigation. For information about this selection and an overview of common third-party publications, rankings, and lists methodologies, click here.
Education
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J.D., Summa Cum Laude, Duquesne University School of Law, 2011
National Trial Competition - National Quarter-Finalist, 2010; Duquesne Law Review; Shalom Moot Court Award for Outstanding Trial Advocacy - B.S. in Business Administration, Summa Cum Laude, University of Pittsburgh College of Business Administration, 2008
Bar Memberships
- Pennsylvania
Court Admissions
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the Northern District of Ohio
Affiliations
- Defense Research Institute (DRI), Young Lawyer Liaison Vice-Chair to the Employment and Labor Law Committee & Labor and Employment Committee Philanthropy Vice-Chair
- Co-Founder and Vice-Chairman of the Board of Directors, Tri-Rivers Heritage Foundation
- Order of the Barristers
- Pennsylvania Bar Association (PBA)
Representative Matters
- Handled all affirmative action planning and OFCCP compliance matters for Fortune 500 energy supplier.
- Successfully defended numerous ADA website accessibility cases against casinos, hotels, and online retailers.
- Obtained summary judgment on the part of hospital employer regarding former employee’s FMLA interference and retaliation claims.
- Obtained summary judgment on the part of hospital employer regarding former employee’s age, race, and gender discrimination and retaliation claims.
- Successfully defended former employee’s FLSA misclassification claims for unpaid overtime, resulting in summary judgment to employer.
- Obtained dismissal of former employee’s Pennsylvania Whistleblower law claims against large Pittsburgh-based healthcare provider.
- Successfully defended former employee’s claim alleging associational-disability discrimination, resulting in summary judgment to employer.
- Successfully defended large Pennsylvania-based healthcare network and newly-hired physician against claims of breach of non-compete agreement and tortious interference with non-compete agreement claims, resulting in complete dismissal of the action.
- Successfully resolved U.S. Department of Labor, Wage and Hour Division investigation into regional trucking company’s overtime pay practices.
- Successfully enforced non-competition agreement against former physician on behalf of Western Pennsylvania hospital, resulting in full enforcement of the restrictive covenants.
Publications
- "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)
Speaking Engagements
- Wage and Benefit Issues," Mini Law School for HR Professionals, National Business Institute (NBI) CLE Webinar (April 23, 2020)
- Other Employment Laws You Need to Know," Mini Law School for HR Professionals, National Business Institute (NBI) CLE Webinar (April 23, 2020)
- Discipline and Discharge: Necessary Documentation," Mini Law School for HR Professionals, National Business Institute (NBI) CLE Webinar (April 23, 2020)
- "FMLA Leave Essentials," Pennsylvania Employment Law, National Business Institute (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 Pennsylvania Restaurant & Lodging Association (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)
News & Insights
Education
-
J.D., Summa Cum Laude, Duquesne University School of Law, 2011
National Trial Competition - National Quarter-Finalist, 2010; Duquesne Law Review; Shalom Moot Court Award for Outstanding Trial Advocacy - B.S. in Business Administration, Summa Cum Laude, University of Pittsburgh College of Business Administration, 2008
Bar Memberships
- Pennsylvania
Court Admissions
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the Northern District of Ohio
Affiliations
- Defense Research Institute (DRI), Young Lawyer Liaison Vice-Chair to the Employment and Labor Law Committee & Labor and Employment Committee Philanthropy Vice-Chair
- Co-Founder and Vice-Chairman of the Board of Directors, Tri-Rivers Heritage Foundation
- Order of the Barristers
- Pennsylvania Bar Association (PBA)