Andrea M. Kirshenbaum Principal Chair, Employment and Labor Practice Group

Philadelphia, PA Phone: 215-587-1126 Fax: 215-320-4711 [email protected]

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.

Bio Practices Employment and Labor Andrea M. Kirshenbaum is the Chair of the Firm's Employment and Labor Wage and Hour Practice Group and its related Practice Groups, Employment and Collective Employment and Employee Class Actions, Employment & Employee Relations, Labor, Trade Secret & Relations Non Compete Law, and Wage and Hour. She is also a member of the Firm's Employment Collective and Class Actions Appellate Department. She defends employers nationally in federal and Trade Secret & Non-Compete Law state court litigation involving all major employment statutes, represents Labor them in related government investigations, and counsels them proactively Health Care on compliance with these statutes. Health Care Litigation Services Ms. Kirshenbaum focuses a signifcant portion of her practice on wage and Higher Education hour-related compliance and litigation under the Fair Labor Standards Act Hospitality and Retail (FLSA) and applicable state laws governing wages and pay practices. She Regulated Cannabis also defends clients in complex class action litigation involving a variety of Appellate federal and state statutes as well as claims under the common law. Class Action Defense Ms. Kirshenbaum has broad industry experience, with clients in the Commercial Litigation construction, commercial real estate, energy and utilities, fnancial services, Coronavirus (COVID-19) Task health care, hospitality and retail, information technology, manufacturing, Force pharmaceutical, and professional services industries, among others. Industries In her litigation and investigations practice, Ms. Kirshenbaum has a track Professional Services record of securing summary judgment, dismissals, and favorable Pharmaceutical settlements for clients. Specifcally, she provides counsel and representation Manufacturing related to: Insurance FLSA (including pay practices and employee misclassifcation) and state Hospitality wage and hour laws Higher Education Health Care Age Discrimination in Employment Act Banking and Financial Services Americans with Disabilities Act (ADA) (including public accommodation Energy and Utilities litigation under Title III) Communications Employee Retirement Income Security Act of 1974 (ERISA) Real Estate Equal Pay Act Construction Family & Medical Leave Act (FMLA) Medical Device & Life Sciences Federal, state and local administrative agency proceedings Education National Labor Relations Act (NLRA) J.D., Cum Laude, University of Title VII of the Civil Rights Act of 1964 Pennsylvania Law School, 2001 Associate Editor; Articles Editor of Title IX the Journal of Labor and

postschell.com | 1 Trade secrets and covenants not-to-compete Employment Law; H. Clayton Louderback Legal Writing Fellow U.S. Department of Labor (DOL), Wage and Hour Division, and state wage M.A., University of Pennsylvania, and hour investigations 1998 In her compliance and consulting practice, Ms. Kirshenbaum provides A.B. in History, Cum Laude, Duke proactive counseling and guidance regarding the full range of employee University, 1996 Graduated with distinction in relations challenges that employers confront on a day-to-day basis. Ms. History Kirshenbaum also supports her clients through audits of employer policies and procedures and recommendations on best practices to facilitate Bar Memberships adherence to all federal, state, and local employment laws. This includes Pennsylvania wage and hour and pay practices; job descriptions and worker New York classifcations; employee background checks; drug testing; employee handbooks; executive severance agreements; employment contracts and Court Admissions agreements; restrictive covenants; risk prevention/management education U.S. Court of Appeals, Third Circuit and seminars; and employee/workplace privacy matters. U.S. District Court for the Eastern District of Pennsylvania Ms. Kirshenbaum serves as the Wage and Hour columnist for The Legal U.S. District Court for the Middle Intelligencer, covering the shifting regulatory and litigation environment District of Pennsylvania surrounding wages and pay practices. From 2014 - 2021 she has been U.S. District Court for the Western recognized as a Pennsylvania Super Lawyer by her peers as published by District of Pennsylvania American Lawyer Media and Philadelphia Magazine. The Best Lawyers in U.S. District Court for the Eastern America© recognized Ms. Kirshenbaum in its 2020, 2021, and 2022 editions in District of New York the category of Employment Law - Management. For information about U.S. District Court for the Southern this selection and an overview of common third-party publications, District of New York rankings, and lists methodologies, click here. U.S. Court of Federal Claims

Publications

"Expansive View of Compensable Time Under PMWA Likely to Drive More Class Actions," The Legal Intelligencer (September 8, 2021) "Construction Companies’ Wage-and-Hour Noncompliance Viewed as 'Wage Theft'," The Legal Intelligencer (August 20, 2021) "Avoiding Wage-and-Hour Pitfalls in the Post-Pandemic Workplace," The Legal Intelligencer (March 26, 2021) "Should Your Organization Consider a COVID-19 Vaccination Mandate?," The Legal Intelligencer (December 21, 2020) "What HR Needs to Know Now About COVID-19 Vaccine Policy," HR Executive Magazine (November 9, 2020) "Pa. Signifcantly Increases OT Salary Thresholds Under the Minimum Wage Act," The Legal Intelligencer (October 26, 2020) "Employers Should Plan For Vaccine Religious Exemptions," Law360 (September 29, 2020) "Avoiding Wage-and-Hour Woes During the COVID-19 Pandemic," The Legal Intelligencer (July 27, 2020) "The Families First Coronavirus Response Act: What Employers Need to Know," The Legal Intelligencer (March 30, 2020) "‘Tis the Season for Overtime Regulations for Both the DOL and L&I," The Legal Intelligencer (October 29, 2019) "New EEO-1 Pay Data Reporting Requirements: What Employers Need to Know," The Legal Intelligencer (July 29, 2019) "U.S. Department of Labor Proposes New Overtime Rule...Again," The Legal Intelligencer (March 22, 2019) "Joint Employment, Compliance and Overtime: A Wage-and-Hour Update," The Legal Intelligencer (October 30, 2018) "Pa. Proposes Signifcant Increase to Overtime Salary Thresholds," The Legal Intelligencer (July 2, 2018) "Amendment to the FLSA: The Tip Income Protection Act of 2018," The Legal Intelligencer (April 2, 2018)

postschell.com | 2 "Court Defnes 'Willfulness' Under FLSA and OKs Reduced Fee Award," The Legal Intelligencer (October 2, 2017) "The Obstacles to Private Resolution of FLSA Claims," The Legal Intelligencer (July 31, 2017) "States and Localities Tussle for Wage and Hour Control," The Legal Intelligencer (April 3, 2017) "Is the 'gig' economy forcing changes in workforce classifcation?," Newsworks (March 10, 2017) "What to Expect From Department of Labor Nominee Andrew Puzder," The Legal Intelligencer (January 4, 2017) "Implications of the Medical Marijuana Law for Health Care Providers, The Legal Intelligencer's Life Sciences, Pharmaceuticals, and Health Care Supplement (October 11, 2016) "Groups Sue to Enjoin DOL's Final Rule on Salary Exemptions," The Legal Intelligencer (October 3, 2016) "Tip Credit and Pooling Law Challenges Employers," The Legal Intelligencer (August 1, 2016) "Employers Need to Assess Impact of DOL's Final Overtime Rule," The Legal Intelligencer (May 20, 2016) "DOL's White-Collar Exemptions: To Reclassify or Not?," The Legal Intelligencer (April 4, 2016) "New Guidance Cements DOL's Tough Joint Employment Stance," Law360 (January 29, 2016) "Preparing for DOL's Final Rule on FLSA's 'White-Collar' Exemptions," The Legal Intelligencer (January 4, 2016) "Square Peg of Sharing Economy, Round Hole of Wage-and-Hour Law," The Legal Intelligencer (November 2, 2015) "Independent Contractor Misclassifcation Presents DOL/IRS Dual Threat," The Legal Intelligencer (September 10, 2015) "DOL Overtime Rule Will Hit Hospitality Employers Hard," Hospitality Law360 (August 12, 2015) "New Salary Thresholds Proposed for Workers Subject to ‘White-Collar’ Exemptions," The Legal Intelligencer (July 6, 2015) "'Pay Per Visit' and the Litigation Risk for Home Health Care Organizations," AHLA's Labor & Employment Newsletter, Vol. 14, Issue 1 (June 2015) "DOL Budget Proposal Ofers Window Into Compliance Priorities," The Legal Intelligencer (May 4, 2015) "Sweeping Changes to FLSA 'White-Collar' Exemptions Are Imminent," The Legal Intelligencer (February 26, 2015) "New High-Risk Wage-and-Hour Class Action Environment Post- 'Braun'," The Legal Intelligencer (January 5, 2015) "Hospitality Industry Remains in the Cross Hairs of Department of Labor Following Wage Violation Study," HospitalityLawyer's CONVERGE (December 26, 2014) "Surge in FMLA Lawsuits Creates Challenges for Employers," The Legal Intelligencer (December 1, 2014) "Joint Employer Liability Under the Wage and Hour Laws," The Legal Intelligencer (October 6, 2014) "Mobile Workforce Creates Breeding Ground for Wage and Hour Risk," The Legal Intelligencer (August 4, 2014) "The Case for Mandatory Class and Collective Action Waivers," The Legal Intelligencer (June 3, 2014) "Building Litigation Firewalls With a Wage and Hour Audit," The Legal Intelligencer (April 7, 2014)

postschell.com | 3 "Employee Misclassifcation Litigation is on the Rise," The Legal Intelligencer (February 3, 2014) "Looking Back on 2013 for Issues to Be Wary of in 2014," The Legal Intelligencer (December 30, 2013) "Beware the Perils of Varying State Wage-and-Hour Laws," The Legal Intelligencer (October 31, 2013) "Modern Workforce Realities Drive Record Pace in FLSA Suits," The Legal Intelligencer (August 29, 2013) "Lurking in the Shadows: Pa.’s Wage Payment and Collection Law," The Legal Intelligencer (May 23, 2013) "Wage-and-Hour Headaches Plaguing the Restaurant Industry," The Legal Intelligencer (March 28, 2013) "Labor Department Targets Independent Contractor Misclassifcation," The Legal Intelligencer (January 31, 2013) "Compliance Challenges: Of-the-Clock Claims Under the FLSA," The Legal Intelligencer (December 28, 2012) "Life Lessons Learned From Little League Baseball," The Legal Intelligencer (August 17, 2012) "Navigating the Brave New World of Immigration Enforcement," The Legal Intelligencer (August 9, 2012) (with Peter D. Hardy and Matthew T. Newcomer) "Third Circuit Provides Guidance on Joint Employer Liability," The Legal Intelligencer (August 2, 2012) "The DOJ’s New ADA Regulations and Accessibility Guidelines," Commercial Leasing Law and Strategy (January 2011) "New ADA Regulations Afect Govt. Entities, Public Accommodations," The Legal Intelligencer (September 27, 2010) "Agreements to Arbitrate Employment Disputes: Pennsylvania Supreme Court’s Decision in Salley v. Option One May Change the Calculus as to Whether Employers Opt for Arbitration Agreements with Employees," The Legal Intelligencer (August 30, 2007) "Because of. . . Sex: Rethinking the Protections Aforded Under Title VII in the Post-Oncale World," 69 Albany L. Rev. 139 (2006) "Hostile Environment Sexual Harassment Law and the First Amendment: Can the Two Peacefully Coexist?," 12 University of Texas Journal of Women and the Law 67 (2003) "Kolstad v. American Dental Association: The Opportunity for Punitive Damages in Employment Discrimination Cases," 3 University of Pennsylvania Journal of Labor and Employment Law 617 (2001) "The Vampire that Hovers over North Carolina: Gender, White Supremacy, and the Wilmington Race Riot of 1898," 4 Southern Cultures 6 (1998)

Speaking Engagements

Presenter, "Vaccine Mandates and the Workplace," Post & Schell Webinar (August 26, 2021) Co-Presenter, "What Employers Need to Know About Pay Practices for Tipped Employees," Pennsylvania Restaurant & Lodging Association (PRLA) Webinar (August 3, 2021) Presenter, "Impact of New PA Salary Thresholds," Pennsylvania Restaurant & Lodging Association (PRLA) Webinar (June 9, 2021) Presenter, "COVID-19 Vaccinations and Employees: Navigating the Legal Challenges," PRLA Webinar (June 8, 2021) Panelist, "Women & The Workplace," Forum of Executive Women/Philadelphia Business Journal Webinar (April 27, 2021)

postschell.com | 4 Presenter, "Navigating Vaccinations and Religious Exemptions under Title VII in the COVID-19 Era," Pennsylvania Bar Institute's (PBI) Health Law Institute 2021 (March 2021) Panel Moderator, "Top Health Industry Issues of 2021: Will a Shocked System Emerge Stronger?" Duke Philadelphia Alumni Webinar (March 4, 2020) Panel Moderator, "The Impact of the COVID-19 Pandemic on Working Mothers and How to Move Forward," The Forum for Executive Women Panel Discussion (January 26, 2021) Co-Presenter, "COVID-19: Vaccination Protocols and the Regulatory and Legal Landscape," West LegalEd Center CLE Webinar (December 21, 2020) Co-Presenter, "COVID-19: Vaccination Protocols and Regulatory & Legal Considerations for Employers," WPS Webinar (September 24, 2020) Presenter, "Navigating Vaccinations and Religious Exemption Under Title VII in the COVID-19 Era," Pennsylvania Bar Institute (PBI) Webinar (August 27, 2020) Co-Presenter, "Managing Employment Challenges in an Age of Opioid, CBDs, Medical Marijuana, Drugs & Alcohol," PBI's 2020 Employment Law Institute (July 22, 2020) Co-Presenter, "Families First Coronavirus Response Act: Insights for Employers," Pennsylvania Motor Truck Association (PMTA) Webinar (March 30, 2020) Co-Presenter, "Families First Act & The Hospitality Industry," Pennsylvania Restaurant & Lodging Industry (PRLA) Webinar (March 24, 2020) Co-Presenter, "Managing Employment Challenges in the Age of the Opioid Epidemic," PBI's 2020 Health Law Institute, Philadelphia, PA (March 12, 2020) Presenter, "Are You Ready for the Federal Overtime Regulations?" PRLA Webinar (December 13, 2019) Presenter, "Legal FAQ’s for New Employers & When to Bring in an Expert," Women's Business Enterprise Center (WBEC) seminar, Philadelphia, PA (October 24, 2019) Presenter, "Medical Marijuana in PA and NJ: Legal and Practical Issues," Post & Schell CLE Seminar, Philadelphia, PA (October 14, 2019) Panelist, "The Tax and Wage and Hour Ramifcations of Worker Misclassifcation," Philadelphia Bar Association's Tax Section Panel Discussion, Philadelphia, PA (September 25, 2019) Presenter, "Hot Topics in Employment and Wage and Hour Law," 6th Annual FSA Compliance and Risk Management Conference, King of Prussia, PA (September 24, 2019) Presenter, "Pay Equity Laws," PEBA, the Association for the Delaware Valley's Benefts and Compensation Professionals, Philadelphia, PA (September 18, 2019) Presenter, "Immigration Issues in the Hospitality Industry," PRLA Philadelphia June Chapter Meeting, Philadelphia, PA (June 13, 2019) Co-Presenter, "Ethics War Stories," Pennsylvania Bar Institute's (PBI) 2019 Employment Law Institute, Philadelphia, PA (April 25, 2019) Presenter, "Tracking Hours for Salaried Workers in the Digital Employment Age," PR & LA Destination Marketing Organization (DMO) Conference, Harrisburg, PA (March 11, 2019) Presenter, "Time's Up for Sexual Harassment in Hospitality: Creating a Culture of Respect & Inclusion," PRLA Annual Meeting & Expo, Philadelphia, PA (October 23, 2018) Presenter, "FLSA Update," PEBA, the Association for the Delaware Valley's Benefts and Compensation Professionals, Philadelphia, PA (June 14, 2018)

postschell.com | 5 Presenter, "Wage and Hour 101," PRLA Northeastern PA Chapter Meeting, Tannersville, PA (June 14, 2017) Co-Presenter, "When Patrons Attack: Employment Law Risk and the Disruptive Customer," 15th Annual Hospitality Law Conference, Houston, TX (April 25, 2017) Presenter, "Wage and Hour 101," PRLA Spring Seminar, State College, PA (April 3, 2017) Panelist, "The First 100 Days," Philadelphia Chapter, Society for Human Resource Management (SHRM) 2017 Symposium, Philadelphia, PA (March 30, 2017) Presenter, "Hold Your Hire or Hold Your Fire – Best Practices for Beginning — and Ending — the Employment Relationship," Post & Schell, P.C. Seminar, Breinigsville, PA (March 9, 2017) Co-Presenter, "Hospital as Employer: The Role of Employee Leasing Arrangements in Preventing Fraud and Abuse, Misclassifcation, Joint Employer Liability," Pennsylvania Bar Institute's (PBI) 23rd Annual Health Law Institute, Philadelphia, PA (March 8, 2017) Panelist, "Impact of the Election on Employment Law Issues," SHRM Philadelphia Chapter Meeting, Philadelphia, PA (November 10, 2016) Presenter, "Wage and Hour 101 and Philadelphia Wage Theft Ordinance," PR&LA Philadelphia Chapter Meeting, Philadelphia, PA (November 10, 2016) Presenter, "Overview of the Department of Labor's Overtime Rules and Impact on Hospitality Employers," PR&LA Webinar (November 1, 2016) Presenter, "Overview of the Department of Labor's Overtime Rules and Impact on Employers," Pennsylvania Health Care Association Webinar (July 12, 2016) Presenter, "Overview of the Department of Labor's Overtime Rules and Impact on Hospitality Employers," PR&LA Webinar (June 28, 2016) Faculty, "Compliance with the New U.S. Department of Labor Regulations Narrowing Overtime Exemptions," PBI CLE webinar (June 8, 2016) Presenter, "Overview of the Department of Labor's Overtime Rules and Impact on Employers," Post & Schell Webinar (May 25, 2016) Co-Presenter, "Criminal Background Checks After the Peake Decision: What You Need to Know to Remain Compliant," Pennsylvania Health Care Association (PHCA) Webinar (April 26, 2016) Co-Presenter, "How the DOL’s Proposed Overtime Salary Thresholds Could Impact Health Care Employers," PBI's 22nd Annual Health Law Institute, Philadelphia, PA (March 16, 2016) Presenter, "Wage and Hour Update: Independent Contractor Misclassifcation, Joint Employment and the DOL's Proposed Regulations," PEBA, the Association for the Delaware Valley's Benefts and Compensation Professionals, Philadelphia, PA (March 10, 2016) Co-Presenter, "Is Your Website a Place of Public Accommodation?," HospitalityLaw Conference, Houston, TX (February 22, 2016) Faculty, "New DOL Proposed Updates to the White Collar Exemption Tests: What Do They Mean?," PBI's Wage and Hour Symposium, Philadelphia, PA (November 20, 2015) Presenter, "How the DOL’s Proposed Regulations and Administrator’s Interpretation Could Impact Hotels," Seminar for members of The Greater Philadelphia Hotel Association (GPHA), Philadelphia, PA (October 15, 2015) Presenter, "Understanding and Responding to the Department of Labor's New Proposed Overtime Thresholds and Misclassifcation Interpretation ," Emerson Group Seminar, Philadelphia, PA (October 14, 2015)

postschell.com | 6 Co-Presenter, "The Wage and Hour Impact of Remote and Home-Based Workers in Health Care," PBI's Health Law Institute, Philadelphia, PA (March 13, 2015) Co-Presenter, "Managing Remote Workforces: Wage and Hour and Employment Law Concerns for Service Providers," 2014 Pennsylvania Advocacy and Resources for Autism and Intellectual Disability (PAR) Solutions Conference, Harrisburg, PA (November 11, 2014) Presenter, "Wage and Hour: What Employers Need to Know," Greater Philadelphia Chamber of Commerce, Philadelphia, PA (April 30, 2014) Co-Presenter, “Quality Metrics, Contractors and the “Right to Control": Extending Employee Rights to the Independent Medical Staf,” PBI's Health Law Institute, Philadelphia, PA (March 14, 2014) Presenter, "Employment Law Considerations," PEBA Mergers & Acquisitions Boot Camp, Philadelphia, PA (January 16, 2014) Presenter, "Independent Contractor and Leased Employee Issues - Do You Know Who is Performing Your Work?" and "The Compensable Work Day and Getting Control Over When Work is Performed," Pennsylvania Bar Institute (PBI) 3rd Annual Wage & Hour Symposium, Philadelphia, PA (November 11, 2013) Presenter, "Wage & Hour Update: Reducing Risk for Health Care Organizations," Labor & Employment Seminar for Health Care Providers, Harrisburg, PA (May 16, 2013) Co-Presenter, "Defning 'On the Clock" and Factoring in the Latest Developments in Meal and Rest Breaks and Tipped Employee Claims," American Conference Institute's 17th National Forum on Wage & Hour Claims and Class Actions, Conrad Miami, Miami, FL (January 24-25, 2013) Presenter, "Employment Law Considerations," PEBA's Mergers & Acquisitions Boot Camp, Temple University Center City Campus, Philadelphia, PA (November 29, 2012)

Clerkships

The Honorable Harvey Bartle III, Judge, United States District Court for the Eastern District of Pennsylvania - 2001-2003 The Honorable Morton I. Greenberg, Judge, United States Court of Appeals for the Third Circuit - 2003-2004

Afliations

American Bar Association (ABA) American Health Lawyers Association (AHLA) Board of Directors, OROT Board Member, Duke Philadelphia Regional Board The Forum of Executive Women (Program Committee) Member of the Board, ASCEND Group Inc. (The Asperger and Autism Alliance for Greater Philadelphia) Pennsylvania Bar Association (PBA), Women in the Profession Committee Pennsylvania Restaurant & Lodging Association (PR&LA) Philadelphia Bar Association Women Owned Law (Philadelphia Steering Committee)

postschell.com | 7