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

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Andrea M. Kirshenbaum Principal Chair, Employment and Labor Practice Group 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 signi{cant 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, {nancial 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. Speci{cally, she provides counsel and representation Manufacturing related to: Insurance FLSA (including pay practices and employee misclassi{cation) 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 classi{cations; 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. Signi{cantly 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 Signi{cant 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 De{nes '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 classi{cation?," 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 Misclassi{cation 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 Oxers 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
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