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Lee C. Durivage

Shareholder
2000 Market Street, Suite 2300
Philadelphia, PA 19103
(215) 575-2584
(215) 575-0856 - Fax
lcdurivage@mdwcg.com

Lee is a member of the Employment Law Practice Group and represents employers in the full spectrum of discrimination, harassment and retaliation claims, including claims pursuant to Title VII, the ADA public accomodation, the ADEA, the FMLA, whistleblower, housing discrimination and related tort claims. He is experienced in handling wage and hour lawsuits, including class and collective actions, pursuant to the FLSA, the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law.

Lee serves as lead counsel for clients from a wide range of industries, including construction, manufacturing, restaurant and hospitality, education, real estate development, health care and non-profit organizations. He has served as lead counsel in a number of employment litigation matters in federal court and state court, as well as before the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission, the Philadelphia Commission on Human Relations. Additionally, Lee advises clients on how to avoid employment disputes altogether by counseling them on compliance with federal, state and local laws with respect to hiring, discipline, medical leave and terminations, as well as conducting workplace investigations and creating and updating employment policies and procedures to proactively manage employee relations. In 2004, Lee graduated from Syracuse University with a double major in Communications & Rhetorical Studies and Political Science. Following graduation, he attended Widener University School of Law, receiving his juris doctor, cum laude, in 2007 and was awarded a Business Organization Law Certificate, with honors.

During his time in law school, Lee served as an administrative board member of the Delaware Journal of Corporate Law and as a member of the Moe Levine Trial Advocacy Honor Society. He joined Marshall Dennehey Warner Coleman & Goggin as a Summer Associate in May 2006 and continued to work with the firm during his final year of law school. Following graduation, Lee returned to the firm as an associate in August 2007.

In addition to his employment practice, Lee has experience litigating environmental, toxic tort and professional liability matters. He has been recognized as a Pennsylvania Super Lawyer: Rising Star by Philadelphia Magazine in the area of Employment Litigation: Defense in from 2012 through 2017. Rising Stars are chosen by their peers as being among the top-up-and-coming lawyers in Pennsylvania. Only 2.5 percent of Pennsylvania attorneys receive this honor each year.

Classes/Seminars Taught

  • Best Practices in Handling Employment Issues, Motor Carrier Insurance Education Foundation, November 2015

  • EPL Training, Berkley Mid-Atlantic Group, co-presenter, June 26, 2014

  • Social Media & Cyber Breaches: the Internet's Impact on Your Business, The Graham Company, co-presenter, May 2014

Publications

  • "The State of Class Action Waivers in Arbitration Agreements," Pennsylvania Law Weekly, November 22, 2016

  • "EEOC’s Proposed Guidance Expands the Scope of Retaliation," Legal Updates for Employment Law, February 2016

  • "Avoiding Penalties When Classifying Independent Contractors," The Legal Intelligencer, Employment Law Supplement, June 30, 2015

  • "Pennsylvania Employment Law Update," Counterpoint, newsletter of the Pennsylvania Defense Institute, 2008-present

  • "Avoiding Age Discrimination Claims in Succession Planning," The Legal Intelligencer, June 11, 2013

  • "When Does Striving for a Health Workforce Violate the Law?," The Legal Intelligencer, June 12, 2012

  • "The Continued Expansion of the ADA: The Equal Employment Opportunity Commission's Updated Regulations In Light of the Americans with Disabilities Act Amendments Act," Counterpoint, newsletter of the Pennsylvania Defense Institute, Oct. 2011

  • "Undue Hardship: the Employer's Burden Under the ADAAA," The Legal Intelligencer, June 15, 2011

  • Case Law Alerts, regular contributor, 2008-2018

Education

  • Widener University School of Law, Wilmington, DE (J.D., 2007)

    Honors: cum laude
    Honors: Business Organizations Law Certificate, With Honors
    Honors: Moe Levine Trial Advocacy Honor Society, Member
    Law Journal: Delaware Journal of Corporate Law, Articles Editor 

  • Syracuse University, Syracuse, NY (B.S., 2004)

    Major: Communication & Rhetorical Studies, Political Science 

Pages

Law Alerts April 1, 2017
The Third Circuit upheld the dismissal of the plaintiff’s FMLA retaliation claim, finding that the plaintiff could not demonstrate that his termination was pretextual in light of the employer’s honest belief that the plaintiff misused..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts February 23, 2016
EEOC’s Proposed Guidance Expands the Scope of Retaliation By Lee C. Durivage On January 21, 2016, the EEOC issued its Proposed Enforcement Guidance on Retaliation and Related Issues, the first guidance on retaliation issued by the EEOC since...,   The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Law Alerts January 15, 2016
The Pennsylvania Superior Court affirmed a judgment in favor of a former hospital employee who was awarded more than $120,000 following a bench trial. The employee was a direct care worker at the hospital and was terminated after she refused to work..., Case Law Alerts, 1st Quarter, January 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts January 15, 2016
A class of prison guards sued the county, alleging that they were not properly compensated for meal break periods at the prison, in violation of the Fair Labor Standards Act. It was undisputed that the prison guards, pursuant to their collective..., Case Law Alerts, 1st Quarter, January 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts January 15, 2016
The employee asserted that his former employer interfered with his rights under the Family and Medical Leave Act and retaliated against him when it terminated his employment on the day he was scheduled to return from medical leave. The employer..., Case Law Alerts, 1st Quarter, January 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts January 15, 2016
The Third Circuit vacated summary judgment in favor of a retailer on a plaintiff’s claims of discrimination during the plaintiff’s assignment through a staffing agency at the store. In determining that the plaintiff could proceed to..., Case Law Alerts, 1st Quarter, January 2016 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts July 6, 2015
A company hired the plaintiff as a laborer and driver and assigned him to work at Lowe’s. The plaintiff injured his ankle approximately two weeks after he was hired and subsequently filed for workers’ compensation benefits. The company..., Case Law Alerts, 3rd Quarter, July 2015 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts July 6, 2015
The U.S. Supreme Court determined that an employee created a genuine issue of fact (requiring denial of summary judgment) when that pregnant employee presented evidence that the employer provided more favorable treatment to other employees whose..., Case Law Alerts, 3rd Quarter, July 2015 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts July 6, 2015
A woman filed a Charge of Discrimination against Mach Mining, alleging that its failure to hire her as a coal miner constituted gender discrimination. The EEOC later found that “reasonable cause” existed that the company had..., Case Law Alerts, 3rd Quarter, July 2015 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

Pages

January 4, 2016
Marshall Dennehey Warner Coleman & Goggin is pleased to announce that 14 attorneys were elected shareholders of the firm at the annual shareholders' meeting held December 8 in Philadelphia. The new shareholders, listed by office, are as follows. Philadelphia, PA:  Jason W. Bialker, member of...
August 2, 2013
Marshall Dennehey Warner Coleman & Goggin has partnered with the Veterans Law Clinic of Widener Law School to provide pro bono legal services through its Volunteer Attorney Program. The clinic provides free legal representation to veterans and their dependents with disability compensation...

Education

  • Widener University School of Law (J.D., cum laude, 2007)
  • Syracuse University (B.S., 2004)

Bar Admissions

  • Pennsylvania, 2007
  • U.S. District Court Eastern District of Pennsylvania, 2007
  • U.S. District Court Middle District of Pennsylvania, 2014

Associations & Memberships

  • American Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association

Honors & Awards

  • Pennsylvania Super Lawyers Rising Star, 2012-2019

    The 2019 Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.


Year Joined Organization: 2006

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