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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 October 18, 2013
The plaintiff alleged that her former employer interfered with her rights pursuant to the Family and Medical Leave Act when it denied her FMLA leave and retaliated against her when it terminated her employment. The plaintiff alleged that she..., Case Law Alert, 4th Quarter 2013
Law Alerts October 18, 2013
The Supreme Court resolved a circuit split and held that an employee is a supervisor for purposes of establishing vicarious liability in a Title VII hostile work environment case only when “the employer has empowered that employee to take..., Case Law Alert, 4th Quarter 2013
Law Alerts October 18, 2013
The plaintiffs filed a collective action pursuant to the Fair Labor Standards Act against SEPTA, seeking recovery of unpaid wages and overtime in connection with pre-run reporting responsibilities and pre-trip vehicle safety inspections (which..., Case Law Alert, 4th Quarter 2013
Law Alerts October 18, 2013
The United States Supreme Court held that a plaintiff bringing a retaliation claim under Title VII must demonstrate “that the desire to retaliate was the but-for cause of the challenged employment action” and further noted that a “..., Case Law Alert, 4th Quarter 2013
Law Alerts July 1, 2013
The plaintiff asserted a hostile work environment and constructive discharge claim after he resigned from his employment in February 2010. Specifically, the plaintiff alleged that when he arrived to work, he inquired as to whether he had to move his..., Case Law Alert, 3rd Quarter 2013
Law Alerts July 1, 2013
The plaintiff filed a religious discrimination lawsuit, alleging he was harassed and terminated by a company that was initially founded by his father after the plaintiff had a "spiritual awakening" fourteen years prior to his termination...., Case Law Alert, 3rd Quarter 2013
Law Alerts July 1, 2013
The Pennsylvania Supreme Court held that a restrictive covenant contained in an employment contract was valid and precluded the employee from continuing his employment with a competitor, even though the initial offer letter provided to the employee..., Case Law Alerts, 3rd Quarter 2013
Law Alerts July 1, 2013
The plaintiff alleged that he was discriminated against on the basis of his disability after he received medical treatment for an alleged work-related injury. Specifically, when the plaintiff received treatment for his alleged work injury, he..., Case Law Alert, 3rd Quarter 2013
Law Alerts July 1, 2013
The plaintiff initiated a collective action on behalf of herself and all similarly situated individuals, alleging that the employer violated the Fair Labor Standards Act by implementing a policy subjecting certain employees to an automatic meal..., Case Law Alert, 3rd Quarter 2013
Articles June 11, 2013
The Legal Intelligencer, June 11, 2013

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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