Advertising Disclosure Email Disclosure
PDF version

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 11, 2013
The parties negotiated a resolution of a collective action pursuant to the Fair Labor Standards Act and sought the court's approval of the settlement agreement. In particular, the court noted that "[c]laims arising under the FLSA may be..., Case Law Alert - 2nd Quarter 2013
Law Alerts April 11, 2013
The plaintiff alleged that she was retaliated against in violation of the ADA after she advised her employer that she may have cancer and may need time off in the future for medical treatments and was laid off approximately three months later. In..., Case Law Alert - 2nd Quarter 2013
Law Alerts April 11, 2013
The plaintiff asserted that the defendant violated the ADA when it failed to "[r]easonably accommodate her visual impairment" at the time she sat for an examination. Specifically, the plaintiff requested several accommodations—..., Case Law Alert - 2nd Quarter 2013
Law Alerts April 11, 2013
The EEOC initiated a class action lawsuit, arguing that U.S. Steel's policy of conducting random drug and alcohol tests on its probationary employees violated the ADA when the employer did not have "[a]n individualized, reasonable suspicion..., Case Law Alert - 2nd Quarter 2013
Law Alerts January 11, 2013
The plaintiff filed a lawsuit alleging that her co-worker's one-time use of a pejorative term with respect to her supported a "regarded as" disability discrimination claim. Specifically, the plaintiff—who is not disabled—..., Case Law Alert - 1st Quarter 2013
Law Alerts January 11, 2013
The plaintiffs filed a collective action pursuant to the Fair Labor Standards Act, alleging the employer failed to pay him and other hourly workers overtime compensation and alleging that he was not paid for hours actually worked. After the lawsuit..., Case Law Alert - 1st Quarter 2013
Law Alerts January 11, 2013
The plaintiff and another employee were terminated following an incident where a resident fell and was injured and the subsequent investigation by the employer revealed that proper procedures were not utilized by the employees. Following the..., Case Law Alert - 1st Quarter 2013
Law Alerts January 11, 2013
The plaintiff alleged gender discrimination and retaliation in connection with his termination from employment. Specifically, the plaintiff and another co-worker dated for a brief period of time, and they would infrequently socialize outside of work..., Case Law Alert - 1st Quarter 2013
Law Alerts October 1, 2012
In The Philadelphia Housing Authority, the employee was found to have engaged in "lewd, lascivious and extraordinarily perverse" sexual harassment—which included verbal comments and inappropriate touching—toward another..., Case Law Alert - 4th Qtr 2012
Law Alerts October 1, 2012
The court determined that a former employee's purported back problem was not an actual disability under the ADA because the employee failed to "put forth evidence showing that his back problems constituted impairment substantially limiting..., Case Law Alert - 4th Qtr 2012

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

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."