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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 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
Law Alerts July 1, 2012
The employee alleged that he was wrongfully terminated in violation of Pennsylvania common law in retaliation for filing a workers' compensation claim. In particular, the employee was injured in November 26 and missed work for a number of days..., Case Law Alert - 3rd Qtr 2012
Law Alerts July 1, 2012
The Supreme Court found that pharmaceutical sales representatives, whose primary duty is to obtain nonbinding commitments from physicians to prescribe their employer's prescription drugs in appropriate cases, qualify as "outside salesmen..., Case Law Alert - 3rd Qtr 2012
Law Alerts July 1, 2012
The Third Circuit upheld summary judgment in favor of an employer in an employee's claim that the employer interfered with her rights under the FMLA. There, the employee was granted FMLA leave of at least four weeks in connection with her..., Case Law Alert - 3rd Qtr 2012
Law Alerts July 1, 2012
The Third Circuit upheld summary judgment in favor of an employer in an employee's claim that the employer interfered with her rights under the FMLA. There, the employee was granted FMLA leave of at least four weeks in connection with her..., Case Law Alert - 3rd Qtr 2012
Law Alerts July 1, 2012
The Supreme Court determined that the FMLA's "self-care" provision did not apply to the states because Congress failed to properly abrogate the state's Eleventh Amendment immunity when it enacted the "self-care" provision..., Case Law Alert - 3rd Qtr 2012
Law Alerts April 1, 2012
The Commonwealth Court reviewed a decision from the Court of Common Pleas that sustained the defendant's preliminary objections and dismissed the plaintiff's complaint. The plaintiff filed a complaint with the Pennsylvania Human Relations..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
The employees prevailed at trial and were, collectively, awarded approximately $2 million in monetary damages. Following the trial, the employer appealed the jury's finding, and the employees appealed the court's denial of prejudgment..., Case Law Alert - 2nd 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

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