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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, 2012
The district court granted a charter school's motion for summary judgment on a former teacher's claims of race and national origin discrimination, harassment and retaliation. Specifically, the employee alleged that the school's principal..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
The Third Circuit upheld summary judgment in favor of an employer in three employees' claims of reverse race discrimination and retaliation. The plaintiffs alleged that Asian employees were treated more favorably than non-Asian employees and..., Case Law Alert - 2nd Qtr 2012
Law Alerts January 1, 2012
The Commonwealth Court reviewed a decision from the Pennsylvania Human Relations Commission, which found that the personal care facility violated the Pennsylvania Human Relations Act by denying a resident a place in the facility because she had HIV..., Case Law Alert, 1st Qtr 2012
Law Alerts January 1, 2012
The plaintiff filed her lawsuit alleging that she was discriminated against on the basis of her race and gender and that a co-worker was sexually harassing her. In rejecting the plaintiff's claims pursuant to the Title VII, the court first noted..., Case Law Alert, 1st Qtr 2012
Law Alerts January 1, 2012
In Estate of Nancy Murray, the plaintiff filed a lawsuit against her former employer following her termination as a staff nurse. Prior to her termination, the plaintiff took two leaves of absence for depression, including a leave of absence eleven..., Case Law Alert, 1st Qtr 2012
Law Alerts January 1, 2012
The plaintiff filed a lawsuit against her former employer alleging, among other things, that it interfered with her rights under the FMLA and retaliated against her. After the employer filed a motion to dismiss, the plaintiff abandoned her..., Case Law Alert, 1st Qtr 2012
Law Alerts October 1, 2011
The plaintiff received a letter on August 29, 2007, which notified her that her employment with the employer was suspended and the employer would be considering her termination at its next meeting. On September 21, 2007, the plaintiff received..., Case Law Alert - 4th Qtr 2011
Law Alerts October 1, 2011
In Dukes, the Supreme Court was tasked to address whether the most expansive gender discrimination case was properly certified as a class action in accordance with the Federal Rules of Civil Procedure. There, the class plaintiffs were current or..., Case Law Alert - 4th Qtr 2011
Law Alerts October 1, 2011
The plaintiff filed a union grievance following his termination as chief of police of the Borough of Duryea. Pursuant to the provisions of the collective bargaining agreement between the police union and the borough, the plaintiff was reinstated as..., Case Law Alert - 3rd Qtr 2011
Law Alerts October 1, 2011
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 (FSLA) by implementing a policy subjecting certain employees to an automatic..., Case Law Alert - 4th Qtr 2011

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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