David Freedman is a partner in the firm’s Employment Law Group. He concentrates his practice in the areas of employment litigation, immigration, and higher education law.
David Freedman is an experienced employment litigator who represents public and private employers of all types and sizes in litigation before state and federal courts and administrative agencies. David has represented employers in claims brought under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Combined Omnibus Budget Reconciliation Act (“COBRA”), the Pennsylvania Human Relations Act, the Pennsylvania Wage Payment Collection Law, the Pennsylvania Minimum Wage Law, and the Pennsylvania Unemployment Compensation Law, among others. Examples of David’s litigation experience include the following:
Obtained a trial verdict in favor of an employer in a suit brought by a terminated long-term employee alleging worker’s compensation retaliation;
Convinced the Pennsylvania Commonwealth Court to reverse an administrative ruling permitting an employee terminated for falsifying documents to obtain unemployment compensation benefits;
Obtained summary judgment for an employer in a case involving allegations of race and age discrimination brought by a 30-year employee;
Obtained early dismissal of a sexual harassment claim brought against a local government;
Successfully argued before the United States Court of Appeals for complete reversal of a $23 million remedial order entered against a local government under Title II of the ADA;
Obtained a trial verdict in favor of a property owner in a breach of contract action arising out of the restoration of a landmark; and
David has handled over 50 unemployment compensation referee hearings and more than 25 appeals before the Pennsylvania Unemployment Compensation Board of Review.
Labor and Employment Counseling
David also counsels employers on issues related to employee discipline, termination, workplace harassment, wage and hour compliance, and compliance with federal and state laws like the Fair Labor Standards Act, the FMLA, Title VII, the ADA, the Fair Credit Reporting Act, and numerous other employment laws. David provides employee training regarding these laws in both English and Spanish. Examples of David’s counseling experience include the following:
Assisting employers in conducting confidential internal investigations into allegations of workplace sexual harassment, including allegations of same-sex sexual harassment;
Performing audits to ensure proper classification of employees’ exempt/non-exempt status under the FLSA and the Pennsylvania Minimum Wage Law. David has also conducted audits of workers’ status as an independent contractor/employee under several laws, including the Pennsylvania Unemployment Compensation Law;
Assisting employers in responding to investigations by government agencies, such as the United States Equal Employment Opportunity Commission, the United States Department of Labor, the Pennsylvania Human Relations Commission, and the Pennsylvania Department of Labor and Industry;
Assisting employers in evaluating their pre-employment screening procedures for compliance with the Fair Credit Reporting Act, the Pennsylvania Criminal History Information Act, the ADA, and Title VII;
David has assisted several restaurants in complying with the intricacies of the “tip credit” under federal and state wage and hour laws; and
David has drafted complete employee handbooks and has reviewed specific policies to ensure compliance with state and federal laws, such as Title VII, the ADA, the ADEA, the FMLA, the PHRA, and the Genetic Information Non-Discrimination Act (GINA). David has drafted some of these policies in Spanish for employers with large Spanish-speaking employee populations.
David counsels employers and individuals regarding their immigration needs. David has assisted employers in securing non-immigrant work visas for new hires and transferring employees within multi-national companies. David also counsels individuals and businesses regarding various immigrant investor programs, including the EB-5 immigrant visa program.
David also maintains a robust pro bono immigration practice, representing Latin American rape and LGBT persecution victims.
Higher Education Litigation and Counseling
David represents public and private colleges and universities in matters involving student rights and discipline, including claims brought under the Pennsylvania Fair Educational Opportunities Act, the Americans with Disabilities Act, and Title IX. David also provides training for administrators, faculty, and staff regarding compliance with Title IX and the Violence Against Women Act, student civil rights laws, and legal issues related to faculty hiring and promotions.
Prior to joining Barley Snyder, David served as an assistant city attorney for the City of Richmond, Virginia representing the City in police liability and other civil rights matters under 42 U.S.C. § 1983, the Voting Rights Act, Title VII, the ADA, as well as cases involving construction law, automobile accident liability, and other miscellaneous tort and criminal matters.
Earlier, David was an associate with McGuire Woods, LLP in that firm’s Richmond, Virginia office. David started his legal career as a law clerk for the Honorable Sylvia H. Rambo, United States District Judge for the Middle District of Pennsylvania.