Labor and Employment Litigation
David Freedman is an experienced labor and 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 Combined Omnibus Budget Reconciliation Act (“COBRA”), the Pennsylvania Human Relations Act, the Pennsylvania Wage Payment Collection Law, and the Pennsylvania Unemployment Compensation Law, among others. Some examples of David’s litigation experience include:
• 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;
• David has successfully defended numerous claims of academic discrimination brought by students against institutions of higher learning;
• 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. Some 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.
Higher Education Litigation and Counseling
David also 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 Title IX compliance, 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.
- University of Richmond School of Law, J.D., magna cum laude, University of Richmond Law Review, editor and staff member
- George Mason University, B.A.
- Clare House, Board Member 2009-Present, Board President 2013-Present
La Academia Partnership Charter School, Board of Trustees 2010-Present
United Way of Lancaster County, Personnel Committee, Member 2012-Present
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Western District of Virginia
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
Supreme Court of the United States
- Lancaster Bar Association
- Law Clerk to Hon. Sylvia H. Rambo, U.S. District Court for the Middle District of Pennsylvania (2001-2003)