David Freedman is a partner in the firm’s Employment Law Group. He concentrates his practice in the areas of employment litigation and counseling, immigration and higher education law.
David represents public and private employers of all types and sizes, including the hospitality industry, 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. In his litigation experience, David has:
- Defended an FLSA collective/class action involving a multimillion dollar claim with over 2,000 plaintiffs
- Obtained a trial verdict in favor of an employer in a suit brought by a terminated long-term employee alleging worker’s compensation retaliation in U.S. District Court for the Eastern District of Pennsylvania
- Obtained a preliminary and final injunction from the Adams County Court of Common Pleas in favor of a health care system and preventing a former employee from establishing a competing medical practice
- Obtained summary judgment for an employer in an age discrimination case in which the plaintiff sought more than $2 million in lost wages and liquidated damages
- Obtained dismissal of case against health care system alleging violations of the Employee Retirement and Income Security Act (ERISA), the ADEA, the False Claims Act, and various state law tort claims
- 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 in the U.S. District Court for the Middle District of Pennsylvania
- Obtained summary judgment for an employer in a case involving allegations of race discrimination in the U.S. District Court for the Western District of Pennsylvania
- Obtained early dismissal of a sexual harassment claim brought against a local government in the Eastern District of Virginia
- 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
- Handled more than 70 unemployment compensation referee hearings and more than 35 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. His counseling crosses many different employer industries, including the hospitality industry. His counseling experience includes:
- Providing training in the labor and employment laws in both English and Spanish
- Assisting employers in conducting confidential internal investigations into allegations of workplace sexual harassment
- Conducting internal sexual harassment investigations in Spanish
- 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
- Assisting restaurants in complying with the intricacies of the “tip credit” under federal and state wage and hour laws
- Drafting complete employee handbooks and reviewing 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 and legal permanent residency for new hires and transferring employees within multi-national companies, including within the food and agribusiness industry. David also counsels individuals and businesses regarding various immigrant investor programs. His current business immigration work includes:
- Representing individuals seeking EB-1 immigrant visas, including foreign nationals of outstanding ability, outstanding researchers and executives of multinational corporations
- Assisting individuals in obtaining a wide variety of employment-based temporary visas, the H-1B specialty occupation visa, the L visa for intercompany transferees, the E visa for treaty traders or investors and the O visa for individuals with extraordinary abilities in the areas of science, art, education, business or athletics
- Assisting food and agribusiness clients in employment law, specifically with I-9 compliance
- Assisting employers addressing the nuances of the optional practical training program for employment of F-1 student visa holders
- Assisting individuals with family-based applications for adjustment of status to permanent legal residency
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. He has conducted extensive, comprehensive internal Title IX investigations. 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.
David also maintains a robust pro bono immigration practice, representing victims of domestic violence, sexual assault and LGBT persecution. He has handled asylum, U-Visa cases, and has represented a habeas corpus petitioner. He also has volunteered for the Pennsylvania Innocence Project, investigating inmates' claims of wrongful conviction.
Prior to joining Barley Snyder, David served as an assistant city attorney for Richmond, Va., 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, Va., office. David started his legal career as a law clerk for the Honorable Sylvia H. Rambo, U.S. District Judge for the Middle District of Pennsylvania.