Jonathan D. Wetchler

Partner

Phone: +1 215 979 1886
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Jonathan D. Wetchler is an employment lawyer who works closely with clients to manage and resolve issues and disputes in virtually all areas of employment law. Having served as in-house counsel for two Fortune 500 companies and a high-tech start-up, Mr. Wetchler helps employers to develop and implement strategies, practices and programs to reduce their potential exposure to liability and to successfully resolve high-risk disputes and claims.

With more than 20 years of experience in the area of employment litigation, Mr. Wetchler has successfully handled a wide variety of employment disputes, from class and collective actions to high-profile single plaintiff cases, as well as arbitrations and mediations. He has handled allegations of employment discrimination, sexual assault, sexual harassment, violations of ERISA, employee piracy, breach of covenants against competition and misappropriation of proprietary and confidential information, violations of wage payment statutes and the FLSA, OSHA, breach of employment contracts, defamation, whistle-blower claims and discharges in violation of public policy.

Mr. Wetchler is actively involved in the negotiation and development of executive employment contracts as well as non-competition and anti-piracy agreements and programs. He designs and implements voluntary and involuntary reduction-in-force programs and works with clients, when appropriate, to develop programs requiring employees to arbitrate, rather than to litigate, their employment claims.

Mr. Wetchler trains executives in managing employment-related issues and has made numerous presentations to industry groups, including the Pennsylvania Bar Institute, the Pennsylvania Chamber of Business and Industry, the Association of Legal Administrators and the National Business Institute, about the implementation of practices and programs to meet business goals and reduce potential claims.

Areas of Practice

Employment Law
Employee Benefits

Admissions

Pennsylvania
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Southern District of Texas
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Eastern District of Pennsylvania
U.S. Court of Appeals for the Third Circuit
Supreme Court of the United States

Experience

Trend Integration, LLC
Vice President and General Counsel, 2009-2010
WolfBlock LLP
Partner, 1993-2009
Associate, 1988-1993
Scott Paper Co.
Attorney, 1986-1988
Montgomery, McCracken, Walker & Rhoades
Associate, 1984-1986
Gulf Oil Corporation
Attorney, 1981-1984

Professional Activities

Philadelphia Bar Association

Honors and Awards

AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Selected Publications

Author, "Sixth Circuit 'Nondecision' Highlights the Need to Carefully Draft Confidentiality and Nondisparagement Provisions in Employment-Related Agreements," Duane Morris Alert, September 23, 2024
Author, "OSHA's New Walkaround Rule Permits Union Representatives to Join OSHA Compliance Officers in Inspections of Nonunion Workplaces," Duane Morris Alert, April 3, 2024
Co-author, "Employment-Related Agreements, Particularly Separation Agreements, Should Be Reviewed in Light of Recent SEC Enforcement Activity," Duane Morris Alert, November 30, 2023
Co-author, "NLRB Upends Severance Agreement Rules Employers Routinely Live By," Duane Morris Alert, February 27, 2023
Author, "New Harassment Arbitration Ban Is Complicated In Practice," Law360, March 8, 2022
Co-author, "#MeToo Movement Inspires the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Claims Act," Duane Morris Alert, March 3, 2022
Author, "OSHA Announces Enforcement of Emergency Standard Requiring Vaccination or Testing – but Further Stay Is Sought," Duane Morris Alert, December 20, 2021
Co-author, "New OSHA Emergency Temporary Standard: Vaccinations, Testing and Face Coverings," Duane Morris Alert, November 8, 2011
Author, "OSHA Updates COVID-19 Guidance for Masking and Testing of Vaccinated Workers and Further Encourages Vaccination," Duane Morris Alert, August 23, 2021
Co-author, "OSHA Issues Emergency Temporary Standard for the Healthcare Industry," Duane Morris Alert, June 16, 2021
Author, "OSHA Issues Comprehensive COVID-19 Guidance Differentiating Between Vaccinated and Unvaccinated Employees," Duane Morris Alert, June 14, 2021
Co-author, "EEOC's Updated Guidance on COVID-19 Vaccines in the Workplace Impacts Employer Approaches for Compliance with CDC Guidance and State and Local Requirements," Duane Morris Alert, June 10, 2021
Co-author, "Philadelphia Expands Criminal History and Credit Screening Ordinances, Further Restricting Employment Decisions," Duane Morris Alert, March 30, 2021
Co-author, "No OSHA COVID-19 Emergency Temporary Standards as Deadline Passes," Duane Morris Alert, March 18, 2021
Co-author, "OSHA Issues Comprehensive COVID-19 Guidance with More Likely to Come," Duane Morris Alert, February 2, 2021
Co-author, "Travel Restrictions Are Back, but with State-by-State Twists," Duane Morris Alert, July 9, 2020
Quoted, "Recall Furloughed Workers Lawfully," SHRM, June 11, 2020
Co-author, "OSHA Expands Requirements for Employers to Record Cases of Coronavirus," Duane Morris Alert, May 22, 2020
Author, "What Employers Need To Know About Furloughs," Law360, April 7, 2020
Co-author, "Supreme Court Upholds Class Action Waivers in Arbitration Agreements," Duane Morris Alert, May 24, 2018
Author, "Pa. Superior Court Reiterates That Employers Have to Provide Additional Consideration When Obtaining Noncompete Agreements with Current Employees," Duane Morris Alert, May 20, 2014
Co-author, Civil Enforcement chapter, ERISA-A Comprehensive Guide, John Wiley & Sons, 2011
"Avoiding Sex Discrimination Litigation and Defending Sex Discrimination Suits," chapter, Sex Discrimination in the Workplace: Multidisciplinary Perspectives, Wiley-Blackwell, June 2007
"Managing Exposure to Class Action Employment Discrimination Claims: Statistical Audits of Human Resources Practices," The Metropolitan Corporate Counsel, April 2007
"Retaliation! What the Supreme Court Said in Burlington Northern v. White, And What Employers Should Do About It," The Metropolitan Corporate Counsel, August 2006
"Protecting Your Business: Covenants Against Competition," Pennsylvania Chamber of Labor and Industry, April 2003
"The Supreme Court Ruling in Toyota Turns Interactive Process on its Head," BNA's Americans With Disabilities Act Manual, July 11, 2002
"Moral Dilemmas, the ADA and the Sergeant Schultz Defense," BNA's Americans With Disabilities Act Manual, March 14, 2002
"Agreement to Arbitrate," HR Magazine, August 2001

Media Hits

Quoted, "OSHA Highlights Need to Protect Temporary Workers’ Safety," HR Magazine, October 24, 2022
Quoted, "Time to Review COVID-19 Vaccination-or-Testing ETS Compliance Steps," SHRM, December 20, 2021

Selected Speaking Engagements

Co-presenter, “Paybacks, TRAPs, Clawbacks, and Forfeitures – What Can and Can’t Be Done,” PBI 2024 Employment Law Institute, April 15, 2024
Presenter, “Handling OSHA Inspections Under OSHA’s Proposed Walkaround Rule Permitting Union Representatives to Join OSHA Compliance Officers in Walkaround Inspections of Non-Union Workplaces,” Duane Morris Institute (DMi), April 29, 2024
Speaker, "3 Keys to Effective Offboarding: Compliance, Communication and Compassion," Xpert HR Webinar, May 17, 2023
Speaker, "Antitrust Compliance in Labor Markets: Don’t Trust Your Instincts Alone," Duane Morris Institute (DMi), Webinar, January 26, 2023
Presenter, "Key Executive Employment Agreement Terms and Strategies," Duane Morris Insitute (DMi), Webinar, April 26, 2022
Presenter, "Arbitration Agreements after the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act -- What the Law Doesn’t Say," Duane Morris Institute (DMi), Webinar, March 31, 2022
Speaker, "Beyond the OSHA ETS COVID-19 Vaccine/Testing Mandates and Workplace Safety," Duane Morris Institute (DMi) Webinar, January 26, 2022
Speaker, "OSHA’s ETS: Vaccine and COVID Testing," Duane Morris Institute (DMi), Webinar, November 10, 2021
Speaker, "Preparing Effective Separation Agreements," Duane Morris Institute (DMi), Webinar, June 22, 2021
Speaker, "OSHA’s Emergency Covid-19 Standard(s)?" Duane Morris Institute (DMi), Webinar, April 1, 2021
Speaker, "How to Handle OSHA COVID-19 Compliance, Employee Complaints and OSHA Investigations," Duane Morris Institute (DMi), Webinar, February 17, 2021
Speaker, "Electronic Communications and Your Employees," Duane Morris Institute (DMi), Webinar, December 1, 2020
Speaker, "Best Practices for Protecting Your Business from Class and Collective Actions and Unfair Competition," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, October 28, 2020
Presenter, "Arbitration Today: The Post-Epic Fallout," PBI 2020 Employment Law Institute, August 21, 2020
Speaker, "Bringing Pennsylvanians Back to Work: What Employers Need to Know," SHRM, Webinar, June 4, 2020
Speaker, "Reopening the Workplace During the COVID-19 Pandemic – What Employers Need to Know," Duane Morris Institute Webinar, May 12, 2020
Speaker, "COVID-19 Business Triage: Reductions in Force, Furloughs and Other Measures to Maintain Business Viability," Duane Morris Institute (DMi), March 26, 2020
Presenter, "Arbitration Agreements: Everything You Need to Know (But Were Afraid to Ask)," Duane Morris Institute (DMi) Webinar, November 14, 2019
Session Facilitator, "American Bar Association 12th Annual Arbitration Training Institute," National Arbitration and Mediation, Philadelphia, May 16, 2019
Speaker, "Protecting Your Business with Employment Agreements," Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 7, 2019
Presenter, “Electronic Communications and Your Employees,” Duane Morris Institute, Webinar, April 30, 2019
Speaker, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 3, 2017
Presenter, "Conducting Workplace Investigations," Pennsylvania Chamber of Business and Industry, Duane Morris LLP, 2017
Speaker, "Employment Discipline and Termination Strategies," Pennsylvania Chamber of Business and Industry Webinar, April 2016
Speaker, "Limiting Litigation Risks and Costs (and Promoting Positive Employee Relations) Through Mandatory Arbitration Programs, Class Action Waivers and Mediation," Pennsylvania Chamber of Commerce's Spring Human Resources Conference, Hershey, Pennsylvania, March 23, 2016
Speaker, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 2014, 2015
Speaker, "Mandatory Arbitration Programs, Class Action Waivers and Mediation," Pennsylvania Bar Institute 20th Annual Employment Law Institute, April 2014
Pennsylvania Chamber of Labor and Industry: Numerous presentations on topics including tactics for avoiding employment discrimination claims, voluntary and involuntary reductions in force, employee discipline and discharge, FMLA compliance, COBRA, OSHA compliance, and handling OSHA Inspections
Speaker, ""HR Records Retention Requirements, Including Electronic Recordkeeping Legal Do's and Don'ts," Pennsylvania Chamber of Business and Industry's HR Roundtable, King of Prussia, PA, April 26, 2012
"Legal Issues in Drafting and Enforcing Key Employee Contracts," Pennsylvania Bar Institute 13th Annual Employment Law Institute, April 2007
National Business Institute: Presentations including Selecting and Terminating Employees in Pennsylvania, and Selecting and Terminating Employees in Delaware