Thomas G. Servodidio

Areas of Practice

• Employment Law
• Management Labor Relations
• Employment advice and counseling
• Employment Litigation
• Restrictive Covenant Litigation
• Trade Secret Protection
• Collective Bargaining Negotiations
• Wage and Hour Litigation
• Affirmative Action

Representative Matters

• Obtained on behalf of Fresenius USA Manufacturing Inc. a ruling from the National Labor Relations Board (NLRB) that it lawfully fired a warehouse worker after the man scribbled vulgar pro-union statements on union newsletters before a decertification election and then lied about it when questioned.

• On behalf of a national health care company, served as the Chief Labor Negotiator in collective bargaining negotiations involving unions such as SEIU, District 1199, CWA, IAM, NYSNA and others. Also, handled representation and unfair labor practice proceedings before the National Labor Relations Board and conducted numerous union election campaigns on behalf of management.

• Represented Brace Industrial Group L.P., a Houston based industrial services business, in its labor and employment issues in connection with the acquisition of the assets of ESI Group, Inc. and Peterson Industrial Scaffolding.

• Counseling clients with respect to coverage under and obligations imposed by laws enforced by the OFCCP.

• Representing employers in OFCCP compliance audits.

• Prepared Diversity and Inclusion programs and conducted Diversity and Inclusion training for multiple companies.

• Served as the Chief Labor Negotiator on behalf of a state turnpike for collective bargaining negotiations for a maintenance and fare collection bargaining unit.

• On behalf of a large manufacturing company, successfully obtained summary judgment in a race discrimination case which was affirmed by the Fourth Circuit U.S. Court of Appeals.

• On behalf of a major footwear and apparel chain, successfully obtained summary judgment in a sexual harassment and retaliation case filed in federal court.

• On behalf of a national health care company, successfully obtained summary judgment in a race discrimination case which was affirmed by the Third Circuit U.S. Court of Appeals.

• Obtained a trial verdict in favor of client after a four day trial before an administrative law judge which involved the issue of whether the provider of home health aides could discontinue providing aides to one of its clients due to the alleged harassment of its employees. The verdict was affirmed on appeal to the Commonwealth Court.

• Obtained a trial verdict in favor of client after a five day trial before an administrative law judge on a joint employer issue. The verdict was affirmed on appeal to the PLRB.

• Successfully prosecuted and defended litigation involving non-competition and other restrictive covenants in multiple federal and state court jurisdictions and in arbitration.

• Provided advice and counsel to clients in the hospitality, health care, professional services, manufacturing, insurance and other industries on work force reduction issues resulting in significant savings for our clients and no ensuing litigation.

• Prepared numerous affirmative action plans and represented clients in OFCCP compliance audits.

• Successful defense of employment discrimination and wrongful termination cases in federal and state courts and before federal and state agencies.

• Counseled clients on wage and hour compliance and litigated cases involving the white collar exemptions under the FLSA.

• Counseled clients on the labor and employment issues arising out of mergers and acquisitions.

• Counseled health care and educational institutions on tenure track issues, the modification of faculty and employee handbooks and various employment matters.

Admissions

• Pennsylvania
• New Jersey
• Washington, D.C.
• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the District of New Jersey
• Supreme Court of Pennsylvania
• Supreme Court of New Jersey
• Supreme Court of the United States
• U.S. Court of Appeals for the Third Circuit
• U.S. Court of Appeals for the Fourth Circuit

Education

• University of Pennsylvania Carey Law School, J.D., cum laude, 1987

Experience

• Duane Morris LLP
  - Vice Chairman of the Firm, 2018-present
  - Chair, Employment, Labor, Benefits and Immigration Practice Group, 2001-2017
  - Member, Executive Committee, 2011-present
  - Chair, Legal Recruitment and Retention Committee, 1998-2000
  - Partner, 1997-present
  - Associate, 1987-1996

Professional Activities

• Philadelphia Bar Association
• The District of Columbia Bar
• University of Pennsylvania Law School Inn of the American Inns of Court, 1996-1998, 2010-2016

Honors and Awards

• Listed in Lawdragon 500 Leading U.S. Corporate Employment Lawyers for Labor & Employment, 2021, 2024 and 2025

• Listed in The Best Lawyers in America, 2015-2024

• Listed in Chambers USA: America's Leading Lawyers for Business, the Client's Guide (2006-2024 editions)

• Named a Best Lawyers "Lawyer of the Year" for Employment Law - Management, Philadelphia, 2021

• Named a Labor & Employment Star by Benchmark Litigation, 2019

• Listed in Pennsylvania Super Lawyers

• Listed as a Recommended Attorney for Pennsylvania in Employment Law Experts, 2019

• Listed in 2019 Lawdragon/HR Executive Magazine Leading Employment Lawyers Guide, Top 20 Lawyers in Labor and Employment Law

• Listed in Best Lawyers Greater Philadelphia, 2016
• AV Preeminent® Peer Review Rated by Martindale-Hubbell®

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Civic and Charitable Activities

• Covenant Presbyterian Church
  - President, 1996-1999
  - Elder, 1997-1999; 2001-2003, 2007, 2010-2011, 2014-2016
  - Deacon, 1992-1996

Selected Publications

• Co-author, "Background Checks: Hiring Essential Or Barrier To Reentry?," Law360, June 8, 2017
• Co-author, "SEC Intensifies Scrutiny of Employment-Related Agreements," Duane Morris Alert, October 6, 2016
• Co-author, "NLRB Abandons Well-Established Joint-Employer Standard," Duane Morris Alert, August 31, 2015
• Co-author, "NLRB General Counsel Shines Guideline Light on Employer Work Rules," The Corporate Counselor, August 2015
• Co-author, "Double-Breasted Acquisitions: A Coming Boom?" The Deal, March 2015
• Co-author, "New Jersey Supreme Court Rules on Proper Test for Determining Independent Contractor Status," Duane Morris Alert, January 20, 2015
• Co-author, "U.S. Supreme Court Issues Unanimous Limited Arbitration Ruling in Oxford Health Plans LLC v. Sutter," Duane Morris Alert, June 13, 2013
• Co-author, "Final HIPAA Wellness Program Regulations Issued Under Affordable Care Act," Duane Morris Alert, June 7, 2013
• Co-author, "Hospitals Must Re-Evaluate Subcontractor Status," Law360, April 16, 2013
• Co-author, "U.S. Supreme Court to Decide Another Major Class/Collective Action Arbitration Case," Duane Morris Alert, December 11, 2012
• Co-author, "Supreme Court, in Wal-Mart Employment Discrimination Case, Changes the Landscape of Class Action Litigation," Duane Morris Alert, June 22, 2011
• "Thoughts from the Jury Box: After Initial Reluctance to Serve, a Lawyer Recognizes Juror's Crucial Role," The Legal Intelligencer, March 31, 2010
• Co-author, "Information Overflow: Avoiding Liability for Employees' Computer Use," Mid-Atlantic Executive Legal Adviser/Ask the Counsel, Winter 2006
• Co-author, "Defining Relationships - How Do Companies Avoid Common Problems When Drafting Employment Agreements?" Counsel to Counsel, November 2005
• Co-author, "Lessons Learned from Zubulake," July 2005
• Co-author, Chapter on Labor and Employment Issues, Buying and Selling a Business, Pennsylvania Bar Institute, Fifth Edition (2001)
• Co-author, "Courts Protect Former Employees Against Retaliation Under Title VII," The Legal Intelligencer, June 11, 1997
• Co-author, "Employers Struggling to Resolve Convergence of ADA, FMLA 'Leave'," The National Law Journal, February 24, 1997
• Co-author, "Recent Cases Brought Under the Americans with Disabilities Act Hinge Upon Interpretations of 'Disability' as Well as 'Essential Functions' of a Particular Job," The National Law Journal, September 30, 1996

Media Hits

• Quoted, "'From Robust to Booming': Union Organizing Surge Juices Demand for Labor & Employment Practices," The Legal Intelligencer, May 22, 2023
• Quoted, "Delta Becomes First Major Airline to Pay Flight Attendants for Boarding Time," SHRM.org, April 28, 2022
• Quoted, "NLRB General Counsel Calls for Union Organizing Through ‘Card Check’," SHRM.org, April 20, 2022
• Quoted, "NLRB General Counsel Wants to Make 'Captive Audience' Meetings Illegal," SHRM.org, April 12, 2022
• Quoted, "Comments To DOL Back National Paid Family Leave Policy," Law360, September 17, 2020
• Quoted, "Law Firms 'Leading The Way' On Parental Benefits in 2019," Law360, January 1, 2020
• Quoted, "Duane Morris Expands Benefits for New Parents," The American Lawyer, January 10, 2019
• Quoted, "Duane Morris Offers Hours Reduction Around Parental Leave," Law360, January 8, 2019
• Quoted, "Can I See Your Cell Phone? We're Conducting an Investigation," Bloomberg BNA, August 12, 2015
• Profiled by Law 360, July 7, 2009
• Quoted, "Les chômeurs américains à l'assaut des tribunaux," Les Echos, March 31, 2009
• Quoted, "Workplace Mediation" by Diana Bentley, In-House Perspective, December 2008
• Quoted, "Fresenius Wins New Election In Union Spat," Employment Law 360, June 6, 2008

Selected Speaking Engagements

• Speaker, "Labor Law Updates," Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 7, 2019

• Speaker, Duane Morris' Developments in Workplace Law and Practice, Los Angeles, May 18, 2017
• Speaker, Duane Morris' Developments in Workplace Law and Practice, Chicago, May 24, 2017
• Speaker, Duane Morris' Developments in Workplace Law and Practice, San Francisco, May 17, 2017
• Speaker, Duane Morris' Developments in Workplace Law and Practice, San Diego, May 16, 2017
• Speaker, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 3, 2017
• Speaker, Duane Morris' Developments in Workplace Law and Practice 2015, Philadelphia, May 14, 2015; San Diego, California, May 19, 2015
• Speaker, "Developments in Workplace Law and Practice," Duane Morris' Developments in Workplace Law and Practice 2014, Philadelphia, May 8, 2014
• Co-presenter, "Trying a Labor Arbitration Case," Duane Morris, Philadelphia, November 18, 2013
• Speaker, "Best Practices for Completing Performance Appraisals," Spring 2010 HR Forum – The Successful Prescription for Your Organization's Health, Philadelphia, June 17, 2010
• Planning Chair and Presenter, "Steering Your Client through a Reduction in Force: Legal Considerations, HR Issues, and Regulations," ALI-ABA webinar, October 16, 2009
• Lecturer, The Employee Free Choice Act: Is Your Organization Prepared?" Wharton Center for Human Resources, April 21, 2009
• Co-Conductor, "Developing An Affirmative Action Plan," CLE Presentation, October 22, 2007
• Interviewed on October 22, 2007 for Employment Law 360 Publication, Portfolio Media
• Co-conductor, "The Impact on Your Business of the NLRB's Trilogy of Decisions on when an Employee is a 'Supervisor' under the NLRA," webinar, November 29, 2006
• Lecturer, "The Hiring Process and ADA Compliance," Risk Control Workshop sponsored by The Graham Company, November 2006
• Lecturer, "Developments in Workplace Law and Practice," Duane Morris Seminar, Spring 2006
• Moderator, "Investigating, Litigating & Preventing Labor & Employment Disputes: A Roundtable Discussion," GC Mid-Atlantic, November 2006
• Lecturer, "Electronic Discovery and Document Retention," Delaware Valley Corporate Counsel, Philadelphia, PA, December 2005
• Panelist, Live Radio Interview with Bob McCormack on KNX 1070 (Los Angeles) involving employment matters, November 2005
• Lecturer, "Preparing & Administering Employment Policies Governing E-mail, Voicemail and Computer System Use," Law Seminars International - IP, Technology & Trade Secrets Issues in Employment Law, Philadelphia, PA, July 2005
• Lecturer, "The Interplay of the ADA, FMLA, and Workers' Compensation," The Graham Company Claim Workshop, Philadelphia, PA, May/June 2005
• Panelist, "Defending employer's interests on the issue of smokers' rights and lifestyle discrimination laws," "It's Your Call with Lynn Doyle," Comcast CN8 TV, February 2005
• Lecturer, "Recent Developments in Employment Law and the New FLSA Regulations," Human Resources Committee of the American Institute of Architects Large-Firm Roundtable, Fall 2004
• Lecturer, "New FLSA Regulations," Duane Morris Seminar, Spring 2004
• Lecturer, "Workplace Solutions," Duane Morris Seminar, Fall 2003
• Lecturer, "Recent Developments in Employment Law," Pennsylvania Public Utility Commission, Spring 2001.
• Lecturer, "Progressive Discipline for the Workplace," Pennsylvania Public Utility Commission, Spring 2000.
• Lecturer, "Implementing Progressive Discipline Policies that Improve Employee Performance," Council on Education Management, Harrisburg, Pennsylvania, November 1999.
• Lecturer, "Effective Hiring Practices," October 21, 1999
• Lecturer, "Interplay Between the ADA, FMLA and Workers' Compensation Laws," The Graham Company, Philadelphia, Pennsylvania, June 1999
• Lecturer, "Labor Law Issues in the Home Health Care Industry," program presented to Lorman Education Services, Harrisburg, Pennsylvania, May 1998
• Lecturer, "Effective Hiring Practices," ADP Hiring Workshops, Philadelphia, Pennsylvania and Cherry Hill, New Jersey, March 1996
• Lecturer, "Sexual Harassment in the Workplace," and "The Family and Medical Leave Act," seminars sponsored by Automatic Data Processing, Inc., November 1995
• "An Overview of Employment Law in New Jersey," West Jersey Medical Services Seminar, December 1994
• "A Review of the Americans with Disabilities Act," Pennsylvania Restaurant Hotel/Motel Show, November 1993
• "Family and Medical Leave Act and Joint Management-Employee Committees," University of Scranton, June 1993
• "Americans With Disabilities Act," Southeastern Pennsylvania Manufacturers' Association-sponsored seminar, March 1993
• "Americans With Disabilities Act: A Practical Approach to Compliance," Greater Pottstown Chapter of the Society for Human Resource Management, February 1992
• "Personnel and Employment Law in Pennsylvania," Federal Publications, April 1991
• "Personnel and Employment Law in New Jersey," Federal Publications, October 1990, November 1991
• "Personnel and Employment Law in Delaware," Federal Publications, May 1990
• "Employers' Rights to Control Drug and Alcohol Abuse," Manufacturers' Association of Delaware Valley, February 1990
• "At-Will Employment," Drexel University, October 1989