The employment law attorneys of Marshall Dennehey concentrate their practice on the representation of employers in all areas of employment-related litigation and counseling. Annually, our attorneys handle hundreds of employment matters for clients, including insurers and their insureds, self-insured Fortune 1000 companies, joint insurance funds, state governments and local municipalities. Litigation matters are handled in each of the jurisdictions in which we practice and cover the full range of employment-related claims under the relevant federal and state statutes and local ordinances. They include but are not limited to:
- Age discrimination claims under the Age Discrimination in Employment Act
- Sex, race, national origin and religion discrimination claims under Title VII
- Disability discrimination claims under the Americans with Disabilities Act
- Section 1981 and Section 1983 civil rights claims
- Common law wrongful discharge claims
- Employment-related defamation claims
- Claims under the Family and Medical Leave Act
- Claims under the Fair Labor Standards Act and similar state statutes
In addition to handling employment law litigation matters, we provide our clients with a full range of advisory services in order to help them avoid litigation. These services include but are not limited to:
- Staff training on employment-related topics at client’s location
- Review and/or draft employment handbooks
- Reviews of client employment policies/procedures
- Advise clients on their specific, breaking employment issues, as they arise
A significant strength of our firm is the regional representation we provide insurers and self-insureds. We have 19 offices and can handle employment matters throughout Pennsylvania, New Jersey, New York, Connecticut, Delaware, Ohio and Florida. The attorneys in the Employment Law Practice Group have the requisite local knowledge and experience to provide highly-skilled and effective representation to our clients who face employment-related litigation or have employment-related issues in any of those jurisdictions.
We always handle every case with a practical, result-oriented approach which balances strong representation of our clients with realistic cost containment. Our fees are very competitive, and we work with our clients to develop innovative alternative approaches to file handling and billing which oftentimes result in significant savings to our clients.
Results
Defense Verdict Obtained in Two Consolidated Matters Following a Five-Day Trial
We obtained a defense verdict in two consolidated matters in the Eastern District of Pennsylvania following a five-day trial before Judge Gallagher. The first plaintiff alleged he was terminated in retaliation for filing a lawsuit and that he was subjected to racial discrimination during his employment. The second plaintiff alleged he was terminated in retaliation for supporting the wage and hour claims of the first plaintiff. After deliberating for approximately two hours, the jury answered “no” on the five theories asserted by the plaintiffs.
Obtained a “No Cause” Verdict in an Employment Case in New Jersey
We recently obtained a “no cause” verdict in an employment case in the Superior Court of New Jersey. The plaintiff, an employee of a New Jersey State entity, asserted violations of the Contentious Employee Protection Act (CEPA). According to the plaintiff, after reporting purported deficiencies with an environmental permit, he was subject to a retaliatory and hostile work environment. We successfully argued that the plaintiff did not articulate a violation of law or public policy, nor did he prove that the various employment actions he received created a hostile work environment or were even caused by the alleged whistleblowing.
Thought Leadership
Legal Updates for Employment Law
New Jersey Expands Family Leave Protections Effective July 17, 2026
July 16, 2026
On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.
Legal Updates for Employment Law
Montgomery County Creates Discrimination Complaint Portal
June 10, 2026
On June 1, 2026, the Montgomery County Human Rights Commission launched a new online reporting portal to streamline discrimination complaints. The portal allows residents to file complaints related to discrimination in housing, employment, or public accommodation. The goal was to create a clear path for residents to be heard. Jamila Winder, Chair of the Montgomery County Board of Commissioners, stated, “When someone in Montgomery County experiences discrimination, they shouldn’t have to figure it out alone or navigate a complex system for complaints.” In establishing the portal, Montgomery County is the first non-home rule county in Pennsylvania to create its own Human Relations Commission to handle discrimination complaints. The Commission is run by eight volunteer members serving initial two year terms. Any person who believes they have faced unlawful discrimination in Montgomery County within 120 days of an alleged incident can report it on the portal. Within 60 days, the Commission will review the complaint to determine if it has jurisdiction to hear the matter. If the complaint is something the Commission can hear, it will invite both parties to participate in mediation. The County explained in its press release the “mediation is confidential, optional, and intended to provide a fair and constructive opportunity to resolve disputes.” Importantly, the Commission may choose to refer cases to the Pennsylvania Human Relations Commission. If there is a determination that unlawful discrimination occurred, corrective action, compensation, reasonable accommodations, or other remedies allowed under state law may be applied. Any final order by the Commission can be appealed to the Montgomery County Court of Common Pleas. Employers and business owners should be aware of this new third avenue where in select cases people can report alleged discrimination. For more information, Montgomery County issued a press release about the new portal. https://www.montgomerycountypa.gov/news/montgomery-county-human-relations-commission-opens-complaint-process-discrimination-claims.
