Proposed New Jersey Legislation Calls for Equal Pay For Temporary Workers

Michael J. Kincade, Jr. (Mickey) focuses his practice in all areas of labor and employment law, but concentrates his practice on employment discrimination and retaliation. Michael counsels clients on state and federal employment laws, provides guidance on personnel decisions and disciplinary matters. Mickey has extensive experience in the litigation of employment discrimination and hostile work environment claims in both state and federal court and before administrative agencies, the enforcement of non-competition agreements, counseling clients on internal investigations and various other employment matters, including FMLA claims, work place policies, and requests for accommodations under the ADA. Prior to joining the Firm, Mickey devoted a significant portion of his practice to the representation of both private and public employers in an array of civils rights and employment discrimination cases and frequently handled the enforcement of non-competition agreements on behalf of corporate clients. Mickey graduated from Villanova University School of Law. While in law school, Mickey worked as an intern for the Insurance Fraud Section of the Pennsylvania Office of Attorney General and served the local community through the Homeless Advocacy Project. After graduation, he clerked for the Honorable Richard J. Hodgson in Montgomery County, Pennsylvania before beginning his litigation career.

A member of the firm’s Labor & Employment Group, Erin J. McLaughlin handles complex employment matters and provides strategic, day-to-day guidance to employers on their personnel matters. How Erin Helps Clients Employment Litigation Erin defends clients against employment discrimination, retaliation, whistleblower, breach of contract and wage and hour claims. She has also represented clients in investigations and litigation brought by the Equal Employment Opportunity Commission (EEOC). Erin further protects her clients’ business by prosecuting trade secret and restrictive covenant cases. With significant litigation and trial experience, Erin has represented clients before United States federal courts nationwide and state courts throughout the country. Litigation Avoidance To avoid costly litigation, Erin advises union and non-union clients on preventive measures, including drafting effective employment agreements and restrictive covenants, reviewing policies, counseling on disciplinary actions and employee terminations, navigating employee accommodation and leave matters, conducting investigations, negotiating severance agreements, and conducting employment practices and compensation reviews. In this role, Erin helps clients effectively investigate, defend against and develop advance plans to avoid or minimize workplace problems stemming from harassment and discrimination claims. Effective Employee Training Effective employee training is critical for employers. In this regard, Erin develops and implements effective training programs for clients on sexual and other forms of harassment, which has become increasingly important given today’s heightened awareness of and focus on workplace harassment. Erin has a passion for conducting effective employee training. In addition to training initiatives, Erin also counsels clients on best practices for employer diversity initiatives. Positive Employee Relations Erin has experience advising employers in such union-related matters as collective bargaining, grievance arbitrations, union organizing campaigns and unfair labor practice proceedings. Proof Points Selected for inclusion in The Best Lawyers in America® consistently since 2016 under the Employment Law – Management and Litigation – Labor and Employment categories. Secured voluntary dismissal with prejudice following discovery on behalf of a national satellite communications provider against a former employee who had sued for violations of the FMLA. Obtained summary judgment on behalf of a precision component manufacturer in an FMLA interference and retaliation lawsuit, which was affirmed by the Third Circuit Court of Appeals in a precedential opinion in which the court, on a matter of first impression, adopted our calendar day approach to the “overnight stay” requirement under the FMLA. Obtained summary judgment on behalf of national satellite communications provider in an ADEA discrimination and retaliation lawsuit, which was affirmed by the Third Circuit Court of Appeals. Obtained favorable verdict on behalf of a national satellite communications provider in an FMLA interference lawsuit. Obtained summary judgment on behalf of a leading producer and distributor of premium specialty steel products in an ADEA/PHRA lawsuit filed by four long term employees, which was affirmed by the Third Circuit Court of Appeals on the grounds that the plaintiffs had not established that “but for” their age, their employment would not have been terminated. Obtained dismissal with prejudice on behalf a multinational hotel chain in a wrongful discharge lawsuit under Pennsylvania state law for failure to state a claim. Obtained summary judgment on behalf of a leading integrated global health system and two of its management employees in an FMLA interference and retaliation, and ADA discrimination and failure to engage in the interactive process lawsuit, which was affirmed by the Third Circuit Court of Appeals. Obtained injunctive relief on behalf of multinational energy corporation against its former employee in lawsuit asserting the former employee misappropriated trade secrets and violated restrictive covenants. Obtained injunctive relief on behalf of a national roofing contractor company against its former employee in lawsuit asserting the former employee misappropriated trade secrets and violated restrictive covenants. Obtained injunctive relief on behalf of financial services company against its former employee for violating restrictive covenants. Obtained injunctive relief on behalf of a petroleum and natural gas exploration and pipeline transport company against its former employee for violating restrictive covenants. Industries Served Erin works with clients in the technology services, higher education, oil and gas, telecommunications, hospitality, healthcare, pharmaceutical sales, construction, transportation, sports, retail, manufacturing, gaming and entertainment, financial services, retail, and nonprofit industries. In addition to her private sector clients, Erin works with universities, local authorities, municipalities, and public schools. Speaking Engagements and Publications Erin is a frequent lecturer on various employment topics at conferences across the country, such as the Pennsylvania Society for Human Resource Management’s Annual State Conference, and is a contributing author to well-regarded publications such as the Pennsylvania Employment Law Deskbook. Outside of the Office Born and raised in Pittsburgh, Pennsylvania, Erin is a lifelong Steelers fan. When not working, she enjoys running, spinning, yoga and spending time with her husband, two boys and close-knit extended family. Erin also shares her time and talents with a variety of local charitable organizations, including the Ronald McDonald House Charities of Pittsburgh and Morgantown, Inc., the National Aviary and Operation Troop Appreciation.