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David J. Kolesar

Mr. Kolesar represents and counsels employers in a wide variety of labor and employment law matters. Mr. Kolesar defends employers in litigation, including class action litigation, relating to employment discrimination, wage and hour issues, wrongful termination, harassment, and family and medical leave issues. He also counsels employers on workplace policies, compliance, and personnel decisions. Mr. Kolesar represents employers in a wide variety of industries, including the steel industry and the healthcare industry, from large hospital systems to small healthcare practices to community based human services organizations supporting persons with developmental and behavioral disabilities. Mr. Kolesar represents employers of all sizes, from large international manufacturing corporations to small businesses with few employees.

Mr. Kolesar is an experienced litigator in trials and appeals. He has served as lead counsel in the successful defense of class and collective actions under the FLSA, ERISA, the LMRA, and state wage and hour laws. He has successfully defended class and collective actions challenging the modification and termination of retiree medical benefits, the termination of medical benefits of unionized employees during a lockout, and the proper classification and payment of inside sales representatives. Mr. Kolesar defends employers in actions ranging from single plaintiff discrimination claims to class and collective actions challenging company wide and nationwide policies and practices. His experience includes defending employers in litigation under the Civil Rights Acts of 1866, 1964, and 1991, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Family and Medical Leave Act; minimum wage and overtime litigation under the FLSA and state wage and hour laws; benefits litigation under ERISA; grievance arbitrations; administrative proceedings before the EEOC, the Pennsylvania Human Relations Commission, and other state agencies; and unemployment compensation hearings.

Mr. Kolesar regularly counsels employers on all aspects of employment law, including workplace policies, compliance, and everyday personnel decisions. He assists employers in developing personnel policies, employee handbooks, and training programs. He drafts employment agreements, non competition and confidentiality agreements, and severance agreements. Mr. Kolesar also conducts workplace investigations of employee complaints.

Mr. Kolesar has spoken at seminars on a variety of labor and employment law topics., has contributed to employment-related newsletters, and has had an employment-related note published in the Michigan Law Review.

  • Allegheny County Bar Association
  • Mandatory Arbitration Programs, HR Fact Finder (reprinted from January K&L Gates alert), May 2002
  • The Impact of Employment Laws on Workplace Security, Pittsburgh Society of Association Executives, April 2002
  • Implications of the Toyota Decision, HR Fact Finder, April 2002
  • Impact of Employment Laws on Efforts to Maintain a Safe Working Environment (Part 2), The Corporate Counselor, January 2002
  • Security Checks on Employees - Part I & 2, HR Fact Finder, December 2001 & January 2002
  • Workers Compensation, FMLA and ADA Laws, prepared for ADP Institute for Educational Excellence Seminar, 13 December 2001
  • Impact of Employment Laws on Efforts to Maintain a Safe Working Environment (Part 1), The Corporate Counselor, December 2001
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