Caroline M. Austin
Partner

Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Phone: +1 215 979 1887
Fax: +1 215 405 3936
Email: caustin@duanemorris.com

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Caroline M. Austin

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Caroline M. Austin concentrates her practice in employment litigation, employment policy development, preventative counseling and training designed to avoid litigation, unionization and employee attrition. Appearing before federal and state courts and administrative agencies, Ms. Austin represents clients in connection with a broad range of labor and employment matters, including age, race, gender, national origin and disability discrimination, sexual and racial harassment, restrictive covenants, breach of contract, and wage-and-hour laws.

Ms. Austin served as law clerk to Honorable Daniel H. Huyett, 3rd, Senior Judge, U.S. District Court for the Eastern District of Pennsylvania.

Ms. Austin is a 1994 graduate of Temple University, Beasley School of Law, where she was associate research editor of The Temple Law Review, and a graduate of Lehigh University.

Areas of Practice

  • Employment Litigation
  • Employment Counseling and Advice
  • Restrictive Covenants
  • Wage and Hour Class/Collective Action

Representative Matters

    Employment Litigation - Title VII/Section 1981

  • Mediation and settlement that the client found favorable of class-action charges filed against it with the U.S. Equal Employment Opportunity Commission by current employees involving claims of sex discrimination, sexual harassment, age discrimination and retaliation under Title VII.
  • Obtained order from the U.S. District Court for the Eastern District of Pennsylvania granting summary judgment for hospital on claims of age and religious discrimination. Order was affirmed on appeal.
  • Obtained order from the U.S. District Court for the Eastern District of Pennsylvania granting the defendant client's motion to dismiss with prejudice on the plaintiff's Section 1981 claim alleging that the client terminated a contract with plaintiff due to the racial make-up of plaintiff's workforce.
  • Represented national weight-loss company in employment litigation filed against it throughout the United States.
  • Employment Litigation - ADEA

  • Obtained order from the U.S. District Court for the Eastern District of Pennsylvania granting summary judgment for client on former employee's age discrimination claim. The employee, who had been terminated at age 70 and had no documents in his file that reflected poor performance, alleged that he was told during the termination meeting that the company wanted "to get a bunch of younger guys" to do the work.
  • Employment Litigation - Disability

  • Obtained order from the Superior Court of New Jersey granting summary judgment for nursing home on a plaintiff's claims of age and disability discrimination.
  • Employment Litigation - ERISA

  • Obtained order from the U.S. District Court for the Middle District of Pennsylvania granting summary judgment for defendant/client on the plaintiff's ERISA claims and awarding the client substantial attorneys' fees as the prevailing party.
  • Restrictive Covenants

  • Obtained favorable resolution for food-service distributor in complaint against competitor for former employee's breach of non-solicitation provisions and tortious interference with contract claims.
  • Obtained decision by plaintiff to voluntarily dismiss claims for unfair competition, tortious interference and misappropriation of trade secrets against corporate client and its newly hired employees after initial discovery and without any monetary payment by client.
  • Wage and Hour Collective Actions/Employment Class Actions

  • Successfully defended owner of nursing home (client) against a TRO and Motion for Preliminary Injunction filed by the Union representing employees of the nursing home to enjoin the sale of the nursing home where the owner of the nursing home did not condition the sale on the buyer assuming the collective bargaining agreement.
  • Defended health system against claims pursuant to the Fair Labor Standards Act and various state law claims alleging failure to pay for all the time worked and pleaded as a collective and class action.
  • Defended a national weight-loss company in a class action brought by the EEOC alleging discrimination on the basis of gender.

Admissions

  • Pennsylvania
  • New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the District of New Jersey

Education

  • Temple University Beasley School of Law, J.D., 1994
    - Associate Research Editor, The Temple Law Review
    - Moot Court Honor Society
  • Lehigh University, B.A., 1991

Experience

  • Duane Morris LLP
    - Partner, 2009-present
  • WolfBlock LLP
    - Partner, 2003-2009
    - Associate, 1998-2002
  • Hoyle, Morris & Kerr
    - Associate, 1994-1997, 1998
  • Law Clerk, Honorable Daniel H. Huyett III
    - Senior Judge, U.S. District Court for the Eastern District of Pennsylvania, 1997-1998

Professional Activities

  • American Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association

Honors and Awards

  • Listed in Pennsylvania Super Lawyers, 2012-2014
  • Pennsylvania Super Lawyers, Rising Star, 2005 Employment Litigation

Board Memberships

  • Metropolitan Career Center (MCC)
    - 2003-present

Civic and Charitable Activities

  • Member of the Board of Directors of the Metropolitan Career Center (MCC), a non-profit educational institution, offering education and individualized support services to adults with limited access to academic resources with the objective of preparing individuals for employment and economic independence.

Selected Publications

  • "The Risky Business of Using Contingent Workers," Metropolitan Corporate Counsel, February 2009
  • "Civil Rights: Title VII Protection for Centerfold," 66 Temple L. Rev. 1039, 1993

Selected Speaking Engagements

  • Speaker, "Developments in Workplace Law and Practice," Duane Morris' Developments in Workplace Law and Practice 2014, Philadelphia, May 8, 2014
  • Speaker, "Entrepreneurial Law Clinic Interns, Consultants, and Employees: The Costs of Misclassification," Drexel University, The Laurence A. Baiada Institute for Entrepreneurship, December 3, 2013
  • Speaker, "Dealing with the Problem Employee," Pennsylvania Bar Institute, September 2013
  • Speaker, "Title VII Update," Pennsylvania Bar Institute 19th Annual Employment Law Institute, April 2013
  • Moderator, "2011 Labor and Employment Roundtable," The Legal Intelligencer, September 26, 2011
  • Speaker, "Making Sense of Age Discrimination Laws," Pennsylvania Bar Institute, April 2011
  • Speaker, "Developments in Employment Discrimination Statutes and Cases," Duane Morris' Developments in Workplace Law and Practice 2010, Philadelphia, April 29, 2010
  • Speaker, "Protecting Your Business: Cutting Edge Issues Relative to Non-Competes, Non-Solicitation Clauses and Confidentiality Provisions, Association of Corporate Counsel," DELVACCA Chapter, April 2010
  • Speaker, "Defense Lawyer's Golden Oldies," PBI 15th Annual Employment Law Institute, Defense Strategies to Employment Litigation, April 2009