Christopher D. Durham
Associate

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

Phone: +1 215 979 1510
Fax: +1 215 689 4915
Email: cddurham@duanemorris.com

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Christopher D. Durham

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Christopher D. Durham practices in the area of employment law, counseling and representing clients on a variety of employment issues and matters. Mr. Durham provides strategic employment advice and counseling on matters such as the preparation of human resources polices, wage and hour compliance, employee performance management and terminations, medical accommodation, FMLA compliance, labor-management relations and NLRA compliance, harassment and discrimination prevention, employee investigations, background checks and drug testing. Mr. Durham represents businesses before federal and state courts and administrative agencies in various types of employment litigation, including the defense of employment discrimination and retaliation claims, wrongful discharge cases, wage and hour litigation and employment contract matters. In addition, he counsels businesses on affirmative action compliance and the development and implementation of affirmative action programs, and defends businesses in Department of Labor affirmative action audits. Mr. Durham also advises businesses and individuals in the drafting and negotiation of non-compete agreements and other restrictive covenants, employment agreements and severance agreements.

Admitted to practice in Pennsylvania and New Jersey, Mr. Durham is a 2005 graduate of the University of Pennsylvania Law School, where he was articles editor of the Journal of Labor and Employment Law, and a magna cum laude graduate of Miami University, where he was elected to Phi Beta Kappa.

Areas of Practice

  • Employment Law
  • Employment Advice and Counseling
  • Employment Litigation
  • Wage and Hour Litigation, including Class/Collective Actions
  • Affirmative Action

Representative Matters

  • Represented Tioga Downs Racetrack, LLC in submitting an application and response to the New York State Gaming Facility Location Board's Request for Applications to Develop and Operate a Gaming Facility in New York State.
  • Represented Monteco Ltd. and Green Turtle Americas Ltd., a leading provider of composite wastewater pretreatment solutions for commercial, institutional and industrial applications, in the acquisition by Zurn Industries, LLC of Green Turtle and two related Canadian businesses.
  • Represented CIT, Inc. (d/b/a Chicago International Trucks), Mcgrenho L.L.C. (d/b/a Indy Truck Sales), Indiana Mack Leasing, LLC, and Idealease of Chicago, LLC in a $143 million truck dealership sale to Rush Enterprises, Inc., which operates the largest network of commercial vehicle dealerships in North America.
  • Represented a clean technology company in the sale of the stock of a stormwater treatment company to a civil engineering site solutions company.
  • Represent large healthcare employer in wage-and-hour class and collective action case in which plaintiffs have alleged failure to pay nonexempt employees for all time worked, including time allegedly worked during meal breaks. Suit includes claims brought under the FLSA, Pennsylvania Wage Payment and Collection Law, Pennsylvania Minimum Wage Act, ERISA, RICO and state common law.
  • Prepared affirmative action plans for government contractors and subcontractors, and counseled government contractors and subcontractors regarding all aspects of affirmative action obligations under federal law.
  • Represented government contractors and subcontractors in U.S. Office of Federal Contracts Compliance Programs' audits regarding compliance with affirmative action laws and regulations.
  • On behalf of national health care services provider, obtained rerun union election before the National Labor Relations Board.
  • On behalf of fluid power distributor, successfully defended Department of Labor investigation into exempt status of employees, avoiding significant liability for unpaid overtime.
  • On behalf of international food services and facilities management company, obtained dismissal of federal race discrimination lawsuit.
  • Counseled federal contractors and subcontractors on affirmative action compliance and Department of Labor audits.
  • Successfully defended employment discrimination and harassment cases in federal and state courts and before federal and state agencies.
  • Assisted with developing apprenticeship program for state authority's significant public facility construction project.
  • On behalf of heavy and highway construction company, successfully challenged a multiemployer pension plan's imposition of substantial pension plan withdrawal liability.
  • Counseled insurance company during investigation into an employee's serious computer-related misconduct and coordinated efforts with federal authorities during the investigation.
  • Counseled clients on wage payment, wage and hour compliance, and white collar exemptions under federal and state law.

Admissions

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

Education

  • University of Pennsylvania Law School, J.D., 2005
    - Articles Editor, Journal of Labor and Employment Law
  • Miami University, B.A., magna cum laude, 2002
    - Phi Beta Kappa

Experience

  • Duane Morris LLP
    - Associate, 2007-present
  • Saul Ewing LLP
    - Associate, 2005-2007

Professional Activities

  • The University of Pennsylvania Law School Chapter of the American Inns of Court

Civic and Charitable Activities

  • Bloktoberfest, Inc.Ė Member, Board of Directors, 2013- present
  • South of South Neighborhood Association- Member, Board of Directors, 2012- present

Selected Publications

Selected Speaking Engagements

  • Speaker, "Developments in Workplace Law and Practice," Duane Morris' Developments in Workplace Law and Practice 2014, Philadelphia, May 8, 2014
  • Speaker, "2014 State Law Legislative Update," 14th Annual Pennsylvania State Council of Society of Human Resource Management Legislative & Legal Conference, May 2, 2014
  • Speaker, "Interviewing Dos and Doníts," Pennsylvania Business Leadership Network "Tuesday Talk," March 11, 2014
  • Testimony on behalf of Pennsylvania State Counsel of Society of Human Resource Management, Pennsylvania House Committee on Labor & Industry hearing regarding proposed Pennsylvania Family and Medical Leave Act, November 14, 2013
  • Speaker, "Protecting Your Trade Secrets and Confidential Information in the Digital Era, " 5th Annual Pennsylvania SHRM State Conference & Exposition, State College, September 26, 2013
  • Speaker,"This is Not Your Father's OFCCP: The New Era of Affirmative Action Compliance," Lehigh Valley Chapter of Society for Human Resource Management, October 15, 2012
  • Speaker, "ADA Amendments Act of 2008 and the Final Regulations," Greater Valley Forge Human Resources Association, November 3, 2011
  • Speaker, "Affirmative Action," Duane Morris Institute Seminar, July 6, 2011
  • Presenter, "Hospitals on the OFCCP's Radar: A New Era for Affirmative Action Compliance," Hospital Association of Pennsylvania webinar, May 16, 2011
  • Instructor, "Health Care on OFCCP's Radar: Affirmative Action Anyone?", Duane Morris Institute Seminar, February 28, 2011
  • Instructor, "Affirmative Action, Pro-Union Posting and E-Verify Obligations of Federal Contractors and Subcontractors," Duane Morris Institute Seminar, Philadelphia, October 21, 2010
  • Lecturer, "Hiring and Firing: How To Do It Right," Wilmington, Delaware, September 16, 2009
  • Co-Conductor, "Developing An Affirmative Action Plan," CLE Presentation, October 22, 2007
  • Instructor, "FMLA Master Class - An Advanced Interactive Workshop," Philadelphia, November 16, 2006