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 policies, 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
Represented DuPont (NYSE: DD), a global innovation leader with technology-based materials, in its $110 million acquisition of Evoqua’s Memcor business, which includes ultrafiltration and membrane bio-filtration technologies.
- Represented a provider of pharmacy services for skilled nursing facilities, and its operating subsidiaries, in connection with the sale of an interest in the subsidiaries to a Boston-based private equity firm, as well as a recapitalization of the subsidiaries involving senior debt and subordinated debt.
- Represented StoneMor in a Fair Labor Standards Act collective action in Alabama and succeeded in having the case dismissed with prejudice. Plaintiffs had alleged that they were not paid minimum wage or overtime.
- Obtained summary judgment in favor of prominent Philadelphia-based cosmetology school in wage-and-hour class and collective action case in which plaintiffs – current and former cosmetology students – alleged employee status and failure to pay minimum wages under the FLSA, Pennsylvania Minimum Wage Act and Pennsylvania Wage Payment and Collection Law.
- Obtained summary judgment in favor of Philadelphia-area hospital in federal lawsuit alleging unlawful retaliation.
- Represented Tioga Downs Racetrack, LLC in all aspects of a comprehensive, competitive process that resulted in the New York Gaming Facility Location Board authorizing Tioga Downs to move forward with a license for its $195 million full scale casino expansion project at its existing racetrack outside Binghamton, New York.
- Represented POSC Holdings, LLC, an integrated oilfield services company and portfolio company of Argosy Private Equity, in its acquisition of Eagle Automation Limited, a leading oilfield automation company offering services complimentary to POSC Holdings, LLC's subsidiary, Panhandle Oilfield Services Company, Inc.
- 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.
- Represented 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.
- 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
- University of Pennsylvania Carey Law School, J.D., 2005
- Articles Editor, Journal of Labor and Employment Law
- Miami University, B.A., magna cum laude, 2002
- Phi Beta Kappa
- Duane Morris LLP
- Partner, 2015-present
- Associate, 2007-2014
- Saul Ewing LLP
- Associate, 2005-2007
- Legislative Director, Pennsylvania State Council of Society for Human Resource Management, 2013-2014
- The University of Pennsylvania Law School Chapter of the American Inns of Court, 2012-2013
- Quoted, "When Is Fear a Protected Reason for Not Coming to Work?" SHRM, May 26, 2020
- Co-author, "CDC Issues 'Decision Tree' to Assist Employers with Reopening Decisions, Followed Days Later by Supplemental Setting-Specific Guidance," Duane Morris Alert, May 22, 2020
- Co-author, "EEOC Delays EEO-1 Reporting Due to COVID-19," Duane Morris Alert, May 11, 2020
- Co-author, "Pennsylvania Requires Employers to Implement Additional COVID-19 Workplace Safety Measures," Duane Morris Alert, April 16, 2020
- Co-author, "Department of Labor Issues Regulations to Help Implement the Families First Coronavirus Response Act," Duane Morris Alert, April 3, 2020
- Co-author, "Families First Coronavirus Response Act Expands Paid FMLA and Paid Sick Leave to Help Workers Affected by COVID-19 Pandemic," Duane Morris Alert, March 19, 2020
- Co-author, "The Ninth Circuit Has Spoken, Again: Salary History Cannot Be Used to Justify Pay Differentials," Duane Morris Alert, March 2, 2020
- Co-author, "Philadelphia Wage Equity Ordinance Takes Full Effect After Third Circuit Upholds Its Constitutionality," Duane Morris Alert, February 7, 2020
- Co-author, "U.S. Department of Labor Announces Updates to Nonexempt Overtime Regulations," Duane Morris Alert, December 17, 2019
- Co-author, "Pennsylvania's Minimum Salary for White-Collar Exemption Likely to Increase Substantially," Duane Morris Alert, October 30, 2019
- Author, "U.S. Department of Labor Proposes Revisions to the FLSA's Tip Regulations," Duane Morris Alert, October 9, 2019
Co-author, "Washington State Enacts Salary History Ban," Duane Morris Alert, June 5, 2019
Co-author, "Supreme Court Rules That Employers Who Do Not Timely Assert Failure to Exhaust Administrative Remedies in Employment Discrimination Cases Risk Waiving the Defense," Duane Morris Alert, June 4, 2019
Co-author, "Connecticut Joins the Minimum Wage Hike Wave," Duane Morris Alert, May 24, 2019
Co-author, "Massachusetts Employers: Are You Ready for Paid Family and Medical Leave?" Duane Morris Alert, May 17, 2019
Co-author, "EEOC Announces Employers Must Report 2017 and 2018 EEO-1 Pay Data by September 30," Duane Morris Alert, May 6, 2019
Co-author, "The Current State of Joint Employment Standards," QSR Magazine, April 2019
Co-author, "U.S. Department of Labor Proposes Changes to Nonexempt Overtime Regulations," Duane Morris Alert, April 8, 2019
Co-author, "U.S. Department of Labor Proposes Changes to Joint Employer Standard Under the Fair Labor Standards Act," Duane Morris Alert, April 5, 2019
Co-author, "Federal Court Reinstates EEO-1 Pay Data Reporting Requirement," Duane Morris Alert, March 12, 2019
Co-author, "New York Legislature Passes Bills Prohibiting Gender Identity Discrimination and Conversion Therapy," Duane Morris Alert, January 24, 2019
Co-author, "New Bill Seeks to Prohibit All New York Employers from Inquiring into Applicant Salary History," Duane Morris Alert, January 22, 2019
Co-author, "NLRB Re-examines Individual Concerted Action Rule and Returns to Recently Abandoned Definition of Protected Concerted Activity," Duane Morris Alert, January 22, 2019
Co-author, "Philadelphia City Council Passes "Fair Workweek" Ordinance," Duane Morris Alert, December 11, 2018
Co-author, "Massachusetts' New Equal Pay Law: The Attorney General Weighs In," Duane Morris Alert, March 19, 2018
Co-author, "NLRB Withdraws Key Joint-Employer Decision," Duane Morris Alert, March 7, 2018
Co-author, "Second Circuit Rules Title VII Prohibits Sexual Orientation Discrimination," Duane Morris Alert, March 2, 2018
- Author, "Key Lessons From Recent Employee Allegations Against Uber," Law360, March 21, 2017
- Author, "Employee Arbitration Agreements and Class Action Waivers," New York Law Journal, November 7, 2016; New Jersey Law Journal, November 7, 2016; The Legal Intelligencer, November 7, 2016
- Featured in, "Business EXPERTise," Catalyst Magazine, Fall 2016
- Co-author, "Government Agencies Take Aim at Employment-Related Agreements," The Corporate Counselor, November 1, 2016
- Co-author, "SEC Intensifies Scrutiny of Employment-Related Agreements," Duane Morris Alert, October 6, 2016
- Author, "OFCCP Issues Final Rule on Federal Contractor Sex Discrimination Guidelines," Duane Morris Alert, June 22, 2016
- Co-author, "OFCCP Implements New Directive on Functional Affirmative Action Programs," Duane Morris Alert, May 20, 2016
- Co-author, "U.S. Department of Labor Adopts Pay Transparency Final Rule for Employees of Federal Contractors," Duane Morris Alert, September 16, 2015
- Co-author, "OFCCP to Update Sex Discrimination Guidelines," Duane Morris Alert, February 5, 2015
- Co-author, "U.S. Department of Labor Announces Final Rule Raising Minimum Wage for Federal Contract Workers," Duane Morris Alert, October 9, 2014
- Co-author, "U.S. Department of Labor Proposes Pay Transparency Rule for Employees of Federal Contractors," Duane Morris Alert, September 19, 2014
- Author, "President Obama Issues Executive Order Barring Sexual Orientation and Gender Identity Discrimination by Federal Contractors," Duane Morris Alert, July 22, 2014
- Author, "Can an Employer Ask Employees to Keep HR Investigations Confidential?," HR.BLR.com, September 24, 2013
- Co-author, "OFCCP Issues Revised Affirmative Action Regulations for Veterans and Individuals with Disabilities," Duane Morris Alert, September 23, 2013
- Author,"Can an Employer Fire an Employee for Sleeping on the Job?" HR.BLR.com, September 16, 2013
- Author, "Tips for Junior Associates to Effectively Communicate and Build Relationships at All Levels of the Law Firm Food Chain," Law Practice Today, September 2013
- Co-author, "Hospitals Must Re-Evaluate Subcontractor Status," Law360, April 16, 2013
- Co-author, "OFCCP Rescinds Old Compensation Guidance, Implements New Compensation Directive," Duane Morris Alert, March 6, 2013
- Author, "Affirmative Action Invades the Healthcare Industry – Or: How I Learned to Stop Worrying and Love the OFCCP," Employment Law Strategist, July 2011
- Co-author, "OFCCP Proposes Revisions to Veterans' Affirmative Action Regulations," Duane Morris Alert, May 10, 2011
- "DOL's "Mixed Bag" Final Rule Amends Some FLSA Regulations; Leaves Intact Other Regulations Previously Slated to Change," Duane Morris Alert, April 11, 2011
- Co-author, "OFCCP Affirmative Action Directive Gives New Guidance for Healthcare Providers and Insurers," Duane Morris Alert, January 31, 2011
- "U.S. Department of Labor Further Expands Jurisdiction over Hospitals and Healthcare Providers; TRICARE Agreements Impose Affirmative Action Obligations," Duane Morris Alert, November 15, 2010
- Co-author, "Telecommuting and the Virtual Workplace: How to be Flexible with Employees and Not Run Afoul of Inflexible Laws," Employment Law Strategist, July 2010
- Co-author, "Employment Arbitration: It Takes Two to Tango," Employment Law Strategist, December 2009
- Co-author, "President Issues Executive Order Encouraging the Use of Project Labor Agreements on Federal Construction Projects," Duane Morris Alert, March 9, 2009
- Co-author, "Employers Must Act Promptly to Comply with the Revised Family and Medical Leave Act Regulations," Duane Morris Alert, December 11, 2008
- Co-author, "Federal Government Issues Final Rule Requiring Federal Contractors to Use E-Verify System," Duane Morris Alert, November 20, 2008
- "President Amends Executive Order to Require All Federal Contractors to Use E-Verify System," Duane Morris Alert, June 17, 2008
- "Important New Employment Legislation Prohibits Discrimination Based on Genetic Information Federally and Provides for Paid Family Leave in New Jersey," Duane Morris Alert, May 13, 2008
- Co-author, "The NLRB in 2007: Will the 'Roll-Backs' of the Bush Board Survive the 2008 Election?" Employment Law Strategist, April 2008
- Co-author, "FMLA Expanded to Cover Relatives of Military Service Members," HRNow, Spring 2008
- "Family and Medical Leave Act Expanded to Cover Relatives of Military Service Members," Duane Morris Alert, February 14, 2008
Selected Speaking Engagements
- Speaker, "Worrisome Legal Issues Arising from COVID-19: What You Need to Know," McKnight's Online Forum: COVID-19 Update V, July 22, 2020
- Speaker, "COVID-19 Screenings: Employment, Healthcare and Regulatory Perspectives," Duane Morris LLP Webinar, May 21, 2020
- Speaker, "COVID-19 Employer Update: Implementing the FFCRA - What Employers Need to Know," Duane Morris Institue (DMi), Webinar, April 21, 2020
- Presenter, "Legal Update – Hiring the Best," Philadelphia Area Association of Health Care Recruiters, Philadelphia, February 19, 2020
Co-presenter, "OFCCP/AA Legal Updates and Trends," Greater Houston Industry Liaison Group, Houston, January 16, 2020
Co-presenter, "You've Been Served – What Now? Strategies for Analyzing and Responding to Employment Discrimination Complaints," Celesq AttorneysEd Center Webinar, September 19, 2019
Presenter, "Since We Are Talking About Pay…Leveraging Your OFCCP Compliance Activities to Learn More About Your Pay Equity Situation," Industry Liaison Group National Conference, Milwaukee, August 1, 2019
Presenter, "Affirmative Action Plans: Compliance Plus Collaboration," Industry Liaison Group National Conference, Milwaukee, July 31, 2019
Presenter, "Update on 2019 Employment Law – Litigation, Legislation and Enforcement," Lawline Webinar, March 21, 2019
Presenter, "Employment Law: 2018 Year in Review," American Council of Engineering Companies Webinar, December 4, 2018
Testimony, Pennsylvania House Committee on Labor & Industry Hearing on Legislation Related to Workplace Harassment and Sexual Misconduct, Harrisburg, PA, September 6, 2018
Speaker, "Critical Analysis of Bills," Pennsylvania State Council of Society for Human Resource Management, Legislative and Legal Conference, Harrisburg, PA, May 4, 2018
Panelist, “Employment Law Update,” National Association of Legal Search Consultants, Annual Conference, Austin, TX, April 13, 2018
Presenter, "The Salary History Ban Wave—What Employers Need to Know to Stay Above Water," Duane Morris Institute (DMi) Webinar, February 6, 2018
Faculty, “When the Thrill is Gone: Separation Agreements and Severance Packages,” American Bar Association Webinar, December 6, 2017
- Speaker, "Risk Management-Is Your House in Order?" Duane Morris and BB&T Briefing, San Diego, October 12, 2017
- Presenter, "Employment Law Trends in Legislation, Litigation and Enforcement," LawLine Webinar, September 18, 2017
- Speaker, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 3, 2017
- Speaker, "EEOC Update: Retaliation, Gender Bias, Sexual Harassment and Disability Claims," PA Chamber of Business & Industry HR Roundtable: Practical Strategies to Protect Your Company from Discrimination, Harassment and Retaliation Claims, Harrisburg, PA, September 23, 2016
- Presenter, "The Expansion of Joint Employer Liability—Is Your Company at Risk?" Duane Morris Institute (DMi) Webinar, April 12, 2016
- Presenter, "Exploring The Employer's Dilemma: Independent Contractor or Employee?" Duane Morris Institute (DMi) Webinar, November 13, 2015
- Presenter, "15 Things Federal Contractors Need to Be Doing for Affirmative Action in 2015," Duane Morris Institute (DMi) Webinar, June 17, 2015
- Speaker, Duane Morris' Developments in Workplace Law and Practice 2015, Philadelphia, May 14, 2015
- Speaker, 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 for Human Resource Management Legislative & Legal Conference, Harrisburg, PA, May 2, 2014
- Speaker, "Interviewing Dos and Don'ts," 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, PA, 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
- Presenter, "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
- Presenter, "Health Care on OFCCP's Radar: Affirmative Action Anyone?", Duane Morris Institute Seminar, February 28, 2011
- Presenter, "Affirmative Action, Pro-Union Posting and E-Verify Obligations of Federal Contractors and Subcontractors," Duane Morris Institute Seminar, Philadelphia, October 21, 2010