Christopher D. Durham

Partner

  • Christopher D. Durham
  • Phone: +1 215 979 1510

    Christopher D. Durham - LinkedIn Import to Address Book

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

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 pay equity, 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 OFCCP 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

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

Representative Matters

  • Represented WellSpan Health in its acquisition of Evangelical Community Hospital, expanding WellSpan’s network of care across 12 counties in Central Pennsylvania and Northern Maryland.

  • Represented IQVIA Inc. (NYSE: IQV), a leading global provider of advanced analytics, technology solutions and clinical research services to the life sciences industry, in connection with its acquisition of a life sciences consulting and communications company.

  • 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 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.

  • Represents government contractors and subcontractors in Office of Federal Contracts Compliance Programs' audits regarding compliance with affirmative action laws and regulations.

  • Prepares affirmative action plans for government contractors and subcontractors, and counsels government contractors and subcontractors regarding all aspects of affirmative action obligations under federal law.

  • 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.

  • On behalf of heavy and highway construction company, successfully challenged a multiemployer pension plan's imposition of substantial pension plan withdrawal liability.

  • 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 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 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.

Admissions

  • Pennsylvania
  • New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Western 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 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

Experience

  • Duane Morris LLP
    - Partner, 2015-present
    - Associate, 2007-2014
  • Saul Ewing LLP
    - Associate, 2005-2007

Professional Activities

  • 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

Board Memberships

  • Trustee, Philadelphia Bar Foundation

Honors and Awards

  • Listed in The Best Lawyers in America, 2024

Media Hits

Selected Publications

Selected Speaking Engagements

  • Speaker, “Intersectionality of Race and Gender on Hiring and Pay Equity”, SWARM Industry Liaison Group Conference, Fort Worth, TX, October 18, 2023
  • Speaker, “Artificial Intelligence in the Workplace: Navigating Risk in a New Frontier,” Northeast Region Corporate Industry Liaison Group, September 22, 2023
  • Speaker, "Navigating the OFCCP, State and Local Pay Equity Landscape," Industry Liaison Group National Conference, Phoenix, AZ, August 2, 2023
  • Speaker, "Artificial Intelligence in the Workplace: Navigating Risk in a New Frontier," Duane Morris Institute (DMi) Webinar, July 25, 2023
  • Panelist, “TA Meets AI: How ChatGPT and Other AI Tools Can Disrupt the World of Talent Acquisition,” Recruit-Adelphia Conference, June 8, 2023

  • Speaker, “Money Talks: Pay Equity in 2023,” Pennsylvania Chamber of Business & Industry, 2023 Annual Human Resources Conference, Hershey, PA, April 12, 2023

  • Speaker, "Intersectionality of Race and Gender in Hiring and Pay Equity Analyses," Philadelphia Industry Liaison Group Webinar, October 18, 2022
  • Speaker, "Follow the Money: Handling Hiring Claims in OFCCP Audits," Industry Liaison Group National Conference, Boston, MA, July 27, 2022
  • Speaker, " Intersectionality of Race and Gender in Hiring and Pay Equity Analyses," Industry Liaison Group National Conference, Boston, MA, July 26, 2022
  • Speaker, "When Employers Can’t “Just Say No” – The Budding Relationship of Marijuana and the Workplace," Duane Morris Institute (DMi), Webinar, July 13, 2022
  • Speaker, "Medical Marijuana and Other Drug and Alcohol Issues," Pennsylvania SHRM State Council Webinar, May 16, 2022
  • Speaker, "Money Talks: Using Pay Equity Audits to Identify and Mitigate Pay Gap Liability," Duane Morris Institute (DMi) Webinar, January 27, 2022
  • Speaker, "Beyond the OSHA ETS COVID-19 Vaccine/Testing Mandates and Workplace Safety," Duane Morris Institute (DMi) Webinar, January 26, 2022
  • Speaker, "Leveraging Your OFCCP Compliance Efforts to Support D&I Initiatives," North Texas Industry Liaison Group, November 16, 2021
  • Speaker, "OSHA’s ETS: Vaccine and COVID Testing," Duane Morris Institute (DMi), Webinar, November 10, 2021
  • Speaker, “Federal Contractors: Vaccine Mandates & Your Workforce,” Bloomberg Government, Webinar, October 28, 2021

  • Speaker, "Leveraging Your OFCCP Compliance Efforts to Support DE&I Initiatives," Industry Liaison Group National Conference, Nashville, TN, August 2, 2021
  • Speaker, "Termination Traps: Top 10 Mistakes Employers Make When Terminating Employees and How to Avoid Them," Industry Liaison Group National Conference, Nashville, TN, August 1, 2021
  • Speaker, "Healthcare & COVID-19: From Mandatory Vaccination Issues to Telehealth Contracting," Duane Morris COVID-19: Navigating Forward Webinar Series, March 16, 2021
  • Speaker, "Steps for Getting Through OFCCP Audits with Maximum Success," Baltimore ILG Webinar, February 9, 2021
  • Speaker, "Pay Equity in 2021: Navigating an Increasingly Complex Legal Landscape and Minimizing Risk of Pay Gap Liability," Duane Morris Institute (DMi), Webinar, January 21, 2021
  • Speaker, "Key Wage-and-Hour Issues for Remote Workers," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 11, 2020
  • Speaker, "Termination Traps: Top Ten Mistakes Employers Make When Terminating Employees and How to Avoid Them,"  BCGi Summit, October 28, 2020
  • Speaker, "Steps for Getting Through OFCCP Audits with Maximum Success," San Antonio Industry Liaison Group, Webinar, October 21, 2020
  • 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