Andrea M. Kirshenbaum

akirshenbaum@littler.com
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Andrea M. Kirshenbaum’s practice focuses on providing counsel on compliance with wage and hour laws and defending employers in federal and state courts against litigation under the Fair Labor Standards Act (FLSA) and state laws relating to wages, pay practices and worker classifications. She regularly represents employers in complex class and collective actions involving a variety of employment-related disputes. Andrea has experience working with clients in a range of industries, including construction, commercial real estate, energy, financial services, health care and pharmaceuticals, hospitality, manufacturing, retail, and technology.

In addition to wage and hour matters, Andrea counsels and represents employers in a wide range of matters that arise in the employer-employee relationship involving discrimination and harassment claims, including religious discrimination cases related to COVID-19 and influenza vaccinations, leave and disability accommodation, and trade secrets and restrictive covenants. Andrea also represents employers in complex class and collective actions, government investigations, and audits of employment policies and practices, and labor relations matters.

A prolific author and speaker, Andrea regularly writes and presents on legal and regulatory developments impacting the workplace. She serves as the wage and hour columnist for The Legal Intelligencer. In 2022, she was appointed to the Civil Rules Advisory Committee of the U.S. District Court for the Eastern District of Pennsylvania.

Prior to joining Littler, Andrea was a shareholder with a Philadelphia law firm, where she was chair of the Employment and Labor Practice Group.

She previously served as a clerk to the Hon. Harvey Bartle III, Judge, U.S. District Court for the Eastern District of Pennsylvania, and the Hon. Morton I. Greenberg, Judge, U.S. Court of Appeals for the Third Circuit.

Credentials & Recognition

Speaking Engagements

Healthcare Roundtable: Top Issues Facing Healthcare Employers in 2024

  • May 8, 2024
  • Littler Executive Employer Conference, Phoenix, AZ

Is Court Approval Still Required for FLSA Settlements?

  • January 17, 2023
  • Celesq AttorneysEd Center

To Compete or Not to Compete: The Future of Competition in Clinical Medicine

  • March 16, 2022
  • Pennsylvania Bar Institute (PBI) 2022 Health Law Institute

Navigating Vaccinations and Religious Exemptions Under Title VII in the COVID-19 Era

  • October 28, 2021
  • Pennsylvania Bar Institute's (PBI) A Day on Health Law

COVID-19 Employer Vaccine Mandates

  • October 14, 2021
  • Women Owned Law's (WOL) Table Talk

Where Are We? Remote Work Issues: Tax & Employment Law View

  • October 1, 2021
  • Philadelphia Bar Association's Virtual Bench-Bar & Annual CLE Conference

What Employers Need to Know About Pay Practices for Tipped Employees

  • August 3, 2021
  • Pennsylvania Restaurant & Lodging Association (PRLA) Webinar

Impact of New PA Salary Thresholds

  • June 9, 2021
  • Pennsylvania Restaurant & Lodging Association (PRLA) Webinar

COVID-19 Vaccinations and Employees: Navigating the Legal Challenges

  • June 8, 2021
  • Pennsylvania Restaurant & Lodging Association (PRLA) Webinar

Women & The Workplace

  • April 27, 2021
  • Forum of Executive Women/Philadelphia Business Journal Webinar

Navigating Vaccinations and Religious Exemptions under Title VII in the COVID-19 Era

  • March 2021
  • Pennsylvania Bar Institute's (PBI) Health Law Institute 2021

The Impact of the COVID-19 Pandemic on Working Mothers and How to Move Forward

  • January 26, 2021
  • The Forum for Executive Women Panel Discussion

COVID-19: Vaccination Protocols and the Regulatory and Legal Landscape

  • December 21, 2020
  • West LegalEd Center CLE Webinar

Navigating Vaccinations and Religious Exemption Under Title VII in the COVID-19 Era

  • August 27, 2020
  • Pennsylvania Bar Institute (PBI) Webinar

Managing Employment Challenges in an Age of Opioid, CBDs, Medical Marijuana, Drugs & Alcohol

  • July 22, 2020
  • PBI's 2020 Employment Law Institute

Families First Coronavirus Response Act: Insights for Employers

  • March 30, 2020
  • Pennsylvania Motor Truck Association (PMTA) Webinar

Families First Act & The Hospitality Industry

  • March 24, 2020
  • Pennsylvania Restaurant & Lodging Industry (PRLA) Webinar

Managing Employment Challenges in the Age of the Opioid Epidemic

  • March 12, 2020
  • PBI's 2020 Health Law Institute, Philadelphia, PA

Top Health Industry Issues of 2021: Will a Shocked System Emerge Stronger?

  • March 4, 2020
  • Duke Philadelphia Alumni Webinar

Additional Thought Leadership

One Year Later, DOL's Caregiver Initiative Shines Light on Pay Practices for 'Care-Focused' Employers

  • December 21, 2022
  • The Legal Intelligencer

NJ Cannabis Regulatory Commission Releases 'Hazy' Guidance on Workplace Marijuana Impairment

  • October 27, 2022
  • New Jersey Law Journal

More and More Courts Are Eschewing Mandatory Approval of FLSA Settlements

  • October 6, 2022
  • The National Law Journal

Significant Revisions to PMWA Regulations for Tipped Employees Coming to a Restaurant Near You in August

  • July 22, 2022
  • The Legal Intelligencer

US Department of Labor ‘Beefing Up’ Enforcement Efforts

  • March 25, 2022
  • The Legal Intelligencer

Risk Factors Combine to Make Wage and Hour Audits a Priority for Employers in 2022

  • December 20, 2021
  • The Legal Intelligencer

Expansive View of Compensable Time Under PMWA Likely to Drive More Class Actions

  • September 8, 2021
  • The Legal Intelligencer

Construction Companies’ Wage-and-Hour Noncompliance Viewed as 'Wage Theft'

  • August 20, 2021
  • The Legal Intelligencer

Avoiding Wage-and-Hour Pitfalls in the Post-Pandemic Workplace

  • March 26, 2021
  • The Legal Intelligencer

Should Your Organization Consider a COVID-19 Vaccination Mandate?

  • December 21, 2020
  • The Legal Intelligencer

What HR Needs to Know Now About COVID-19 Vaccine Policy

  • November 9, 2020
  • HR Executive Magazine

Pa. Significantly Increases OT Salary Thresholds Under the Minimum Wage Act

  • October 26, 2020
  • The Legal Intelligencer

Employers Should Plan For Vaccine Religious Exemptions

  • September 29, 2020
  • Law360

Avoiding Wage-and-Hour Woes During the COVID-19 Pandemic

  • July 27, 2020
  • The Legal Intelligencer

The Families First Coronavirus Response Act: What Employers Need to Know

  • March 30, 2020
  • The Legal Intelligencer

Let us know how we can help you navigate your particular workplace legal issues.