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Philadelphia Office
1835 Market Street - Suite 1400
Philadelphia
PA 19103
Marlton Office
10000 Lincoln Drive East - Suite 201
Marlton
NJ 08053
215.569.4282 phone215.568.6603 faxcercole@klehr.com
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Charles A. Ercole

Partner | Labor and Employment | Litigation

Biography

Charles A. Ercole is a partner and Chair of the firm's Labor and Employment Law Practice Group.

Mr. Ercole has been named a Pennsylvania Super Lawyer® consecutively since 2009 by a vote of his peers.

Mr. Ercole represents and advises clients in all aspects of employment litigation including sexual harassment, discrimination, wage and hour, and non-competition/non-solicitation/trade secret agreements. Mr. Ercole has acted as lead counsel in class actions. He represents employers in their dealings with organized labor, including union avoidance campaigns, negotiating collective bargaining agreements, and defending unfair labor practice charges. His clients value his business acumen and negotiating skills.

Mr. Ercole is admitted to practice in Pennsylvania, New Jersey, the Third Circuit Court of Appeals and the United States Supreme Court.

News

Employees File WARN Act lawsuit against The Kane Company, January 2017

Court Approves WARN Act Claims For Over 700 Former Employees of Truland Electric, November 11, 2015

Credentials

Education

Rutgers University School of Law, J.D. (1993)

Saint Joseph's University, B.A. (1981)


Admissions

Pennsylvania

New Jersey

U.S. Supreme Court


Boards/Memberships

Member,  Board of Directors, Homeless Advocacy Project

Board President,  St. Francis Xavier School

Past Board President,  Little Brothers Friends of the Elderly

Member, Board of Directors,  Doctors of the Americas

Publications

Client Alert - Mandatory Paid Sick Leave in New Jersey Begins October 29, 2018

"Sexual Harassment Prevention in the #MeToo Era," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2018

"Fair Share Fees Declared Unconstitutional," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2018

"FLSA's Narrow Construction Standard Struck Down," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2018

"The United States Supreme Court Upholds Arbitration Clauses That Preclude Class Actions," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2018

"Third Circuit Rules That Warn Act Obligations Arise When Layoffs Are Probable - Not Merely Possible," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2017 "Recent Decisions Under the Warn Act Demonstrate 'Loopholes' In The Law," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2017

"Philadelphia Employers Must Now Provide Paid Sick Leave," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2015

"NLRB Holds That Employment Arbitration Agreements Cannot Prohibit Class Actions," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2015

"Churches, Synagogues and Mosques Not Covered By Employment Laws," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2012

"Camera in Bathroom Likely an Unlawful Invasion of Privacy," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2012

"Bad Economy May Relieve Employer of Warn Act Obligations," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2012

Co-Author, "Wage and Hour Issues Continue to Trip Up Employers," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2012

"ADA May Require Reasonable Accommodation of Reduced Commuting Distance," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2011

"Refusing To Hire Unemployed Individuals," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2011

"National Labor Relations Board ("NLRB") Dismisses Facebook Case," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2011

"Employers May Be Liable for Money Damages For Errors in Benefit Plan Descriptions," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2011

"Handbilling Permitted on Private Property," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2011

"Good News, Bad News for Walmart," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2011

"States - Including Pennsylvania - Inact New Laws to Punish Intentional Misclassification of Workers," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2010

"Social Networking: Cause For Firing or An Unfair Labor Practice," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2010

"Dealing with Workplace Violence," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2010

"New DOL Regulations Expand Definition of Parent for FMLA Leave Purposes," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2010

"What is the Genetic Information Nondiscrimination Act?," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2009

"Unionized Workers May or May Not Be Required to Arbitrate Employment Discrimination Claims," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2009

"In Tough Economic Times Are Furloughs Or Shortened Schedules The Way To Go?," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2009

"Getting A Release When Paying Severance," Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2009

"Healthcare Premiums Paid By Stimulus Package," Labor and Employment Update, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Winter 2009

"Arbitration Policy May Not Prevent Employees From Pursuing a Class Action," Labor and Employment Update, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Winter 2009

"New Regulations Make It Easier to Investigate Employee Misconduct," Labor and Employment Update, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Winter 2005

"The Latest Basis for Multi-Million Dollar Settlements and Verdicts Against Employers - Cell Phone Use," Labor and Employment Update, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Winter 2005

"Are Federal Government Contractors Required to Post Beck Notice," Labor and Employment Update, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Spring 2003

"Failure to Supervise Your Supervisors Can Be Costly," Labor and Employment Update, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Winter 2003

"Investigating Sexual Harassment Complaints," Labor and Employment Update, Klehr, Harrison, Harvey, Branzburg & Ellers LLP, Fall 2002

"Sarbanes-Oxley Whistleblower Action: Why are they a human resource issue?" - "Safeguarding Your Company Against SOX Claims Through Human Resource Best Practices," "Employment Practices Liability Insurance (EPLI)," and "Conducting a Quality Assurance Audit - How Does Your Company Measure Up?" - National Business Institute, February 2006 

Presentations
"Sexual Harassment: Management and Union Viewpoints," American Arbitration Association, Continuing Legal Education, Philadelphia, PA "Retaliation: How to Deal With the Employee Who Has Filed Suit Against the Company," Institute of Business Law, Philadelphia, PA "Freedom of Speech and Other First Amendment Rights," Pennsylvania Borough Solicitor's Association, Philadelphia, PA "AIDS: Latest Developments in the Law," Operating Room Professionals Continuing Education Course, White Haven, PA "Sexual Harassment: Avoiding Liability," International Bridge, Tunnel and Turnpike Association Conference, Seattle, WA, Seattle, WA "Workplace Investigations," National Constitution Center, Philadelphia, PA (online) "Developments in Delaware Employment Law," National Business Institute Continuing Education for Human Resources, Wilmington, DE