David Renner

Partner | Employment, Labor, and Benefits

About

Dave got into law so that he could make a difference. Always a proponent for what is right, he thought that being an advocate for justice and guardian of the system that provides equality and protection for all would be the kind of profession that would get him up in the morning. He was right.

  • Through a focus on labor and employment, Dave has been and continues to be a trusted advisor to employers, executives, and human resources (HR) professionals from businesses in multiple industries, including construction, energy, financial services, healthcare, higher education, hospitality, manufacturing, oil and gas, and retail. He has successfully overseen hundreds of cases and claims and has litigated nearly every facet of labor and employment law. Dave has extensive expertise defending Equal Employment Opportunity Commission (EEOC) and state enforcement actions, employment class actions, Fair Labor and Standards Act (FLSA) collective actions, and restrictive covenant matters.

    Because of his close collaboration with HR and the professionals who lead human capital services for his clients, Dave obtained a Senior Professional in Human Resources (SPHR) Certification from the HR Certification Institute. The SPHR Certification equips Dave to uniquely assist and partner with his clients in strategic planning and policymaking aspects of HR management. It also provides his HR clients with confidence that he understands and respects their specialty. In turn, Dave appreciates the trust his HR clientele has in him as their partner.

    Every day, clients depend on Dave for guidance across various matters, spanning from preventive counsel and proactive strategizing to policy formulation, all delivered in a cost-efficient manner. A notable portion of his work focuses on ensuring compliance and handling litigation related to wage and hour regulations under FLSA and relevant state laws governing compensation practices. This encompasses both individual cases and class/collective litigation.

    While Dave relishes it when his clients proactively seek his counsel to prevent prickly HR compliance issues before they become larger problems, he is skilled in the courtroom as a zealous advocate when matters escalate to litigation. Moreover, Dave has significant experience litigating and counseling clients on restrictive covenant matters, including hiring and separation issues, and enforcement of non-competes, post-employment customer and employee solicitation agreements, and confidentiality agreements. He also advises executives, physicians, and employers on employment agreements and change-in-control agreements.

    Active with professional organizations, Dave serves on the steering committees for the Labor and Employment Section and Young Lawyers Section of DRI, an international association of attorneys defending the interests of business in civil litigation. He also is the Membership Vice-Chair and Program Chair to the Employment and Labor Law Committee.

    Related to his passion for giving back, Dave co-founded the Tri-Rivers Heritage Foundation, a charitable organization providing children in the Pittsburgh metro area with resources to foster their success. Since founding the organization as an undergraduate at the University of Pittsburgh, Tri-Rivers raised more than $225,000. Every dollar goes directly to other nonprofits that assist children in need. Additionally, an annual golf outing organized by Tri-Rivers offers mentoring and networking opportunities for aspiring students pursuing degrees in finance, accounting, or law. Through this event, students are paired with professionals in a foursome, leading to countless students securing interviews, internships, and employment opportunities.

    Additionally, Dave is a sought-after national presenter at conferences for continuing education programs in law and HR, including for the National Business Institute (NBI). When speaking, his primary objective is to enhance the performance of defense attorneys and HR professionals when representing and advising their clients on employment and HR matters.

    From 2016 to 2023, Dave was recognized by his peers as a Pennsylvania Super Lawyer Rising Star in the categories of Employment and Labor and Employment Litigation. He earned his juris doctorate from Duquesne University School of Law and a bachelor’s degree in finance from the University of Pittsburgh. He graduated summa cum laude from both institutions.

    Examples of the services clients rely on Dave to provide include:

    • Wage and hour audits and class/collective actions

    • Agency investigations alleging overtime and other payroll violations

    • Administrative charges of discrimination, harassment, and retaliation

    • Whistleblower and retaliation claims and lawsuits

    • Employee theft of trade secrets

    • Violations of restrictive covenants

    • WARN Act compliance, layoff planning, and severance agreements

    • Advice for disciplinary and termination decisions

    • Guidance during harassment investigations

    • Anti-discrimination, harassment, and retaliation training for supervisors, HR professionals, and employees

    • Responses to wage claims and unemployment benefit disputes and hearings

    • Executive and retention agreements

    • Labor relations and grievance defense

    • Government contracting, including Executive Order 11246, VEVRAA, and Rehab Act counseling and compliance

    • EEO, AAP, and HR policy development

    • OFCCP audits and investigations

    • FMLA leave management and ADA accommodations

    • Employment due diligence consultation for mergers and acquisitions

    • Public accommodations under the ADA


Practices

  • Class Action Defense

  • Employment and Labor

  • Litigation and Risk Management

  • Trade Secrets and Restrictive Covenants

  • Appellate

  • Civil Pretrial and Trial Services

Admissions

  • Pennsylvania

  • The Supreme Court of the United States

  • US Court of Appeals, Second Circuit

  • US Court of Appeals, Third Circuit

  • US Court of Appeals, Fourth Circuit

  • US District Court for the Eastern District of Pennsylvania

  • US District Court for the Middle District of Pennsylvania

  • US District Court for the Western District of Pennsylvania

  • US District Court for the Northern District of Ohio

  • US District Court for the Western District of Michigan


Education

  • Duquesne University School of Law, J.D., Summa Cum Laude, 2011

  • University of Pittsburgh College of Business Administration, B.S. in Business Administration, Summa Cum Laude, 2008


Affiliations

  • Defense Research Institute (DRI), Membership Vice-Chair and Program Chair to the Employment and Labor Law Committee

  • National Association of College and University Attorneys (NACUA), Member

  • Order of the Barristers


Honors and Certifications

Law Firm Experience

  • FisherBroyles, LLP

  • Leech Tishman Fuscaldo & Lampl LLC

  • Jackson Lewis P.C.

  • Post & Schell, P.C.


Corporate Experience

  • National City Bank

  • PNC Bank

Presentations and Teaching Experience

  • “Non-Compete, Non-Solicit, and Confidentiality Agreements,” Pennsylvania Employment Law 2022, National Business Institute (NBI) CLE Webinar (December 12, 2022)

  • “Wage and Hour Law: Best Practices and Current Developments,” Pennsylvania Employment Law 2022, NBI CLE Webinar (December 12, 2022)

  • “Other Employment Laws You Need to Know,” Mini Law School for Pennsylvania HR Professionals, NBI CLE Webinar (August 25, 2022)

  • “Discipline and Discharge – Necessary Documentation,” Mini Law School for Pennsylvania HR Professionals, NBI CLE Webinar (August 25, 2022)

  • “Wage and Benefit Issues,” Mini Law School for Pennsylvania HR Professionals, NBI CLE Webinar (August 25, 2022)

  • “Discrimination, Harassment, and Retaliation Claims,” West Virginia Employment Law 2022, NBI CLE Webinar (June 14, 2022)

  • “Family and Medical Leave: What You Must Know,” West Virginia Employment Law 2022, NBI CLE Webinar (June 14, 2022)

  • “The FLSA: How Employers Need to Comply,” Employment Law 2021, NBI CLE Webinar (September 15, 2021)

  • “Handling FMLA and ADA-Related Leave,” Employment Law 2021, NBI CLE Webinar (September 15, 2021)

  • “The FLSA,” Advanced Employment Law: What You Need to Know, NBI CLE Webinar (April 20, 2021)

  • “FMLA Complications: Intermittent Leave, Termination and More,” Advanced Employment Law: What You Need to Know, NBI CLE Webinar (April 20, 2021)

  • “Non-Compete, Non-Solicit and Confidentiality Agreements,” Advanced Employment Law: What You Need to Know, NBI CLE Webinar (April 20, 2021)

  • Methods for Inclusion, Balancing Free Speech, and Social Justice in the Workplace,” DRI’s 2020 Employment and Labor Law Virtual Seminar (November 12, 2020)

  • “Wage and Benefit Issues,” Mini Law School for HR Professionals, NBI CLE Webinar (April 23, 2020)

  • “Other Employment Laws You Need to Know,” Mini Law School for HR Professionals, NBI CLE Webinar (April 23, 2020)

  • “Discipline and Discharge: Necessary Documentation,” Mini Law School for HR Professionals, NBI CLE Webinar (April 23, 2020)

  • “FMLA Leave Essentials,” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)

  • “ADA – From Accommodation to Discrimination,” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)

  • “Equal Employment Laws (Title VII, ADEA, GINA, EPA, PDA, and More),” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)

  • “Discrimination, Harassment, and Retaliation Claims,” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)

  • “FLSA Essentials,” Pennsylvania Employment Law, NBI CLE Seminar, Pittsburgh, PA (December 10, 2019)

  • “Medical Marijuana In PA and NJ: The Legal and Practical Issues,” Post & Schell CLE Seminar, Philadelphia, PA (October 14, 2019)

  • “Wage and Benefit Issues,” NBI CLE Seminar, Pittsburgh, PA (April 10 and 15, 2019)

  • “Employment Laws You Need to Know,” NBI CLE Seminar, Pittsburgh, PA (April 10 and 15, 2019)

  • “Discipline and Discharge – Necessary Documentation,” NBI CLE Seminar, Pittsburgh, PA (April 10 and 15, 2019)

  • “Non-Compete, Non-Solicit, and Confidentiality Agreements,” NBI CLE Seminar, Pittsburgh, PA (December 13, 2018)

  • “FMLA Complications: Intermittent Leave, Termination, and More,” NBI CLE Seminar, Pittsburgh, PA (December 12, 2018)

  • “Handling Employee Discrimination and Harassment Claims Under Title VII, the ADA, and the ADEA,” NBI CLE Seminar, Pittsburgh, PA (December 12, 2018)

  • “Sexual Harassment in the #metoo Era,” Erie Chapter of the Pennsylvania Restaurant & Lodging Association (PR&LA), Erie, PA (September 10, 2018)

  • “Current Issues in Human Resources,” NBI CLE Seminar, Pittsburgh, PA (August 15, 2018)

  • “Time’s Up for Sexual Harassment in Hospitality,” Keystone Chapter of the PR&LA, State College, PA (July 26, 2018)

  • “Managing Leaves of Absence under the FMLA,” Pennsylvania Chamber of Commerce and Industry’s Pittsburgh Human Resources Conference, Pittsburgh, Pa (October 5, 2017)

  • Publications: Quoted in, “Hospitals Bracing for Litigation from Infected ED Providers,” ED Legal Letter (June 2020)

  • “The Families First Coronavirus Response Act: What Employers Need to Know,” The Legal Intelligencer (March 30, 2020)

  • “New EEO-1 Pay Data Reporting Requirements: What Employers Need to Know,” The Legal Intelligencer (July 29, 2019)

  • “‘Pay Per Visit’ and the Litigation Risk for Home Health Care Organizations,” AHLA’s Labor & Employment Newsletter, Vol. 14, Issue 1 (June 2015)


Publications