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Mario R. Bordogna

Senior Counsel
Offices

Morgantown

1290 Suncrest Towne Centre
Morgantown, WV 26505

Pittsburgh

One Oxford Centre
301 Grant St, 14th Floor
Pittsburgh, PA 15219
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Fax: 304.907.2130
Fax: 412.394.2555
Education
J.D., Dickinson School of Law, Penn State University, Carlisle, Pennsylvania
B.A., Allegheny College, Meadville, Pennsylvania
State Bar Licenses
West Virginia
Pennsylvania
Best lawyers badge 2018

Mario R. Bordogna

Senior Counsel

Have a leave question or want help with a separation?  Need an employment handbook or training program put together?  Recently learn that a Complaint will draw you into state or federal Court or in front of an agency, or have to deal with a union grievance or collective bargaining?  Mario Bordogna, Senior Counsel in Clark Hill’s Labor and Employment Practice Group, can help.  As an attorney, counselor and advocate who takes pride in partnering with employers in Pennsylvania, West Virginia and elsewhere, he works with clients on the front end to keep them in legal compliance with labor and employment laws, but also is there to assist them on the back end if things happen to go wrong and they need a strong and experienced litigation advocate. 

For two decades, Mario has represented employers in sectors like health care, energy, hospitality, manufacturing, education and others, understanding their business and helping them achieve their goals to legally and more efficiently manage their workforce.  He adds value to his clients by being a dependable attorney they can count on for assistance when almost any employment issue arises, including in the areas of HR and employment counseling (hiring, firing, leave issues, employment handbooks and policy development);  labor–management relations (collective bargaining, grievances, union avoidance, arbitration); employment litigation (discrimination, wrongful discharge, sexual harassment, wage and hour); Pennsylvania workers’ compensation, and general employment and civil litigation.  

Mario’s wealth of skill and experience in the labor and employment arena has been regularly recognized by his clients and within the legal community.  He has been selected as a Super Lawyer three times, and was selected as a Best Lawyer in America in both 2016 and 2017.  He is a Board Member of the Pittsburgh Human Resources Association, a member of the Leadership West Virginia class of 2011, and the chairs the West Virginia Manufacturers' Association's HR Committee. He also has been repeatedly sought after as a speaker over the years by corporate, in-house, insurance, and HR clients, and is often requested to present to local, regional, and national audiences on a wide range of employment and HR topics.  A sampling of his many speaking engagements are listed below.  

  • “Everything HR Needs to Know About Conducting Internal Investigations” – Clark Hill Webinar (2017)
  • “Avoid the Applicant Ambush: Mastering the Legalities of the Pre-Hire Process” – Pittsburgh Human Resources Association Employment Law Day (2017)
  • “Red Pencil/Blue Pencil Rulings: Evaluating Restrictiveness in Employment Agreements Designed to Protect Trade Secrets and Guard Against Unfair Competition” – 22nd Annual Advanced Employment Issues Symposium (2017)
  • “Closing Panel: Employment Law Wrap Up” – 22nd Annual Advanced Employment Issues Symposium (2017)
  • “Uberization of the Workplace: How the Service Economy is Changing the Way HR Manages Employer/Employee Relationships” – Clark Hill Annual Employment Conference (2017)
  • “NLRB Developments Under the Nascent Trump Administration” – Clark Hill Annual Employment Law Conference (2017)
  • “Everything HR Needs to Know About Conducting Internal Investigations” – Pittsburgh Human Resources Association Annual Conference and Exposition (2017)
  • “Uberization of the Workplace: How the Service Economy is Changing the Way HR Manages Employer/Employee Relationships” – PA SHRM State Conference (2017)
  • “Uberization of the Workplace: How the Service Economy is Changing the Way HR Manages Employer/Employee Relationships” – Society of Human Resource Management (SHRM) Annual Conference & Exposition (2017)
  • “Top 10 ADA/Reasonable Accommodation Mistakes And How To Avoid Them” – PA SHRM State Conference (2016)
  • “Everything HR Needs to Know About Conducting Internal Investigations” – PA SHRM State Conference (2016)
  • “Expanded Definition of ‘Joint Employer’: Recent Interpretations by the NLRB, the WHD, and the Courts” – BLR 21st Annual Advanced Employment Issues Symposium (2016)
  • “Closing Panel: Employment Law Wrap-Up” – BLR 21st Annual Advanced Employment Issues Symposium (2016)
  • “FLSA Pay Structure and Duties Tests” – Pittsburgh Human Resources Association Breakfast Series (2016)
  • “Uberization of the Workplace: How the Service Economy is Changing the Way HR Must Manage Employer/Employee Relationships” – Pittsburgh Human Resources Association Annual Conference (2016)
  • “Top 10 ADA/Reasonable Accommodation Mistakes and How to Avoid Them” – Clark Hill Annual Employment Conference (2016)
  • “Wage and Hour: A Primer on FLSA Compliance” – Clark Hill Annual Employment Conference (2016)
  • “Recruiting and Hiring Traps for the Unwary: Compliance Essentials for Today’s Workplace” -- BLR 20th Annual Advanced Employment Issues Symposium (2015)
  • “Ensuring Your Workplace Wellness Program Doesn’t Make You Sick Over Litigation” -- PA SHRM State Conference (2015)
  • “Accommodating HR Through the World of the ADA and ADAAA” – Pittsburgh Human Resources Association Annual Conference (2015)
  • “Mastering the Legalities of the Pre-Hire Process” – Pittsburgh Human Resources Association Breakfast Series (2015)
  • “Opening Keynote: Employment Law Outlook” – BLR 20th Annual Advanced Employment Issues Symposium (2015)
  • “Selective Human Resource Issues” -- Leadership West Virginia (2013-2015)
  • “Supervisor Training: Sexual Harassment, ADA, and Social Media” – Presentation to managers of large manufacturing client (2015)
  • “West Virginia Law Primer” – West Virginia Chamber of Commerce, Resource U for Small Business Series (2015)
  • “Public Employee Supervisor Training: Sexual Harassment and Social Media” – Presentation to state and local police department clients (2014)
  • “Accommodating HR Through the World of the ADA and ADAAA” -- PA SHRM State Conference (2014)
  • “Developments In Federal/State Employment Law Compliance: How to Avoid Common Mistakes” – North Central PA SHRM Chapter (2014)
  • “Social Media in Hiring and Firing: What You Say Can’t be Used Against You – Or Can It?” – BLR 19th Annual Advanced Employment Issues Symposium (2014)
  • “BYOD Challenges When Employees Bring Their Own Devices To Work” -- BLR 18th Annual Advanced Employment Issues Symposium (2013)
  • “Employee Handbooks: Defining Your Legal Relationships with Employees” – BLR Webinar (2013)
  •  “The Legal Implications of Social Media in the Workplace” -- West Virginia Defense Trial Counsel Annual Meeting (2013)
  • “Everything Counts in Large Amounts: Mastering the Legality of Social Media in the Workplace” -- PA SHRM State Conference (2012-2013)
  • “Multiple Representation Agreements” – Presentation to large insurer client (2013)
  • “Supervisor Training: How to Conduct Effective Employee Evaluations” – Presentation to managers of large energy client (2012)
  • “Application for a Workplace Lawsuit: How to Master the Legalities of the Pre-Employment/Hiring Process” -- PA SHRM State Conference (2011)
  • “Do’s and Don’ts in Hiring and Firing” – Presentation to local government client (2010)
  • “A Public Employers Guide to Human Resources and Personnel Management” – West Virginia University Public Employer Conference (2009, 2010)
  • “Interviewing and Hiring Techniques” – West Virginia Hospital Association (2009) 

The myriad of constantly changing labor and employment laws and regulations out there can be a dangerous legal minefield for employers, and personnel issues involving an employer’s human capital – their employees – often require deft savvy to navigate.  When you have to depend on someone to guide your business through an employee question, a piece of employment litigation, or anything else related to the workplace, Mario is a great choice for you. 

Awards/Achievements
The Best Lawyers in America 2016
Super Lawyers Rising Star 2009, 2011, 2013
Memberships
American Bar Association, Labor & Employment Section
Defense Trial Counsel of West Virginia
Chair, HR Committee, West Virginia Manufacturers Association
Board Member, Pittsburgh Human Resource Association
Leadership West Virginia, 2011
Coach, West Virginia University College of Law ABA L&E Section Student Trial Advocacy
Dickinson School of Law, Dickinson Law Review, Editorial Board, Notes Editor, 1996
Experiences

Defended hospital before West Virginia Supreme Court of Appeals on issues of first impression related to both federal and state discrimination claims.

Litigated multi-million dollar discrimination lawsuits involving known government contractor

Member of team assisting with employment litigation for significant public university

Represented major hotel before the West Virginia Supreme Court of Appeals and the United States Court of Appeals for the Fourth Circuit on issues relating to wrongful discharge and federal labor relations

Litigated issues of first impression for national franchisor on aiding/abetting and agency theories in sexual harassment case

Sought injunctive relief for international manufacturing company to abate union strike activity