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When employers have day-to-day legal compliance questions about their employees, need help defending an employment lawsuit, or need support dealing with union matters, Mario Bordogna uses his years of experience in labor and employment law to provide them with the necessary tools and responses.

As an attorney, counselor, and advocate who takes pride in partnering with employers in Pennsylvania, West Virginia, and nationwide, he works with clients on the front end to keep them in legal compliance with labor and employment laws. He also and assists clients when they need a strong and experienced litigation advocate.

For nearly 25 years, Mario has represented employers in sectors like healthcare, energy, manufacturing, education, and others, understanding their business, helping them achieve their goals to legally manage their workforce, and adding value to clients by mixing technical acumen and practical application to find the right solution to their employment problems. His clients benefit from his keen experience with HR and employment counseling (hiring, firing, leave issues, employment handbooks, accommodations, policy development), employment litigation (discrimination, wrongful discharge, retaliation, sexual harassment, FMLA, wage and hour), labor-management relations (collective bargaining, grievances, union avoidance, arbitration), and trade secret/non-competition issues.

Mario’s keen experience litigating employment matters, specifically, is something his clients have come to trust over the years. He has appeared regularly in both state and federal courts defending individual and class wage and hour actions, wrongful termination and discharge cases, retaliation and sexual harassment claims, non-solicitation and trade secret suits, and much more. His representative litigation experience includes–just by way of example–serving as the lead employment litigator for an international fortune 500 company, defending multi-million dollar sexual harassment suits, and litigating matters involving wrongful discharge in the U.S. Court of Appeals for the Fourth Circuit.

In addition to helping clients with legal compliance involving their workplace and employees, Mario is an excellent resource for employers who need assistance with other more practical–but still critical–aspects of their business, such as conducting internal investigations and providing employment training programs to employees and managers. Mario’s knowledge and experience has led him to be repeatedly sought after by corporate, in-house, insurance, and other clients to perform these tasks, and he is often requested to speak in front of national, regional, and local audiences on a wide range of employment and HR topics.

Education

J.D., Dickinson School of Law, Penn State University, Carlisle, Pennsylvania
B.A., Allegheny College, Meadville, Pennsylvania

Recognitions

Certified Mediator (Basic Mediation Training; Advanced Mediation Training), West Virginia, 2021

2009, 2011, 2013: Super Lawyers – Selected for inclusion in Pennsylvania Rising Stars list.

2022: Best Lawyers in America- Employment Law – Management; Litigation – Labor and Employment

Dickinson School of Law, Dickinson Law Review, Editorial Board, Notes Editor, 1996

Memberships

Defense Trial Counsel of West Virginia

Chair, HR Committee, West Virginia Manufacturers Association (2010-2020)

Board Member, Pittsburgh Human Resource Association

Leadership West Virginia, 2011

Coach, West Virginia University College of Law ABA L&E Section Student Trial Advocacy

State Bar Licenses

West Virginia, Pennsylvania

Presentations

  • “COVID in the Workplace from A to Z: The Panel Discussion You Don’t Want to Miss,” (Moderated), Pittsburgh Human Resources Association Employment Law Day (2021)
  • “What You Need to Know and do About the 5 Ways 2020/COVID Permanently Changed Legal Risks for HR,” Pittsburgh Human Resources Association Annual Conference (2021)
  • “How 2020 Changed Employment Law and What’s to Come for HR in 2021,” Pittsburgh Human Resources Association HR Academy (2020)
  • “Dateline 2020: OT, The Regular Rate, and More: Are Your Wage And Hour Practices Compliant?,” Pittsburgh Human Resources Association Employment Law Day (2019)
  • “Mastering Employee Performance Management: The Process, the Meeting, The Legal Dangers, and More,” PA SHRM State Conference (2019)
  • “Telling the Story of Your Case: Persuasive Opening Statements and Closing Arguments,” Defense Research Institute (DRY). Young Lawyers’ Annual Conference (2019).
  • “Everything HR Needs to Know about Internal Investigations,” North Central SHRM Chapter (2019).
  • “Avoiding Your Biggest Pre- and Post-Termination Legal Risks,” Pittsburgh Human Resources Association Employment Law Day (2018).
  • “Employee Use of Social Media in and Out of the Workplace,” Clark Hill Labor and Employment Conference (2018).
  • “Fee Shifting in Employment Cases,” Presentation to National Insurance Client (2018, 2019).
  • “Avoiding Your Biggest Pre- and Post-Termination Legal Risks,” BLRX HR Comply Conference (2018).
  • “Employment Practices Liability Training,” Presentation to management/supervisors of International Mining Client (2018).
  • “Legal and Practical Guidance for Managers on Workplace Harassment and Discrimination,” Presentation to management/supervisors of International Mining Client (2018).
  • “Counseling, Discipline, and Documentation,” Presentation to supervisors of International Mining Client (2018).
  • “Avoiding your Biggest Pre- and Post-Termination Legal Risks,” PA SHRM State Conference (2018).
  • “Top 10 ADA/Reasonable Accommodation Mistakes and How to Avoid Them,” Presentation to National Insurance Client (2018).
  • “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 WHY, and the Courts,”
    BLRX 21st Annual Advanced Employment Issues Symposium (2016).
  • “Closing Panel: Employment Law Wrap-Up,” BLRX 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,” — BLRX 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 ADANA,” 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,” BLRX 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 ADANA,” — 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?” BLRX 19th Annual
    Advanced Employment Issues Symposium (2014).
  • “BYOD Challenges When Employees Bring Their Own Devices to Work,” — BLRX 18th Annual Advanced
    Employment Issues Symposium (2013).
  • “Employee Handbooks: Defining Your Legal Relationships with Employees,” BLRX 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).