Ms. Herzing’s practice focuses on a variety of labor & employment matters, including litigation. She works with both private and public employers, counseling and representing clients on compliance with workplace laws, hiring and firing issues, collective bargaining, and defense of discrimination, wage and hour, and other employment-related claims. Ms. Herzing also advises public and private educational institutions on Title IX matters, including investigations and responding to complaints.

Recent Accomplishments

  • Successfully argued on behalf of a school district against a labor union's appeal to the Commonwealth Court. On appeal, the underlying trial court decision was affirmed, granting the school district's petition to vacate a labor arbitration award
  • Received a successful award in a three-day grievance arbitration for Erie's Public Schools involving the performance-based dismissal of a tenured teacher
  • Involved in the defense of lawsuits filed in state and federal courts, as well as charges filed with the EEOC and PHRC, including claims for wrongful discharge and race, age, sex, and disability discrimination
  • Prepared and updated executive employment agreements, non-competition agreements and employment policies, including drug and alcohol testing, smoking, CDL and FMLA policies for a variety of employers
  • Counseled employers on compliance with federal employment laws, such as the FMLA (family medical leave), FLSA (wage and hour), USERRA (military leave and reemployment) and ADA (disability)
  • Assisted clients in preparing for and responding to NLRB organizing drives and union elections
  • Trained employees on technology and social media use

Honors

Speaking Engagements & Publications

  • Midwestern IU 4 Superintendent Advisory Council Presentation, October 2018
  • HRMA of NWPA Monthly Meeting, October 2018: Local Law Update: Ban the Box and Beyond
  • Firm's Workplace Law Forum, 2013, 2015, 2017 and 2018
  • Keystone Shortway PA Association of School Business Officials (PASBO) Meeting, August 2018
  • Firm's Municipal Law Symposium, April 2018: Legal Tips Panel
  • Women in Leadership Development (WILD) Conference, #metoo Panel, April 2018
  • HRMA of NWPA Monthly Meeting, October 2017: UC Hearings From Both Sides of the Table
  • Manufacturer & Business Association HR Conference, October 2017
  • Title IX Investigations: Weighing the Evidence and Fashioning an Appropriate Remedy, September 2017
  • NWIRC Manufacturers Growth Conference, St. Marys, May 2017: Trump Change
  • HVA Senior Living Alliance Long-Term Care Seminar, May 2017: The Trump Administration: What Can Employers Expect?
  • Firm's Municipal Law Symposium, April 2017: Reporting Employee Misconduct in the Post-Sandusky Era
  • PBA Civil Litigation Section Trial Minicamp Panelist, March 2017
  • HVA Senior Living Alliance Positive Workplace Seminar, October 2016: Fostering Positive Employee Relations
  • HVA Senior Living Alliance Long-Term Care Seminar, May 2016: What Does the Peake Decision Mean for Long-Term Care Employers?
  • Firm's Municipal Law Symposium, April 2016: Panelist for 30 Legal Topics in 40 Minutes
  • Human Resource Management Association of Northwest Pennsylvania Monthly Meeting, January 2016: Employer Clearances - Amendments to PA Child Protective Services Law
  • Firm's Child Abuse Reporting and Clearances Update Lunch & Learn, October 2015
  • Presque Isle Rotary Club, June 2015: Impact of Pennsylvania Act 153 on Volunteer Organizations
  • HVA Senior Living Alliance Long-Term Care Seminar, May 2015: Act 31 of 2014 and Related Amendments: How Updates to Pennsylvania's Child Protective Services Law Impact Long-Term Care
  • Northwest Commission Event, September 2014: Application of Labor Laws to Government Acquisition
  • HVA Senior Living Alliance Long-Term Care Seminar, May 2014: Preventing New Employees from Becoming New Litigation
  • Firm's Municipal Law Symposium, April 2014: Preventing New Employees from Becoming New Litigation
  • Firm's Next Generation Happy Hour Series, 2014
  • Firm's Municipal Law Symposium, April 2013: Act 82 of 2012: New PA School Code Requirements for Employing Superintendents
  • Firm's Claims and Workers' Compensation Seminar, Restrictive Covenants, 2012
  • North East Women’s Roundtable Meeting, People Problems: Do’s and Don’ts of Managing Employees
  • HVA Senior Living Alliance Long-Term Care Seminar, Criminal Records and Employment in Long-Term Care, 2012
  • Firm's Municipal Law Symposium, Handling Unemployment Compensation Claims and Recent Developments, 2012
  • Firm's Claims and Workers' Compensation Seminar, Minimizing Exposure to and Effectively Defending Employment-Related Claims, 2011
  • HVA Senior Living Alliance Long-Term Care Seminar, What You Need to Know About the FMLA Amendments: Updating and Enforcing Your FMLA Policy, 2011
  • HVA Senior Living Alliance Long-Term Care Seminar, The ADA: Employers’ Obligations to Accommodate Injured Employees, 2010
  • Firm's Municipal Law Symposium, Social Networking & The Workplace: Do's and Don'ts for an Effective Social Media Policy, 2011
  • Webinar for Nonprofit Entities - Safely & Effectively Restructuring the Nonprofit Workforce
  • Legal Hot Topics for the HR Professional Seminar, Significant Amendments to the FMLA Regulations
  • NLRB Votes on Controversial Quickie Election Rule
  • Recent NLRB Activity Puts Focus on Employers’ Social Media Policies
  • Amendments to Pennsylvania’s Unemployment Compensation Law
  • Smartphone Application to Allow Employees to Track Hours Worked
  • EEOC Announces New ADA Regulations
  • U.S. Supreme Court Okays Cat’s Paw Theory of Liability
  • NLRB Proposed Rule to Impose New Posting Requirements on Employers

Community & Professional Service

  • ExpERIEnce Children's Museum, Board of Directors
  • Our Lady of Peace School, Advisory Council Member 

Firm Involvement

  • Shareholder

Practice Areas

Education

  • Duquesne University School of Law, J.D.; cum laude; Law Review, Executive Comment Editor; Student Bar Association Treasurer; CALI Certificate in Conflict of Laws
  • Pennsylvania State University, B.A.; With High Distinction

Admissions & Certifications

  • Pennsylvania
  • U.S. District Court, Western District of Pennsylvania
  • U.S. Court of Appeals for the Third Circuit

Professional Affiliations

  • Erie County Bar Association, Municipal Law Section, Chair
  • Pennsylvania Bar Association, Civil Litigation Section Council Member

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