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Dean Falavolito

Principal
Pittsburgh

P 412-338-5152
F 412-232-3441
Dean.Falavolito@jacksonlewis.com

Biography

Dean Falavolito is a Principal in the Pittsburgh, Pennsylvania, office of Jackson Lewis P.C.

Mr. Falavolito has over a decade of experience representing employers in litigation matters. In both 2015 and 2016, he first-chaired jury trials to a defense verdict for his clients. More information and details on a selection of favorable outcomes Mr. Falavolito has achieved on behalf of his clients can be found in the Selected Trail Experience section below.

Mr. Falavolito’ s experience runs the gamut of employment litigation, having represented clients in claims and lawsuits involving age, gender, race, religious and disability discrimination, as well as retaliation under applicable federal and state law. He also represents employers in claims and lawsuits under the FMLA. Additionally, Mr. Falavolito counsels and represents employers regarding employment contracts and non-compete agreements.   Furthermore, Mr. Falavolito counsels and represents employers regarding issues of wage and hour compliance and litigation, including representing employers in class actions lawsuits for failure to pay overtime and other violations of federal and state wage statutes.

In addition to his litigation practice, Mr. Falavolito seeks to help his clients avoid the courtroom, by advising on employment policies, handbooks, terminations, and other day-to-day employment matters that every employers must address.

In conjunction with his litigation experience, Mr. Falavolito has extensive experienced defending claims that involve Employment Practices Liability Insurance (EPLI) where he is designated panel counsel for a number of insurance carriers.

Selected Trial Experience

  • Johnson v. NEED (U.S. District Court, Western District of Pennsylvania). In this religious discrimination claim, alleging failure to accommodate religious beliefs and retaliation against a Pittsburgh area non-profit, Mr. Falavolito was first-chair for the Defendant. After a week-long trial, the jury returned a verdict in favor of the employer.
  • Baughman v. Cheung Enterprises (U.S. District Court, Middle District of Pennsylvania).  This was a disability and age discrimination case against a McDonald’s franchise.   Mr. Falavolito won summary judgment on the disability discrimination claim and first-chaired a three day trial where the jury returned a verdict for the employer on the age discrimination claim.
  • Schmidt v. Pennsylvania Turnpike Commission (U.S. District Court, Western District of Pennsylvania). This disability discrimination case focused on an employer’s obligations when an employee is in drug and alcohol rehabilitation.  Mr. Falavolito won full summary judgment for the Turnpike Commission, with the Judge ruling that the employer met its obligations under the ADA and was not otherwise prevented from terminating the Plaintiff for failure to follow work procedures.
  • Cline v. GAI Consultants, Inc. (U.S. District Court, Western District of Pennsylvania). In this disability and age discrimination case, Mr. Falavolito achieved summary judgment on the disability discrimination claim and was able to resolve the age discrimination case the day before jury selection for a fraction of the original amount in dispute.
  • National Labor Relations Board v. MCPc, Inc.  (Third Circuit Court of Appeals). In this Unfair Labor Practice Charge filed by the NLRB, Mr. Falavolito successfully argued to the Third Circuit Court of Appeals that the Administrative Law Judge’s decision against the employer was not based on the correct legal standard and against the weight of evidence.  In a precedential decision, the Court of Appeals agreed, and reversed and remanded the ALJ’s decision to apply the correct legal and evidentiary standard.

Honors and Recognitions

  • ALM, “Top Rated Lawyer, Labor and Employment” (2016)
Martindale-Hubbell

Professional Associations and Activities

  • Allegheny County Bar Association
  • Defense Research Institute
  • Pittsburgh Human Resources Association
  • Professional Liability Underwriters Society

Published Works

  • “The DOL’s New Overtime Rules:  A Blessing in Disguise?” The Voice, Defense Research Institute, Vol. 15, Issue 23 [Author]

Speeches and Presentations

  • "Transitioning Workplace: The Extent to Which Title VII, the EEOC and State Law Extends to and Protects LGBTQ Employees," 12th National Employment Practice Liability Insurance ExecuSummit (Uncasville, CT, September 2016) (panelist)
  • “Pregnancy Discrimination: EEOC, Title VII, PDA, and/or ADAAA. What is the state of the law in 2015?,” 10th National Employment Practice Liability Insurance ExecuSummit (Uncasville, CT, October 2015) (panelist)
  • “The Bermuda Triangle of the ADA, FMLA, and Workers Compensation in the EPLI Realm: Understanding the Complexities, Creating Solutions, and Reducing Claims,” ACI 23rd National Conference on Employment Practices Liability Insurance (New York, NY,  July 2014) (panelist)
  • "EPL Risk Management: Best Practices from Cradle to Claim," 9th National Employment Practice Liability Insurance ExecuSummit (Uncasville, CT, April 2014)
  • "The PPACA/Obamacare: What Employers Need to Know," Fundamentals of Employment Law Seminar, Morgantown, WV, April 2014) (presenter)
  • "Employment Law and Sexual Orientation: Where Are We Now?," Allegheny County Bar Association - Lunch-and-Learn CLE (Pittsburgh, PA, April 2014) (panelist)

 


See AllDean Falavolito in the News

August 9, 2016
Jackson Lewis

Jackson Lewis Adds Depth in Pittsburgh With Addition of Dean Falavolito

August 9, 2016

PITTSBURGH, PA (August 9, 2016) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Dean Falavolito has joined the firm’s Pittsburgh office as a Principal.  Mr. Falavolito joins Jackson Lewis from Margolis Edelstein, where he was a Partner. “Dean’s courtroom... Read More

See AllBlog Posts by Dean Falavolito

Jackson Lewis Attorneys Falavolito and Rodriguez Win Defense Verdict in Religious Discrimination Case
November 8, 2016

Jackson Lewis Principal Dean Falavolito and Associate Joanna Rodriguez recently won a defense verdict for a Pittsburgh non-profit organization in a lawsuit claiming religious discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act.    The client was insured by Employment Practices Read More