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Marla N. Presley

Principal and Office Litigation Manager
Pittsburgh

P 412-338-5148
F 412-232-3441
Marla.Presley@jacksonlewis.com

Biography

Marla N. Presley is a Principal and Litigation Manager for the Pittsburgh office Jackson Lewis P.C.  Her practice focuses exclusively on the representation of employers in wage and hour disputes, class and collective actions, and claims of discrimination under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act and various state tort theories. She also appears regularly before administrative judges and agencies.

Ms. Presley has successfully tried cases before juries and judges in state and federal courts and has prevailed in appeals before the Third Circuit Court of Appeals, the West Virginia Supreme Court, and numerous appellate courts in Pennsylvania.

Ms. Presley also provides ongoing legal support and counsel on a daily basis for a multitude of clients, including those in the retail, restaurant and service industries. This includes reviewing and revising employee policies, reviewing and counseling management on termination decisions, and performing complex human resource and wage audits. In addition, she is experienced in drafting various employment agreements including non-competes. Ms. Presley routinely provides training to managers and supervisors in all areas of employment law, including supervisory training, sexual harassment prevention, investigation and disciplinary procedures, and leave management.  

A significant portion of Ms. Presley’s practice is dedicated to the representation of institutions of higher education. In this role, she regularly provides advice and counsel on Title IX and Clery Act issues, student and faculty claims, constitutional and state statutory issues, and wage and hour matters. Ms. Presley frequently conducts third-party investigations and advises universities on Title IX compliance. She has developed Title IX/Sexual Violence policies and standard operating procedures and provides training to Responsible Persons, Investigators, and Hearing Panels.  

During law school, Ms. Presley was the recipient of the Lynette Norton Award for excellence in trial advocacy.

Honors and Recognitions

  • Allegheny County Bar Association, Outstanding Young Lawyer of the Year Award (2012)
  • Allegheny County Bar Foundation, Young Lawyer Fellow
  • The Legal Intelligencer, Lawyer on the Fast Track (2015)
  • Pennsylvania Bar Association, Young Fellow
Marla N. Presley
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Professional Associations and Activities

  • Allegheny County Bar Association
  • American Bar Association
  • Ohio State Bar Association
  • Pennsylvania Bar Association

Pro Bono and Community Involvement

  • Children’s Hospital of UPMC – Children’s Trust member
  • Wills for Heroes volunteer
  • Founder of Project MVP honoring military 

See AllMarla N. Presley in the News

April 2, 2019
Jackson Lewis

Jackson Lewis Announces D&I Advancements

April 2, 2019

NEW YORK, NY (April 2, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, continues to make significant strides towards advancing the firm’s commitment to inclusivity, including appointing the firm’s first-ever Director of Diversity & Inclusion, Jana Simon, renaming the firm’s law school scholarship... Read More

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November 25, 2019

Fluctuating Workweek Pay Method Not Available in Pennsylvania, State Supreme Court Holds

November 25, 2019

In a long-awaited decision, the Pennsylvania Supreme Court has concluded that the fluctuating workweek (FWW) pay method is not a proper method of overtime pay calculation under the Pennsylvania Minimum Wage Act (PMWA). Chevalier v. General Nutrition Centers, Inc., 2019 Pa. LEXIS 6521 (Nov. 20, 2019). As a result, the Court affirmed the... Read More

November 17, 2018

Department of Education Unveils Proposed Title IX Regulations

November 17, 2018

The Department of Education (DOE) released proposed Title IX regulations dictating the process by which colleges and universities must handle allegations of sexual misconduct on November 16, 2018. Institutions of higher education have been in limbo since September 2017, when the DOE rescinded Obama-era guidance that called for hard-... Read More

October 2, 2017

West Virginia Court Unblocks Right to Work Law

October 2, 2017

West Virginia’s right to work law will be enforceable beginning October 15, 2017. The West Virginia Supreme Court of Appeals, the state’s highest court, has dismissed a lower court’s preliminary injunction blocking implementation of the legislation. Morrisey v. West Virginia AFL-CIO, et al., No. 17-0187 (Sept. 15, 2017). The law... Read More

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See AllBlog Posts by Marla N. Presley

Criticizing Lower Court, Third Circuit Reverses Class Certification in Suit Alleging Pay Violations
January 4, 2019

A three-judge panel of the Third Circuit has struck down U.S. District Judge Arthur J. Schwab’s decision granting class certification in a suit brought by mortgage loan officers claiming they were denied overtime pay by their employer. Reinig v. RBS Citizens, NA, No. 17-3464 (3d Cir. Dec. 31, 2018). Read More

Rule 23 Amendments Awaiting Congressional Review
July 16, 2018

The final amendments to the Federal Civil Rules of Procedure, including amendments to Rule 23 class actions, are waiting for approval from Congress. The primary changes to Rule 23 affect the class action notice and settlement processes. Read More

Pennsylvania Governor Seeks to Expand Overtime Pay to Currently Exempt Employees
January 22, 2018

Frustrated by years of unsuccessful efforts to raise the minimum wage through the state’s Republican-controlled legislature, and in response to the recent federal court invalidation of the Obama-era DOL’s rule that would have doubled the minimum salary requirement for the executive, administrative and professional exemptions (i.e. Read More