Richard L. HackmanRick is a member of the firm’s Employment Law Group, where he represents management and employers in all aspects of labor and employment law, including traditional labor law issues, compliance with the multitude of employment-related regulations, and workers’ compensation and unemployment compensation defense concerns.
In his primary focus as an employment counselor, Rick devotes his time to insulating employers from liability through preventative measures. He frequently counsels clients with respect to their obligations under federal, state and local employment laws, including the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Pennsylvania Human Relations Act (PHRA). Rick’s role as counselor includes advising clients on the practical and legal consequences involved in employee terminations and reductions in force; specifically, implications under the various discrimination laws and potential liability under the Worker Adjustment and Retraining Notification Act (WARN).
As a counselor to his clients, Rick spends a significant amount of time reviewing and revising all manner of employment policies such as employee handbooks, employment, severance and non-competition agreements, and FMLA policies. In addition, Rick advises clients regarding the many facets of the employment relationship including issues of discipline associated with drug testing, absenteeism, tardiness, and unsatisfactory job performance, and the importance of employer documentation and consistency with respect to these situations.
As an employment litigator, Rick routinely represents management in employment litigation before federal and state courts and administrative agencies, including the Department of Labor (DOL), the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human Relations Commission (PHRC). He represents companies of all size and type, including, but not limited to, health care institutions and long term care facilities, multi-state manufacturing concerns, nationwide retailers and small family-owned businesses. Rick’s work on behalf of these entities includes defense of charges of discrimination from agencies throughout the country and representation of employers and welfare plans in ERISA litigation. Rick also spends a significant portion of time defending companies and employers in class and collective action lawsuits brought under the FLSA and Pennsylvania law.
In addition, Rick also represents large self-insured employers, insurance carriers and third-party administrators with respect to workers’ compensation matters. When advising clients before and during the workers’ compensation litigation process, Rick utilizes a full-service risk management approach, including a close review of the interplay between the ADA, the FMLA and workers’ compensation issues to ensure that his clients’ overall legal liability is minimized.
A frequent speaker, Rick has recently lectured on a variety of employment law related topics including the revisions to the ADA and the FMLA and the impending Employee Free Choice Act. Rick also frequently provides training to employers, including business owners, business groups, human resources professionals, managers and supervisors on best practices in such areas as: Title VII and PHRA compliance; responding to a charge of discrimination; conducting harassment investigations; compliance with the FLSA and Pennsylvania wage and hour laws; “legal landmines” with respect to employee discharge issues; maintaining non-union status; navigating the interplay between the ADA, the FMLA and workers’ compensation; and a variety of other topics.
- American University, Washington College of Law, J.D., cum laude
- University of Dallas, B.A., cum laude
- Volunteers of America, Board Member
- United Way of York, Cabinet
- Family First Health Board Member and HR Committee
- Adams Hanover Counseling Services, HR Committee
- Black Knight Mat Club, Secretary
- District of Columbia
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the District of Maryland
- U.S. Court of Appeals for the 4th Circuit
- Pennsylvania Bar Association
- Maryland State Bar Association
- Lancaster Bar Association
- York Bar Association
Recent Speaking Engagements
Harassment Training and Investigations - April 2012
Terminations, Layoffs and Counselings - March 2012
NLRB and Social Media Issues - February 2012
Wage and Hour 101 - November 2011
The Dangers of Misclassification - Independent Contractors v. Employees - May 2011