Picture of Robert W. Small

Robert W. Small


For more than three decades, “Bob” Small has guided employers in dealing with commercial legal issues, especially those related to employment matters. He advises business how to avoid the expensive and distracting morass of employment-related litigation with timely and proactive advice that enables employers to avoid courtrooms and focus their assets and energy on business operations.  He both counsels and sits on Boards of Directors thereby gaining a deep appreciation for the breadth of concerns corporate managers regularly face.  Bob has authored innumerable clear and concise Employment Manuals, employment policies and job descriptions that help employees understand their obligations and guide managers to be able to anticipate and deal with thorny and complex employment issues in ways designed to resolve problems rather than accelerate them toward lawsuits. When appropriate Bob conducts employment audits designed to assure compliance with the myriad employment laws and regulations to which employers are subject. He investigates claims of wrongdoing to advise management and Boards how to address them before they get to a courtroom. 

Bob is a leading light in drafting and enforcing contracts designed to protect employers from the misuse and misappropriation of their valuable confidential business information and protecting employers from unlawful competition from former employees.  

When litigation is unavoidable, Bob aggressively represents clients unjustifiably accused of discrimination, victimized by the theft of their trade secrets, or harmed by unfair competition.  He is regularly called on to represent clients in commercial litigation arising from contractual disputes.  A strategist with a well-earned reputation as a litigator unafraid to take the right case to trial, Bob knows how to achieve cost effective and advantageous results for his clients.  His direct, commonsense approach, trial skills and knack for conducting fact and expert examinations in an easy-to-follow way enable him clearly and credibly to convey to judges and juries complex facts and issues at the heart of a case, producing the desired outcome. 

Believing that lawyers have a special obligation to give back to their community, Bob has represented pro bono at-risk children and organizations providing services to children in need.  For many years, Bob served on the governing bodies of non-profit and religious institutions.


J.D., Temple University School of Law

B.A., Lafayette College

Jurisdictions Admitted to Practice Pennsylvania
U.S. Third Circuit Court of Appeals
U.S. District Court, Eastern District of Pennsylvania
U.S. Supreme Court
Professional & Bar Association Memberships

Montgomery County Bar Association, Business & Banking and Trial Lawyers Sections

Society for Human Resource Management, Member

Pennsylvania Bar Association

Publications & Press Mentions
Author, Preventing Sexual Harassment Requires More than a Policy and an HR Department. Reger Rizzo & Darnall Client Alert. (February 2022)
Author, Employee Rights to Time Off to Vote. Reger Rizzo & Darnall Client Alert. (October 16, 2020)
Author, Dealing With COVID-19 and Employees Returning to Work. Reger Rizzo & Darnall Client Alert. (May 8, 2020)
Author, Employees in Essential Businesses Exposed to COVID-19 May Remain at Work, CDC Says. Reger Rizzo & Darnall Client Alert. (April 10, 2020)
Author, Aspects of the CARES Act You Need to Know, in Addition to the Paycheck Protection Program. Reger Rizzo & Darnall Client Alert. (April 6, 2020)
Author, Documenting Families First Coronavirus Response Act Paid Leave. Reger Rizzo & Darnall Client Alert. (April 6, 2020)
Author, In Dealing with Pandemic Issues Businesses Should Not Forget Basic Contract Principles. Reger Rizzo & Darnall Client Alert. (April 3, 2020)
Author, While Dealing With the Pandemic Employers Cannot Forget Basic Employment Law Issues. Reger Rizzo & Darnall Client Alert. (March 31, 2020)
Author, Families First Coronavirus Response Act UpdateReger Rizzo & Darnall Client Alert. (March 26, 2020)
Author, What Rights do Employers Have to Lay Off or Terminate Employees During the COVID-19 Crisis? Reger Rizzo & Darnall Client Alert. (March 24, 2020)
Author, UPDATE: What Employers Need to Know During the COVID-19 PandemicReger Rizzo & Darnall Client Alert. (March 23, 2020)
Author, How the COVID-19 Pandemic Could (and In Some Cases, Already Has) Impacted the Employment ArenaReger Rizzo & Darnall Client Alert. (March 19, 2020)
Author, COVID-19 Federal Legislation UpdateReger Rizzo & Darnall Client Alert. (March 17, 2020)
Author, Tip Sharing and Tip Pooling: Avoiding the Litigation Swamp. The Legal Intelligencer. (October 26, 2019)
Author, Pennsylvania Employers Take Note: Department of Labor Expanding Non-exempt Employees. Reger Rizzo & Darnall Client Alert. (January 2018)
Author, Medical Marijuana in the Workplace: What Is an Employer to Do? Reger Rizzo & Darnall Client Alert. (December 7, 2016)
Author, Human Resources Law From Start to Finish. The National Business Institute. (May 2017)
Author, Payroll News for Pennsylvania Employers and EmployeesReger Rizzo & Darnall Client Alert. (December 7, 2016)
Author, Department of Labor Overtime Rules Enjoined. Reger Rizzo & Darnall Client Alert. (December 1, 2016)
Featured, The Boardroom. The Philadelphia Inquirer. (October 17, 2016)
Featured, People in the News. The Legal Intelligencer. (October 5, 2016)
Author, New Minimum Wage Rule Finally AnnouncedReger Rizzo & Darnall Client Alert. (May 18, 2016)
Author, The Federal Defense of Trade Secrets Act: How it can impact employersReger Rizzo & Darnall Client Alert. (May 3, 2016)
Author, New Bill Could Mean New Jersey Wage NewsReger Rizzo & Darnall Client Alert. (April 1, 2016)
Author, The Intersection of Politics and Employment LawReger Rizzo & Darnall Client Alert. (March 30, 2016)
Author, Employment Law Update: March 2016Reger Rizzo & Darnall Client Alert. (March 4, 2016)
Author, Employment Law Update for Pennsylvania Litigators and New Jersey EmployersReger Rizzo & Darnall Client Alert. (February 25, 2016)
Author, New Year Brings News From the Employment Front. Reger Rizzo & Darnall Client Alert. (January 7, 2016)
Author, Can Employee Defend Employer's Castle Without Fear of Termination? The Legal Intelligencer. (November 11, 2015)
Author, EEOC Answers Some Questions About Wellness Programs. The Legal Intelligencer. (June 30, 2015)
Mentioned, On the Boards. The Philadelphia Inquirer. (February 2, 2015)
Featured, People on the Move. Philadelphia Business Journal. (January 23, 2015)
Author, Golf, the Fair Labor Standards Act and Daylight Savings Time. Reger Rizzo & Darnall Client Alert. (January 2015)
Author, So, What’s the ADA Got to Do With It? Reger Rizzo & Darnall Client Alert. (December 2014)
Author, The Use of Criminal Investigations in the Employment Process. Montgomery County Bar Association's Sidebar Magazine. (Fall 2014)
Author, What Employers Need to Know About the DOMA Ruling. Reger Rizzo & Darnall Client Alert. (October 2013)
Author, Addressing Social Media Issues in the Workplace. The Legal Intelligencer. (May 2013)
Author, BYOD Policies...Scary Liabilities for the Uninformed Employer. Montgomery County Bar Association Sidebar Magazine. (Spring 2013)
Author, “BYOD” – Bring Your Own Device. Reger Rizzo & Darnall Client Alert. (March 2013)
Author, NLRB Ruling Jeopardizes Confidentiality of Internal Investigations. Reger Rizzo & Darnall Client Alert. (October 4, 2012)
What Employers Need To Know About Social Media. Reger Rizzo & Darnall Client Alert. (October 2012)
Author, EEOC Rules That Gender Identity Discrimination Violates Title VII. Reger Rizzo & Darnall Client Alert. (Summer 2012)
Quoted, How to Keep Medical Practice Peace in a Political Season. American Medical News. (June 11, 2012)
Author, EEOC Issues Guidance on Use of Criminal Records in Employment Decisions. Reger Rizzo & Darnall Client Alert. (Spring 2012)
Author, Protecting Confidential Information & Business Relationships. Pennsylvania Bar Institute. (1989)

Speaking Engagements & Presentations
Advanced Employment Law: What You Need to Know. The National Business Institute. (October 19, 2020)
FLSA Essentials: Applying Legal Requirements. The Pennsylvania Bar Institute's 2019 Business Law Institute. (November 21, 2019)
Employment Law: 2019 Comprehensive Guide. The National Business Institute. (October 23, 2019)
Human Resource Law Boot CampThe National Business Institute. (March 6, 2019)
Human Resource Law Boot Camp. The National Business Institute. (November 14, 2018)
Troubleshooting HR Legal Nightmares. The National Business Institute. (December 6, 2017)
Recognizing and Handling FMLA LeavePennsylvania Bar Institute’s 22nd Annual Business Lawyers’ Institute. (November 15, 2017)
Eight Employment Laws You Need to KnowThe National Business Institute. (May 25, 2017)
Employee or Independent Contractor?—The Risks of MisclassificationPennsylvania Bar Institute’s 21st Annual Business Lawyers’ Institute. (November 5, 2016)
Employee or Independent Contractor?—The Risks of MisclassificationThe Pennsylvania Motor Truck Association. (October 20, 2016)
The New Department of Labor's Minimum Wage and Overtime Rules. PrimePay. (October 12, 2016)
Human Resource Law From Start to Finish. The National Business Institute. (April 20, 2016)
Essentials of Effective Workplace Discipline. Pennsylvania Bar Institute’s 21st Annual Business Lawyers’ Institute. (November 5, 2015)
Employee Healthcare Benefits & HR Risk Management. The 2015 Senior Executive Symposium. (October 28, 2015)
Hiring and Firing: HR Strategies to Avoid Legal Mistakes. National Business Institute. (December 4, 2014)
Use of Background Investigations and Social Media in the Employment Setting. Montgomery County Trial Lawyers Association. (March 11, 2014)
Human Resources from A to Z. National Business Institute. (February 12, 2014)
Advanced Employment Issues in Pennsylvania. National Business Institute. (July 22, 2013)
Protecting Employer Confidential Information and Business. Pennsylvania Bar Institute. (1989)

Civic & Charitable Associations

Northern Children’s Services - Chair of the Board of Trustees; Governance and Human Resources Committee Member
Montgomery County Child Advocacy Program
Grace Presbyterian Church (Jenkintown, PA)
Phi Kappa Psi Fraternity
Springside School
Chestnut Hill Academy

Published Decisions
Carter v. City of Philadelphia et al., 181 F3rd. 339 (3rd. Cir. 1999)
Mark v. Borough of Hatboro et al., 51 F3rd. 1137 (3rd. Cir. 1995)