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Our Team Robert W. Small

Robert W. Small is a Partner in the Firm’s Philadelphia, Pennsylvania office and Chair of the Employment Practice Group. Bob brings to clients more than three decades of real-world experience with the problems employers and employees face every day. His deep understanding of his business clients’ operations, processes, and goals, as well as the dynamics of interpersonal relationships, enables him to respond promptly to thorny situations with practical guidance.

As counsellor, Bob strives to keep his clients out of the costly and unproductive morass of litigation by guiding employers to navigate the complex world of employment law created by the myriad of federal, state, and local laws and ordinances that govern the workplace, including issues of:

  • worker status as an employee or independent contractor
  • discrimination and harassment
  • wage and hour compliance
  • pregnancy, medical, and family leave rights and obligations
  • how to lawfully hire, discipline, and discharge workers

Bob’s counselling includes drafting and revising Employee Handbooks, periodic training of managers on how to avoid employment issues and how to deal with those that are unavoidable, drafting Employment Agreements with enforceable provisions that protect an employer’s confidential information and prevent unfair competition by former employees, and timely alerting clients to significant changes in the laws that impact their business. Bob is acutely mindful of the dynamics of working relationships between employees and their managers and that maintaining those relationships is critical to the success of any business, and advocates with that in mind.

As a lawyer, when litigation is unavoidable, Bob’s wealth of courtroom experience makes him sought out by clients for his ability to distill seemingly complex matters to their essence and present his client’s case to judges and juries in a clear and forceful manner. He is particularly skilled at examining lay and expert witnesses. Bob represents employers and employees nationwide in:

  • enforcing and challenging the enforcement of non-compete and other restrictive covenants,
  • claims of wrongful termination, discrimination, and harassment
  • wage and hour claims
  • breach of contract
  • conducting employment audits and investigations
  • and other types of commercial claims

Bob believes that by representing both employers and employees he maintains a level of objectivity that enables him to candidly advise both when it is appropriate to take a matter to trial and when it is better to accept a fair compromise and settle a lawsuit.

When not working, Bob enjoys golf, woodworking, and watching classic movies.

New York Expected to Prohibit Non-Compete Agreements

Our Employer clients who have New York employees or independent contractors need to be aware that New York has enacted a new Bill that will render unenforceable non-compete agreements entered into after the effective…
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Pregnant Workers Fairness Act

In six (6) days the federal Pregnant Workers Fairness Act will become effective which will create new obligations (and new liability) for Employers with 15 or more employees. Pregnancy itself is not…
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Fair Credit Reporting Act and Employee Background Checks

A recent case out of the 9th Circuit under the Fair Credit Reporting Act (“FCRA”) makes it appropriate for Employers to carefully examine their procedures when conducting employment background checks. Background checks…
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Payroll News for Pennsylvania Employers and Employees

An important development for Pennsylvania Employers. Earlier this year, the Pennsylvania Superior Court ruled that employers could not make wage payments to their employees via mandatory payroll debit cards. Partially in response…
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Department of Labor Overtime Rules Enjoined

Last week, a federal District Court Judge entered an injunction blocking the implementation of Department of Labor (DOL) Regulations that would have significantly increased labor costs for thousands of Employers. The Regulations…
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New Minimum Wage Rule Finally Announced

After months of delay and speculation, the Department of Labor recently issued its final rulemaking with regard to what employees are covered by the minimum wage and overtime provisions of the Fair…
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New Bill Could Mean New Jersey Wage News

UPDATED (May 3, 2016): On Monday, May 2, 2016 Governor Chris Christie vetoed the bill, barring gender-based pay discrimination. Governor Christie stated that it would go beyond federal standards and make New…
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Employment Law Update: March 2016

Trying to Avoid the High Cost of Healthcare Under the Affordable Care Act by Reducing Hours Worked Might be Costly. As you probably know, employers with 50 or more full time or…
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Pennsylvania Employers: How Are You Paying Employees?

The Pennsylvania Wage Payment and Collection Act requires employers to pay employees in “lawful money of the United States” or by “check.” [“Check” is defined to include direct deposit to an employee’s…
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Delaware’s Pregnant Workers Fairness Act

Last September, Delaware enacted a law (the Pregnant Workers Fairness Act), which outlawed employment discrimination based on pregnancy and related conditions. The law has now gone into effect and Delaware employers, in…
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What Employers Need to Know About the DOMA Ruling

Earlier this year the United States Supreme Court, in United States v. Windsor, 570 U.S.___, 133 S.Ct. 2675 (2013), declared a major provision of the Defense of Marriage Act (known as “DOMA”) unconstitutional.…
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BYOD Policies: Scary Liabilities For the Uninformed Employer

Robert W. Small, Partner in Reger Rizzo & Darnall’s Employment Practices Group, authored an article for Sidebar Magazine entitled, BYOD Policies…Scary Liabilities For the Uninformed Employer. You can read the full article online here.
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  • Obtained multi-million dollar arbitration breach of contract award for client in arbitration matter. LHK Partners v. GFK, Inc. (Superior Court, New York County 2023).
  • Obtained six figure settlement for plaintiff under Pennsylvania Wrongful Use of Civil Proceedings statute. LaRoche v. Beers et al, 209 A.3d 496 (Pa. Super. Ct. 2018).
  • Obtained jury verdict for plaintiff under Pennsylvania Wrongful Use of Civil Proceedings statute. Fantini v. Vibration Specialty Corp. et al. (Mont. Co. Common Pleas 2003).
  • Established that the Philadelphia District Attorney is local, not state official and, as such, can be liable under 42 USC § 1983 for denial of civil rights. Carter v. City of Philadelphia, 181 F.3rd 339 (3rd Cir, 1999).
  • Springside School (Now Springside Chestnut Hill Academy), Board of Trustees
  • Northern Children’s Services, Board of Directors
  • Grace Presbyterian Church, Session
  • Pennsylvania Bar Association
  • Governor Robert B. Meyner Award