Charles A. Ercole

Chuck is the former Chair of the firm’s Labor and Employment Law Practice Group, a position he held for 18 years.  He represents and advises clients in all aspects of employment litigation including sexual harassment, discrimination, wage and hour, and non-competition/non-solicitation/trade secret agreements.  Chuck has acted as lead counsel in class actions. He represents employers in their dealings with organized labor, including union avoidance campaigns, negotiating collective bargaining agreements, and defending unfair labor practice charges.  His clients value his business acumen and negotiating skills.

Chuck is admitted to practice in Pennsylvania, New Jersey, the Third Circuit Court of Appeals and the United States Supreme Court.  He has been named a Pennsylvania Super Lawyer® annually since 2009 by a vote of his peers,* and regularly takes on cases pro bono for the Homeless Advocacy Project.

*Awards Methodology

Representative Matters:

• Represented developer client in the successful construction of a high-rise apartment complex in Center City Philadelphia.   There were numerous issues because of the use of non-union labor.   Required numerous appearances before the Court of Common Pleas (civil and criminal) as well as the National Labor Relations Board
• Represented owner of hotel in shutdown and sale of its property to a casino operator.  Involved effects bargaining and a plant shutdown agreement with unions as well as negotiating pension withdrawal liability.
• Represented 2,500 employees of a New Jersey trucking company that shut down without notice in February 2019.  Was able to enhance the employees severance package by $2,700,000 after only one month of litigation.

Presenter, “What all Employers Should Understand: the National Labor Relations Act and National Labor Relations Board Process,” accredited CLE program, March 18, 2024

Author, “Even Highly Paid Employees May Be Entitled To Overtime Compensation,” March 13, 2023

Author, “The National Labor Relations Board Says Severance Agreements Containing Broadly-Drafted Non-Disparagement and Confidentiality Provisions are Unlawful,” February 27, 2023.

Author, “Pennsylvania Updates How Tipped Employees Are Paid,” May 12, 2022

Presenter, “Compliance and Potential Pitfalls in the Hospitality Industry,” accredited CLE program, April 13, 2022.

Author, “New Jersey Strengthens Its Age Discrimination Law,” October 6, 2021

Presenter, “Potential Pitfalls When Right-sizing, Re-structuring, or Closing Your Business,” accredited CLE program, January 27, 2021.

Client Alert – Mandatory Paid Sick Leave in New Jersey Begins October 29, 2018

“Sexual Harassment Prevention in the #MeToo Era,” Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2018

“Fair Share Fees Declared Unconstitutional,” Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2018

“FLSA’s Narrow Construction Standard Struck Down,” Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Summer 2018

“The United States Supreme Court Upholds Arbitration Clauses That Preclude Class Actions,” Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2018

“Third Circuit Rules That Warn Act Obligations Arise When Layoffs Are Probable – Not Merely Possible,” Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Fall 2017 “Recent Decisions Under the Warn Act Demonstrate ‘Loopholes’ In The Law,” Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2017

“Philadelphia Employers Must Now Provide Paid Sick Leave,” Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Spring 2015

“NLRB Holds That Employment Arbitration Agreements Cannot Prohibit Class Actions,” Labor and Employment Update, Klehr Harrison Harvey Branzburg LLP, Winter 2015