W. Scott Hardy

Shareholder Pittsburgh

Scott counsels employers on all aspects of their employment relationships to achieve their organizational goals while avoiding litigation whenever possible.  In doing so, Scott takes a practical and proactive “real world” approach to solving workplace problems.  Because lawsuits cannot always be avoided, much of Scott’s practice involves representing employers as lead counsel in federal and state court litigation (including class and collective actions and appeals), commercial and labor arbitrations, and administrative proceedings.

Scott routinely defends employers in investigations conducted by governmental agencies such as the EEOC, PHRC, DOL, and NLRB, and he conducts and oversees internal corporate investigations of alleged fraud, embezzlement, theft, discrimination, harassment, and other forms of employee misconduct.  Scott also represents clients in employment-related intellectual property matters and in traditional labor settings, such as arbitration, NLRB proceedings and collective bargaining. Scott works with employers to draft and negotiate executive employment agreements and severance agreements; he assists employers in navigating the legal and practical complexities of involuntary reduction-in-force and early exit incentive programs; he collaborates with employers to craft legally compliant and strategically effective workplace policies; and he provides training to managers and employees on various legal and ethical compliance issues.  Scott also counsels colleges and universities on student accommodation and other issues.

Scott is experienced in representing employers in a myriad of industries ranging from healthcare, higher education, and banking, to transportation and manufacturing, so Scott strives to thoughtfully consider the unique market forces and regulatory environments in which each of his clients operate.

Employers seek out Scott as a trusted advisor knowing that his judgment, skills and talents can be deployed effectively to address issues impacting people from the mail room to the C-Suite in courtrooms, in board rooms, and at the bargaining table.


Experience

When litigation cannot be avoided, employers seek Scott’s judgment for assessing their potential legal exposure and his advocacy skills for defending them and their business judgments in court.  In some of Scott’s litigation experiences, he:

  • Obtained summary judgment on behalf of university in race discrimination case asserted by former head coach.
  • Secured jury verdict on behalf of national retailer that mitigated former employee’s “off the clock” wage claim.
  • Obtained summary judgment on behalf of regional home nursing provider in a whistleblower case asserted by its highest ranking clinician who was discharged 23 hours after lodging complaints with CEO.
  • Obtained directed verdict at trial on behalf of manufacturer in FMLA case asserted by former production worker.
  • Secured dismissal of class-based WARN Act claims on behalf of hospital system.

Scott’s experiences extend beyond the courtroom and into the Board Room and at the negotiating table.  For example:

  • Scott secured meaningful and necessary concessions when serving as chief spokesperson and lead negotiator on behalf of large, urban, tertiary-care hospital in collective bargaining with SEIU involving more than 1,300 registered nurses. Scott has negotiated collective bargaining agreements on behalf of various acute care health systems, hospitals, and skilled nursing facilities with various unions such as SEIU, PASNAP, Operating Engineers, and others. 
  • Scott obtained favorable arbitration awards on behalf of a hospital upholding contract language enabling it to manage its workforce effectively, redeploy and layoff portions of its nursing staff without paying expensive severance benefits, and uphold the contractual adequacy of its workplace safety practices.
  • Scott assisted national trucking company to successfully and lawfully persuade its employees to reject organizing campaign by the International Brotherhood of Teamsters without being charged with a single unfair labor practice.
  • Scott obtained favorable arbitration award upholding hospital’s discharge of a registered nurse employed by it for 30+ years after violating HIPAA and other patient confidentiality policies.
  • Scott devised FLSA-compliant mandatory unpaid leave of absence program and related payroll practices to assist a national, publically traded distribution company obtain significant cost saving measures during economic downturn.
  • Scott crafted non-solicitation and non-competition agreements for medical equipment & services company to protect its trade secrets, proprietary information, human capitol, and competitive position throughout the Eastern United States.

Professional Activities and Speeches

Professional Activities:

  • Allegheny County Bar Association (Federal Court Section Council Member, 3 year term)
  • American Inns of Court – W. Edward Sell Chapter (Master, Executive Board Member, Former President 2006-2008)
  • American Healthcare Lawyers Association – AHLA (Former Vice Chair of the Labor and Employment Practice Group)
  • Good Samaritan Hospice of Pittsburgh (Board of Directors)
  • Laurel Highlands Council of the Boy Scouts of America (Board of Directors)
  • Fellow, American Bar Foundation
  • Fellow, Allegheny County Bar Foundation
  • Federal Bar Association, Western Pennsylvania Chapter
  • Pennsylvania Bar Association
  • American Bar Association

Speeches:

  • Ogletree Deakins Workplace Strategies Seminar - ''Critical HR Competencies: Identifying, Recruiting, and Cultivating the HR Superstar'' - Phoenix - May 11, 2018
  • Labor and Employment Counsel Exclusive - ''"The Never Ending Story": Litigating Retaliation Claims'' - Boca Raton - November 09, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''Pardon the Interruption! Workplace Strategies Style'' - San Diego - May 05, 2017
  • Ogletree Deakins Webinar - ''Best Practices and Strategies for Minimizing Employers’ Number One Risk: Retaliation Charges'' - February 2017
  • Ogletree Deakins Employment Law Seminar - ''Hey, What's Your ERISA Doing in my HR Matter? The Intersection of Employee Benefits and Labor & Employment Law'' - Cannonsburg - November 18, 2014
  • Ogletree Deakins Employment Law Seminar - ''Don't Bet on Lady Luck: Will Your Non-Union Handbook Survive NLRB Scrutiny?'' - Latrobe - November 04, 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''Top 10 Tips for Avoiding (or Minimizing) Employment Litigation'' - Las Vegas - May 09, 2014
  • Ogletree Deakins Labor and Employment Law Update - ''Angels and Demons: Handling Accommodation Requests and Avoiding Religious Discrimination Claims'' - Pittsburgh - March 26, 2014
  • Ogletree Deakins Labor and Employment Law Briefing - ''The EEOC's Enforcement Priorities in 2013 and Beyond'' - Pittsburgh - April 11, 2013
  • Ogletree Deakins Labor and Employment Law Briefing - ''Spotlight on USERRA: Return of Veterans'' - Pittsburgh - April 11, 2012
  • Ogletree Deakins Labor and Employment Law Briefing - ''Intermittent FMLA Leave: A Deeper Dive'' - Pittsburgh - October 18, 2011
  • Ogletree Deakins Labor and Employment Law Briefing - ''Alphabet Soup: News from the Beltway'' - Pittsburgh - October 18, 2011
  • Ogletree Deakins Labor and Employment Law Briefing - ''Background Checks and Credit Reports: Avoid the Pitfalls'' - Pittsburgh - April 13, 2011

Published Works

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Media Quotes

2014 - Employment Law Institute West, Pennsylvania Bar Institute - "Employment At-Will, Public Policy Wrongful Discharge in Pennsylvania"

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