Overview

Brian M. Hentosz represents employers in wage and hour litigation and traditional labor matters throughout the country. 

In his wage and hour practice, Brian represents employers in class and collective actions brought under the Fair Labor Standards Act and state wage and hour laws. He has defended employers in the construction, energy, financial services, restaurant, retail, sports and entertainment, and transportation industries. He has significant experience defending against allegations of:

  • Exemption misclassification
  • Unpaid overtime
  • Off-the-clock, preliminary and postliminary unpaid time, and meal and rest break violations
  • Independent contractor misclassification
  • Unlawful tip pooling, tip sharing, and tip credit practices

Brian’s traditional labor practice focuses on:

  • Proceedings before the National Labor Relations Board and the Pennsylvania Labor Relations Board
  • Collective bargaining
  • Grievance arbitrations
  • Labor contract administration
  • Strikes and picketing
  • Union election campaigns
  • Corporate transactions

Additionally, Brian regularly counsels clients on labor and employment compliance issues, including:

  • Employee handbooks and policies
  • Discipline and termination issues
  • Wage and hour compliance
  • Union avoidance
  • Implementing lawful reductions-in-force
  • Conducting investigations
  • Severance agreements

Brian served as the symposium editor of the Tulane Law Review. Prior to attending law school, he worked in the planning and allocation department at the corporate headquarters of a large retailer. As an undergraduate, he was a member of the Villanova football team.  

Professional & Community Affiliations

Member

Central Catholic Lettermen’s Club

Member

Big 33 Scholarship Foundation, Inc.

Recognition

Named, Ones to Watch

The Best Lawyers in America©

2021-2022

Order of the Coif

Omicron Delta Epsilon

Recipient, CALI Award in Constitutional Criminal Procedure

Books & Book Chapters

  • Picketing for Organization and Recognition, The Developing Labor Law, Chapter 21, ABA Section of Labor and Employment Law, Chapter Contributing Editor, 2018-2019

Speaking Engagements

Are White-Collar Exemptions Being Met?

Lorman Education Services Webinar

September 30, 2021

Labor Law Update: The Trump Board Impact of the Changing of the Guard at the NLRB and What it Means for Nonunion and Union Employers

Pittsburgh, PA

January 24, 2019

The Hottest Labor and Employment Developments of 2015

Pittsburgh, PA

November 4, 2015

Education

  • J.D., Tulane University Law School, 2013summa cum laude
  • B.A., Villanova University, 2008

Bar Admission

Pennsylvania

Courts

  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. District Court, Western District of Pennsylvania
  • U.S. District Court, Southern District of Texas