Overview

S. Elaine Baker (Diedrich) advises clients concerning employment-related matters and represents clients in federal and state courts. She provides employment advice and counseling to several industries including retail, transportation/busing/railway, non-profits, higher education, environmental solutions/waste, and credit unions. She counsels employers on every aspect of employee-related issues, including advising clients concerning:

  • Disciplinary issues
  • Requests for accommodations and leave
  • Workplace investigations
  • Preparing and revising employee policies and handbooks
  • Employee and supervisor training
  • Advice related to expanding business and start-up businesses
  • Terminations and lay-offs
  • Severances
  • Union avoidance
  • Unemployment compensation
  • Compliance with the Americans with Disabilities Act, Family Medical Leave Act and employment laws

Elaine’s employment litigation work involves representation of employers in administrative proceedings, before the Equal Employment Opportunity Commission (EEOC) and state administrative bodies and in lawsuits brought under state and federal discrimination laws, Employee Retirement Income Security Act (ERISA), whistleblower laws and wrongful discharge. She assists clients with:

  • The Office of Federal Contract Compliance Programs (OFCCP) and prepares Affirmative Action Plans for government contractors to comply with E.O. 11246, the Rehabilitation Act, and Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)
  • Obtaining and defending against temporary restraining orders and injunctions involving violations of non-compete and confidentiality agreements and for misappropriation of trade secrets
  • Wage and hour issues, such as classifying workers as exempt or non-exempt and as employees or independent contractors, to avoid future issues on classification of workers, as well as in response to audits by state and federal agencies

Elaine focuses a significant portion of her practice on advising human resources and executives on day-to-day employee issues and measures they can take to reduce employment-related litigation and issues. She trains supervisors on best practices related to handling workplace issues, properly addressing matters that may give rise to discrimination claims, documenting discipline, conducting workplace investigations, preparing annual reviews, providing offer letters, employment agreements, and confidentiality agreements for new and current employees.

Elaine assists employers with managing labor relations and union matters such as union avoidance, union election campaigns and representation in unfair labor practice proceedings before the National Labor Relations Board. She also trains management employees on best practices for avoiding unionization and has successfully defended union campaigns for clients.

 

 

Professional & Community Affiliations

Member

Allegheny County Bar Association

Recognition

Named, Rising Star

Pennsylvania

Super Lawyers

2007 and 2008

Speaking Engagements

Handbooks

Littler Executive Employer, Phoenix, AZ

May 4, 2018

Advanced ADA: The Interactive Process and “Hidden” Disabilities

Pittsburgh, PA

May 25, 2017

Workplace Investigations: The Social Media Impact, Millennials, and the Status of Requiring Confidentiality

Pittsburgh, PA

January 27, 2015

Education

  • J.D., University of Pittsburgh, 1999cum laude
  • B.A., Miami University, 1995

Bar Admission

Pennsylvania

Courts

  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, Western District of Pennsylvania