Sarah Fask

Discrimination and Harassment; ERISA and Benefit Plan Litigation; HR Advice and Counsel

Sarah Bryan Fask maintains a nationwide practice focusing on Employee Retirement Income Security Act (ERISA) litigation.

Fask has successfully defended against claims in federal courts across the country alleging breach of fiduciary duty and an improper denial of disability, medical or severance benefits. Over the course of her career, she has secured favorable summary judgment verdicts in multiple cases while bringing many others to successful settlements. She also litigates ERISA preemption issues (both offensively and defensively) and enforces ERISA plan subrogation and reimbursement rights.

Fask also regularly counsels and represents employers with issues involving the interplay between collective bargaining, multiemployer pension plan obligations and withdrawal liability. Fask helps businesses understand withdrawal liability estimates and assessments, and represents businesses through any necessary request for review, arbitration, and any settlement negotiations. She has extensive experience defending against allegations of successorship, evade or avoid transactions, and the construction industry exemption.

Fask is leading resource in pension reform efforts and the multiemployer provisions of the American Rescue Plan Act of 2021, specifically. Fask helps employers strategize regarding the impact of multiemployer pension reform on their business.

She advises buyers and sellers on the implications of multiemployer plans and withdrawal liability in transactions. Fask works closely with corporate deal counsel to perfect ERISA Section 4204 provisions in asset sales and submit applications to funds for a waiver of the bond requirements in qualifying transactions.

Finally, Fask also represents employers in disputes with funds regarding the scope of the contribution obligation. She prides herself on developing common-sense economical solutions, while recognizing the long-term implications of audit dispute resolutions for employers.

In addition to her ERISA litigation practice, Fask counsels and defends claims of discrimination, harassment and retaliation arising under:

Title VII of the Civil Rights Act of 1964

The Americans with Disabilities Act (ADA)

The Age Discrimination in Employment Act (ADEA)

The Family and Medical Leave Act (FLMA)

The Pennsylvania Human Relations Act

The New Jersey Law Against Discrimination

The Philadelphia Fair Employment Practices Ordinance

Fask works with in-house counsel and human resources professionals to implement best practices, effectively address employee concerns and avoid unnecessary litigation.

If litigation is unavoidable, she draws on her years of experience in federal courts, well as before the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission and the Philadelphia Commission on Human Relations. When litigating, Fask ensures that all strategy decisions are made with the clients’ goals for the litigation front and center.

Vice-Chair, American Bar Association, Newsletter Committee, Labor and Employment Law Section; Liaison, American Bar Association, Young Lawyers Committee, Labor and Employment Law Section; Chair, American Bar Association, Outreach to Young Lawyers Committee, Labor and Employment Law Section; Former Co-Chair, American Bar Association, Young Lawyers Division, Labor and Employment Law Committee; Former Development Fellow, American Bar Association, Labor and Employment Law Section; Former Law Student Division Liaison, Council of the Section of Labor and Employment Law; Former Member, Law Student Outreach Committee