Margaret A. Clemens - Littler Mendelson P.C.

Margaret A. Clemens

Listed in Best Lawyers since 2003

Margaret A. Clemens is a trial attorney with significant experience in all aspects of employment litigation, including both trial and appellate work. She represents employers, employee benefit plans and their fiduciaries and concentrates her practice in the areas of Employee Retirement Income Security Act litigation and employment discrimination, handling complex ERISA cases and class actions. She has successfully defended against claims alleging:

  • Breach of fiduciary duty
  • Failure to adequately disclose plan terms
  • Prohibited transactions
  • Failure to comply with ERISA's age discrimination prohibitions
  • Improper plan amendments
  • Failure to give proper notice of plan amendments
  • Challenges to modifications and termination of plan benefits, including retiree health care
  • State law claims that are preempted by ERISA

She practices in state and federal courts, including at the appellate level, and recently appeared before the United States Supreme Court in an ERISA multi-plaintiff action and in a class action involving the Age Discrimination in Employment Act. She also has significant knowledge of:

  • Title VII
  • The Americans with Disabilities Act
  • The Family and Medical Leave Act
  • The Fair Labor Standards Act
  • The New York State Human Rights Law

Margaret also provides clients with employment counseling and training. She has authored articles and conducted numerous seminars on developments in both the ERISA litigation and the employment law areas, including:

  • Strategies for avoiding lawsuits
  • Recent developments in ERISA
  • Laws prohibiting discrimination in employment
  • Preservation of documents and electronic discovery
  • Violence in the workplace
  • Workplace harassment

Margaret's clients include:

  • Large manufacturers
  • National retailers
  • Universities and colleges
  • Small businesses
  • Non-profits

Founder of Littler Mendelson's Rochester New York office, Margaret previously worked at another firm, where she served as head of the ERISA litigation practice group and served on the firm's diversity and pro bono committees. She was the executive director of the Albany Law Review in law school.

State University of New York at AlbanyBA Albany Law SchoolJ.D.
Finger Lakes LGBT Workplace AllianceLeadership Rochester Monroe County Bar AssociationNew York State Bar AssociationGovernor's Task Force on Development of Model Domestic Violence Employee Awareness and Assistance Policies for BusinessesAlternatives for Battered WomenGreater Rochester Area Women's Bar Association

Case History

Other Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, Western District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, District of Colorado
  • U.S. District Court, Southern District of California
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Pennsylvania

Office Location

375 Woodcliff Drive, Second Floor
Fairport, NY 14450
United States

Lawyer of the Year Awards

2013 Lawyer of the Year in Labor Law - Management of the Rochester-NY Metro Area
Margaret A. Clemens has earned a Lawyer of the Year award for 2013!

Practice Areas

Employment Law - Management
Labor Law - Management