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Education

  • J.D., Duquesne University School of Law
  • B.A., University of Pittsburgh at Johnstown

Bar Admissions

  • Pennsylvania

Court Admissions

  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Western District of Pennsylvania

Elaina Smiley is a Co-Chair of the firm’s Employment Law & Employee Benefits Group. She is also a member of the firm’s International Law, Immigration and Business Litigation Groups.

Ms. Smiley’s practice involves employment and immigration law.  Her work focuses on employment discrimination claims, wage and hour claims, and matters involving breach of employment and non-compete agreements.  Her practice also includes drafting the following: employment contracts, severance agreements, independent contractor agreements, non-compete and non-solicitation agreements, employment policies, and handbooks.  She frequently advises companies on compliance with employment laws and wage and hour laws, and she counsels clients in termination and disciplinary actions.  In addition, she provides training and counseling for management employees on topics such as: methods to avoid discrimination and harassment claims, how to handle employee complaints, compliance with equal employment opportunity laws, sexual harassment, compliance with Family and Medical Leave Act, as well as the Fair Labor Standards Act and overtime rules.  Ms. Smiley handles various immigration matters such as H-1B visas and the green card process, on behalf of companies, universities, colleges, and individuals. Furthermore, she counsels employers on compliance with immigration and employment laws connected to the employment of foreign nationals in the United States.

Professional/Community Involvement

  • Allegheny County Bar Association, Member
  • American Immigration Lawyers Association (AILA), Member

Additional Information

Elaina grew up in Punxsutawney, Pennsylvania and currently lives in Mars, Pennsylvania.  She enjoys spending time with her family and running.

  • Employment discrimination claims – such as disability, age, race, pregnancy and sex discrimination, and harassment – filed before the Equal Employment Opportunity Commission, Pennsylvania Human Relations Commission, and Federal and State Courts.
  • Breach of employment contracts and non-compete agreements in State and Federal Courts.
  • Claims for unpaid wages under the Pennsylvania Wage Payment and Collection.
  • Drafting, updating, and advising employers regarding employee handbooks and policies, and counseling employers on compliance with current employment laws.
  • Representing clients in unemployment matters.
  • Representing employers in class and collective actions involving wage and hour claims and improper calculation of overtime.
  • Assisting clients in obtaining temporary visas such as H-1B and L-1 visas.
  • Assisting clients in obtaining Permanent Resident status (Green Card) through employment and the Labor Certification (PERM) process and by marriage to a U.S. citizen.
  • Representing clients through the naturalization process to become U.S. citizens.
  • Assisting clients in obtaining work cards and travel
  • J.D., Duquesne University School of Law, 1999 – cum laude
  • B.A., University of Pittsburgh at Johnstown, 1996 – magna cum laude