Ben Dudek is an employment attorney in the Columbia office who uses his legal and legislative experience to assist clients with their workplace matters. He is very active in defending employers against administrative charges and lawsuits in state and federal courts. Ben represents clients in matters involving the Americans with Disabilities Act (ADA); Title VII discrimination, retaliation, and harassment; the Family and Medical Leave Act (FMLA); the Age Discrimination in Employment Act (ADEA); wrongful discharge; and wage and hour laws. He also assists clients facing union campaigns and unfair labor practice proceedings.
Ben devotes another part of his practice to drafting non-compete and non-solicitation agreements for clients to protect their customers and competitive assets. He also advises clients on how to enforce these agreements as well as defend against claims from competitors related to unfair competition.
Furthermore, Ben formulates handbooks and employment policies for clients with operations across the country. In particular, he assists employers in drafting paid sick leave policies to comply with varying and constantly evolving state and local laws. Additionally, Ben counsels on the implementation of drug testing policies and procedures, specifically with regard to laws regulating medical and recreational marijuana.
Prior to attending law school, Ben was a staffer for the U.S. House of Representatives Committee on Transportation and Infrastructure in Washington, D.C. Within his practice, he monitors the latest legislative developments affecting employers on the federal, state, and local levels.
During law school, Ben was a Senior Articles Editor for the South Carolina Law Review. He is the author of “Rebutting the Strong Presumption of Reliability for Effective Assistance: The Pursuit of Cumulative Analysis for Strickland Claims in South Carolina,” 65 S.C. L. Rev. 685 (2014). Ben was inducted into the Order of the Coif and the Order of Wig and Robe. In addition, he received CALI Awards in Business Corporations; Civil Procedure; Legal Reasoning, Analysis, and Writing I; and Problems in Professional Responsibility.
Before joining Fisher Phillips, Ben served as a law clerk to the Honorable H. Bruce Williams on the South Carolina Court of Appeals.
Honors & Leadership
Honors & Awards
- Named, Best Lawyers: Ones to Watch (2021)
- Junior Achievement YPA Board
- University of South Carolina School of Law 1L and 3L Mentor
- Richland County Bar Association
- Wage and Hour Wednesday Podcast: Working With Independent Contractors While Avoiding Classification Problems2.24.21
- More Than A Quarter of the Firm’s Attorneys Recognized in 2021 Edition8.20.20
Seminars & Speaking Engagements
- "What Employers Need to Know About Cannabis in the Workplace"
2020 CSRA SHRM Legal Update
“What Employers Need to Know about Cannabis in the Workplace”
2019 Pee Dee SHRM Legal Update
- "What’s the Big Deal? - Dealing with Workplace Bullying"
2018 CSHRM Legal Workshop
- University of South Carolina School of LawJ.D. 2015, magna cum laude
- University of South CarolinaB.A. 2009, summa cum laude
- South Carolina
- U.S. District Court for the District of South Carolina