Focus Areas
Employment Litigation
- Successfully defended construction company in FLSA class action involving overtime wages and piecework claims.
- Negotiated favorable settlements of individual and putative class action FLSA claims involving misclassification, overtime and meal break issues.
- Obtained successful outcome in a bench trial for transportation communications corporation in a suit brought by former chief executive officer alleging contract and tort claims arising from his termination and alleged breach of executive compensation agreement.
- Successfully defended a workers’ compensation retaliation claim filed by a former employee.
- First chair jury trial experience in sex discrimination, retaliation, breach of contract and misappropriation cases.
- Obtained directed verdict on an age discrimination claim asserted against a hospital by a former employee.
- Obtained voluntary dismissal of a multi-count employment discrimination complaint filed against a client without filing answer or motion to dismiss.
- Prevailed at arbitration on behalf of an employer who sued a former employee for tortious interference.
- Regularly defend employers against claims of discrimination (sex, age, race, disability, national origin), sexual harassment, retaliation and whistleblower claims.
- Represented a former general counsel in ADEA and ERISA suit against a union-employer and obtained favorable settlement and dismissal of counterclaims.
- Successfully negotiated favorable settlement of ERISA and ADEA claims alleged by a former Chief Executive Officer of a non-profit corporation.
Non-Compete/Trade Secrets
- Defended a former employee and obtained denial of TRO in Action involving a non-compete agreement.
- Obtained temporary restraining order against former employee who breached restrictive covenants and misappropriated trade secrets.
- Frequently advise clients, and draft or revise non-competition, non-solicitation and confidentiality agreements.
- Successfully represented numerous clients seeking enforcement of non-competition and confidentiality agreements against former employees.
Employment Counseling, Training and Regulatory Practice
- Frequently represent clients in investigations, audits and regulatory proceedings related to FLSA, Title VII and other statutes in proceedings involving the U.S. Department of Labor, the NLRB, the EEOC and state regulatory agencies.
- Advised and counseled human resource professionals and in-house legal counsel on a wide variety of employment-related matters, including employee handbooks, social media policy, severance arrangements, executive employment agreements, non-competition agreements, EEO matters, FMLA compliance, employee discipline and discharge, ADA accommodations, affirmative action, hiring best practices, FLSA compliance and arbitration agreements.
- Counsel employers regarding implementation of reductions-in-force, downsizing efforts and early retirement incentives, including compliance with OWBPA and WARN.
- Frequently conduct training on employment issues, such as harassment, diversity and inclusion, workplace investigations and ADA compliance.
- Developed a sexual harassment prevention policy for a paper manufacturer and presented training sessions at all corporate and manufacturing locations.
TCPA, ADA and Consumer Class Action
- Defended Fortune 500 communications company in TCPA class action seeking over $100 million in damages.
- Negotiated favorable settlements in dozens of TCPA junk fax and texting cases.
- Obtained dismissal of national retailer in purported class action asserting FACTA violations.
- Obtained voluntary dismissal of fax broadcaster from TCPA class action without payment of any settlement funds.
- Advise clients on ADA website accessibility and compliance issues and defend businesses in related individual and class action claims.
- Regularly consult with companies and develop TCPA (junk fax and text) compliance programs.
- Regularly defend companies and individuals in consumer class actions brought for alleged violations of FACTA and TCPA.
Commercial Litigation
- Obtained favorable settlement for former officers and directors in a fraudulent conveyance action.
- Obtained voluntary dismissal of fraud and RICO claims in a mortgage industry case.
- Prevailed on summary judgment in an environmental insurance coverage matter resulting in the dismissal of millions of dollars in claims against the insurer.
- “Texas District Court Vacates DOL’S 2024 Final Overtime Rule,” Thompson Hine Labor & Employment @lert, November 2024
- “Fifth Circuit Vacates DOL Final Tip Credit Rule,” Thompson Hine Labor & Employment @lert, August 2024
- “Texas Court Blocks FTC Noncompete Rule,” Thompson Hine Labor & Employment @lert, August 2024
- “FTC Noncompete Ban Partially Halted but Remains Largely Intact for Most Employers,” Thompson Hine Business Law Update, July 2024
- “FTC Non-Compete Ban Partially Halted but Remains Largely Intact for Most Employers,” Thompson Hine Labor & Employment @lert, July 2024
- “Texas Issues Injunction Against DOL’s New Overtime Rule,” Thompson Hine Labor & Employment @lert, July 2024
- “Loper Bright’s Impact on Employment Laws: Navigating the Post-Chevron Landscape,” Thompson Hine Labor & Employment @lert, July 2024
- “U.S. Equal Employment Opportunity Commission Updates Workplace Harassment Enforcement Guidelines,” Employee Relations Law Journal, June 2024
- “EEOC Updates Workplace Harassment Enforcement Guidelines,” Thompson Hine Labor & Employment @lert, May 2024
- “FTC Issues Final Rule Banning Noncompete Agreements—Future Remains Uncertain as Lawsuits Challenging the Final Rule Have Already Been Filed,” Thompson Hine Labor & Employment @lert, April 2024
- “DOL Issues Final Salary Rule for Overtime Exemption,” Thompson Hine Labor & Employment @lert, April 2024
- “The EEOC Issues its Long-Awaited Final Rule on the Pregnant Workers Fairness Act,” Thompson Hine Labor & Employment @lert, April 2024
- “Illinois Sees Rise in GIPA Privacy Suits,” Thompson Hine Privacy & Employment Update, March 2024
- “DOL Finalizing Significant Changes to Davis-Bacon Regulations,” Thompson Hine Labor & Employment @lert, August 2023
- “SCOTUS Clarifies Workplace Religious Accommodation Standard,” Thompson Hine Labor & Employment @lert, June 2023
- “NLRB Reworks Independent Contractor Test Under NLRA,” Thompson Hine Labor & Employment @lert, June 2023
- “EEOC Releases Updated COVID-19 Guidance,” Thompson Hine Labor & Employment @lert, May 2023
- “NLRB Issues Employer Guidance on McLaren Macomb Decision,” Thompson Hine Labor & Employment @lert, March 2023
- “National Labor Relations Board Issues Decision in McLaren Macomb,” Thompson Hine Labor & Employment @lert, February 2023
- “Illinois Legislature Passes Paid Leave for All Workers Act,” Thompson Hine Labor & Employment @lert, January 2023
- “FTC Proposes Noncompete Ban,” Thompson Hine Labor & Employment @lert, January 2023
- “In the Weeds: Marijuana Legalization and Drug Testing at Work,” Thompson Hine Business Law Update, Fall 2022
- “EEOC Releases Updated Poster on Workplace Discrimination,” Thompson Hine Labor & Employment @lert, October 2022
- “Fourth Circuit Holds Gender Dysphoria Is a Covered Disability Under the ADA,” Thompson Hine Labor & Employment @lert, August 2022
- “EEOC Says Collecting Family Members’ COVID-19 Test Results Violates GINA,” Thompson Hine Labor & Employment @lert, July 2022
- “Ohio House Bill 447 to Impact Workers’ Compensation and Employees Working from Home,” Thompson Hine Labor & Employment @lert, June 2022
- “New Federal Law Restricts Enforcement of Arbitration Agreements for Sexual Assault and Sexual Harassment Claims,” Thompson Hine Labor & Employment @lert, March 2022
- “Sixth Circuit Court of Appeals Dissolves Stay of OSHA Emergency Temporary Standard,” Thompson Hine COVID-19 Update, December 20, 2021
- “Federal Court Issues Nationwide Injunction Against Federal Contractor Vaccination Mandate,” Thompson Hine Government Contracts/Labor & Employment Update, December 8, 2021
- “OSHA Issues COVID-19 ETS for Large Private Employers,” Thompson Hine COVID-19 Update, November 4, 2021
- “New COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors,” Thompson Hine COVID-19 Update, September 2021
- “Path Out of the Pandemic: Considerations for Employers and Government Contractors,” Thompson Hine COVID-19 Update, September 2021
- “OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Employers,” Thompson Hine Labor & Employment @lert, June 2021
- Featured, “Employers Avoiding Cash Vaccine Incentives, Thompson Hine Survey Says,” Law360, May 2021
- “What the CDC’s Updated Guidance Means for Employers,” Thompson Hine COVID-19 Update, May 2021
- “American Rescue Plan Act: Impact on Employers and Employees,” Thompson Hine COVID-19 Update, March 10, 2021
- “Consolidated Appropriations Act, 2021: Implications for Business,” Thompson Hine COVID-19 Update, December 30, 2020
- “COVID-19 Relief Bill – The Impact on Employers and Employees,” Thompson Hine COVID-19 Update, December 2020
- “EEOC Issues Updated Guidance on Mandatory COVID-19 Vaccinations,” Thompson Hine COVID-19 Update, December 2020
- “DOL Revises FFCRA Regulations in Response to Court Decision,” Thompson Hine COVID-19 Update, September 2020
- “Federal Court Expands FFCRA Paid Leave,” Thompson Hine COVID-19 Update, August 2020
- “Best Practices for Critical Workers Traveling to and from “Hot Spot” States,” Thompson Hine COVID-19 Update, July 16, 2020
- “Political Activity from the Remote Office: Employer Considerations,” Thompson Hine Labor & Employment @lert, June 2020
- “OSHA Issues Updated COVID-19 Enforcement Plan and Guidance for Employers,” Thompson Hine COVID-19 Update, May 2020
- “Employment Law Considerations as Our Economy Begins to Reopen,” Thompson Hine COVID-19 Update, May 2020
- “DOL Issues Employer Guidance on Implementing Families First Coronavirus Response Act,” Thompson Hine COVID-19 Update, March 2020
- “When Your Critical Service Providers Telecommute: Risks and Tips,” Thompson Hine COVID-19 Update, March 2020
- “Ohio Issues Stay at Home Order,” Thompson Hine COVID-19 Update, March 2020
- “New Employee Leave Benefits Enacted by Families First Coronavirus Response Act,” Thompson Hine COVID-19 Update, March 2020
- “House Passes Families First Coronavirus Response Act,” Thompson Hine COVID-19 Update, March 2020
- “OSHA Issues COVID-19 Guidance for Employers,” Thompson Hine COVID-19 Update, March 2020
- “Illinois Legalizes Recreational Use of Marijuana Effective January 1, 2020,” Thompson Hine Labor & Employment @lert, July 2019
- “DOL Issues New Opinion Letters Regarding FLSA Compliance,” Thompson Hine Labor & Employment @lert, July 2019
- Thompson Hine Compliance Check 2020: Separation Agreements, May 2019
- “Severance Agreements: One Size Does Not Fit All,” Thompson Hine Business Law Update, Winter 2019
- “New York State Department of Labor Publishes Materials Necessary for Employers to Comply with New State Sexual Harassment Laws,” Thompson Hine Labor & Employment @lert, October 2018
- “The Stop Sexual Harassment in NYC Act: Considerations for Private Employers,” Thompson Hine Labor & Employment @lert, June 2018
- “#MeToo Movement Highlights Importance of Employer Response to Sexual Harassment,” Thompson Hine Business Law Update, Spring 2018
- “California Departs from FLSA on Flat Sum Bonuses for Calculating Overtime Pay,” Thompson Hine Labor & Employment @lert, March 2018
- “Biometric Data: Convenient or Cause for Concern?” Thompson Hine Labor & Employment @lert, March 2018
- “#MeToo Movement Highlights Importance of Employer Response to Sexual Harassment,” Thompson Hine Labor & Employment @lert, January 2018
- “Rethinking Salary History Inquiries in New York City,” Thompson Hine Labor & Employment @lert, October 2017
- “The Trump Administration: Predicting the Impact on Employment Law Issues,” Thompson Hine The Law@Work Newsletter, Spring 2017
- “Considerations When Managing Employees Who Work From Home,” Thompson Hine The Law@Work Newsletter, Winter 2017
- “Federal Judge Enjoins New FLSA Overtime Regulations.” Thompson Hine Labor & Employment @lert, November 2016
- “Reminder: FLSA Overtime Rule Effective December 1,” Thompson Hine Labor & Employment @lert, October 2016
- “How to Prepare for Potential Changes in the Overtime Regulations,” Thompson Hine The Law@Work Newsletter, Fall 2015
- “Safeguards for the Unwary: Understanding Employer Obligations under the ADAAA,” Scrap magazine, November/December 2011
- “Implementing a Social Media Policy,” Scrap magazine, July/August 2011
- “The Increasing Complexities of Crafting a Corporation’s Social Media Policy: It’s Getting Harder Not Easier – A Checklist of Things to Consider,” Nymity Privacy Interviews with Experts, May 2011
- “Junk Fax Protection Act,” The National Law Journal, July 2006 (with Michelle Cohen)
- “Top Ten Steps to Avoid Retaliation Claims,” Employment Law 360, March 2011
- “The Three-Headed Monster: ADA, FMLA and Workers’ Compensation: How Employers Can Ensure Compliance,” Employee Relations Law Journal, Winter 2005 (with Jonathon Good)
- “FMLA: 10 Common Mistakes,” Benefits & Compensation Solutions, September 2003
- “FMLA: The Ten Most Common Mistakes Employers Make,” HRSolutions, June 2003
- “Avoid Mistakes Regarding Employee Leave Law,” Crain’s Cleveland Business, January 2003
- “Understanding the PWFA: Employer Responsibilities and Compliance Considerations,” Thompson Hine Webinar, May 2024
- “Landmark Ruling Overturns Abortion Rights – Examining the Decision’s Employee Implications,” Thompson Hine Webinar, July 2022
- “Returning to the Workplace: What Does Employment Look Like Post-Pandemic?” Thompson Hine Webinar, June 2021
- “Does #MeToo Include You, Too?” HR Collaborative, March 8, 2018
- “The Trump Impact: Employees and the Trump Administration,” Thompson Hine Seminar, March 2017
- “2016: Employment Year in Review,” Thompson Hine Seminar, October 2016
- “Telecommuting: The Legal Implications of Working from Home,” Thompson Hine Seminar, October 2016
- “Overtime Overhaul and The DOL’s New Rule on Exempt Classifications Special Issues for Non-Profits,“ Licking County Foundation, September 2016
- “Overtime Overhaul and The DOL’s New Rule on Exempt Classifications,” Thompson Hine Webinar, June 2016
- “FMLA, ADA and Workers’ Compensation: The Three-Headed Monster,” Thompson Hine Annual Labor and Employment Seminar, November 2015
- “2015: The Year In Review,” Thompson Hine Annual Labor and Employment Seminar, November 2015
- “Building an Effective and High Performance Employee Team,” Ohio Grantmakers Forum, February 2012
- “2011: Caselaw Update,” Thompson Hine Annual Labor & Employment Seminar, Cleveland, December 2011
- “Social Media and the Workplace: Best Practices, Policies & Pitfalls,” HR Star Conference, July 2011
- “Employers and the Web 2.0: How to Address the Use of Social Media in the Workplace,” Thompson Hine Breakfast Briefing, May-June 2011
- “Social Media: Policies and Pitfalls for Employers and Employees,” International Association of Privacy Professionals, Cleveland KnowledgeNet Program, March 2011
- “Top 10 Practical Steps to Avoid Retaliation Claims,” Strafford webinar: Employee Retaliation Claims on the Rise, February 2011
- “2010: Employment Law Cases in Review,” Thompson Hine’s Employment Law Briefing: Helping You Plan for 2011, December 2010
- “Get Connected: Social Media and Your Career,” Key Executive Women’s Network and Thompson Hine’s Spotlight on Women, September 2009
- “Considerations in Drafting an On-line Social Networking Policy,” Thompson Hine webinar: Online Social Networking: Risks, Benefits and Practical Considerations, September 2009
- “Don’t Leave Me This Way,” Cleveland Labor & Employment Seminar, September 2007
- Panelist, “How to be a Lawyer and Still Have a Life…The Successes and Struggles of Female Attorneys,” 90.3 WCPN, The Sound of Ideas, August 2007
- “Are Medical Absences Making You Sick?”, Cleveland Labor & Employment Seminar, June 2006
- “Crafting Effective Non-Compete Agreements,” Cleveland Labor & Employment Seminar, June 2006
- “Harassment: Policies, Investigation and Training,” Thompson Hine Annual Employment Law Update, June 2005
- “Employment Law Update,” Thompson Hine Annual Employment Law Update, July 2005
- “Protecting Your Company: Are Your Employees AWOL? Dealing With Issues of Employee Leave,” Thompson Hine’s Spotlight on Women Seminar, April 2005
- Panelist, “The Art of Persuasion in Settlement Negotiations,” Anthony J. Celebrezze Inn of Court, November 2004
- Panelist, “Outsourcing: A Strategic Overview,” The Turnaround Management Association Conference, November 2004
- “FMLA and ADA: A Practical Guide for Employers,” HR Star Conference, July 2004
- “Leave Issues Under FMLA, ADA and Workers’ Compensation,” Thompson Hine Annual Employment Law Update, June 2004
- “The Bermuda Triangle: FMLA, ADA and Workers’ Compensation,” NLRB, Section 8 Annual Meeting, September 2003
- “Interplay of the FMLA, ADA and Workers’ Compensation in Ohio,” Thompson Hine Annual Employment Law Update, June 2003
- “Top Ten Mistakes that Employers Make with FMLA and How to Avoid Them,” Thompson Hine Annual Employment Law Update, July 2002
- Selected to Law360’s Employment Authority Discrimination Editorial Board, 2022-2024
- Selected for inclusion in Chambers USA: America’s Leading Lawyers for Business, Labor & Employment, Ohio, 2021 to 2024
- Selected for inclusion in The Best Lawyers in America® 2018-2025 for Employment Law-Management and Litigation-Labor and Employment
- Named a Senior Fellow of the Litigation Counsel of America (LCA)
- AV® Preeminent Rated by Martindale-Hubbell
- Ohio State Bar Association Certified Specialist in Labor & Employment Law
- Listed as a Labor and Employment Litigation Star by Benchmark Litigation, 2019-2022, 2024
- Selected to the Ohio Super Lawyers list, 2012-2024
- Selected to the Ohio Rising Stars list, 2006-2007
- YWCA Woman of Professional Excellence Award, 2006
- Practical Law, Author and Contributor (Ohio Employment Law Topics)
Professional Associations
- Master of the Bench, Employment Lawyers Inn of Court
- Fellow, Litigation Counsel of America
- John Manos Inn of Court, Barrister
- Federal Bar Association (N.D. Ohio Chapter)
- Society of Human Resource Management (SHRM), member
- Steering Committee Member, HR Collaborative for Nonprofit HR Professionals
Community Activities
- Executive Board Member, Benjamin Rose Institute on Aging; Member, Strategic Planning Committee and Compliance Committee
- Board Member, Empowering and Strengthening Ohio’s People (ESOP)
- Chair of Board, Branches Realty
- Former Secretary, Executive Board Member, Seton Athletic Association
- Partner in Justice, Cleveland Legal Aid Society
- College of William and Mary Alumni Association, Class of 1991 Alumni Ambassador
- University of Pennsylvania Law Alumni Network
- College of William and Mary, Order of the White Jacket
- Volunteer, Cleveland Foodbank
Education
- University of Pennsylvania Law School, J.D., 1994, summa cum laude,
Order of the Coif, Comparative Labor Law Journal, article editor and associate editor
- College of William and Mary, B.A., 1991, summa cum laude,
Phi Beta Kappa, presidential scholar
Bar Admissions
- Ohio
- Illinois
- District of Columbia
Court Admissions
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- U.S. Supreme Court
- Texas District Court Vacates DOL’S 2024 Final Overtime Rule,
Labor & Employment @lert
, November 18, 2024 - Fifth Circuit Vacates DOL Final Tip Credit Rule,
Labor & Employment @lert
, August 27, 2024 - Texas Court Blocks FTC Noncompete Rule,
Labor & Employment @lert
, August 21, 2024 - Business Law Update – July 2024,
Business Law Update Quarterly Newsletter
, July 9, 2024 - FTC Non-Compete Ban Partially Halted but Remains Largely Intact for Most Employers,
Labor & Employment @lert
, July 5, 2024 - Texas Issues Injunction Against DOL’s New Overtime Rule,
Labor & Employment @lert
, July 2, 2024 - Loper Bright’s Impact on Employment Laws: Navigating the Post-Chevron Landscape,
Labor & Employment @lert
, July 1, 2024 - U.S. Equal Employment Opportunity Commission Updates Workplace Harassment Enforcement Guidelines,
Employee Relations Law Journal
, June 27, 2024 - EEOC Updates Workplace Harassment Enforcement Guidelines,
Labor & Employment @lert
, May 2, 2024 - DOL Issues Final Salary Rule for Overtime Exemption,
Labor & Employment @lert
, April 24, 2024