Focus Areas
Labor and Employment
- Counseling clients on, and successfully defending, complaints filed by employees alleging wrongful discharge, retaliation, and harassment based upon, but not limited to, alleged disability discrimination, race discrimination, age discrimination, gender discrimination, sexual harassment, and whistleblower retaliation. Successfully defending employers against these types of claims before the EEOC, OSHA, DOL, various state agencies, state and federal courts.
- Representing and advising clients on legal implications of the Coronavirus (COVID-19) nationally and globally, including compliance with applicable federal, state, and local orders and other applicable laws for employees, contractors, customers, and related best practices. Defending clients, and advising clients, as relating to COVID-19 claims by employees and third parties before state and federal agencies, and courts.
- Representing and advising clients on all facets of OSHA compliance, related investigations, and litigation involving alleged citations. This includes, but is not limited to, fall protection, training, safety policies, lockout tagout, crane and lift truck safety, asbestos and other potentially hazardous exposures, chemical spills and response, compliance with design and build, demolition, and electrical standards.
- Counseling clients on, and successfully defending claims, alleging breach of contract and failure to pay appropriate wages under federal and state laws. Successfully defending employers against these types of claims before agencies, state and federal courts.
- Counseling clients on, and successfully defending claims, alleging violations of collective bargaining agreements and unfair labor practices regarding issues of discharge, discipline, terms and conditions of employment, compensation, among other issues. Representing clients at arbitration hearings over alleged breaches of collective bargaining agreements. Successfully obtained dismissal of numerous complaints and charges.
- Assisting clients with the negotiations of collective bargaining agreements with unionized workforces.
- Representing clients in federal court against wage and hour claims by current and former employees, asserting collective and class action status, involving alleged failure to pay for all hours worked, unpaid overtime, and related claims. Successfully obtained dismissal of claims and also resolved claims for less than anticipated defense costs.
- Representing clients in court against employee claims of breach of contract. Successfully defended claims and resolved on terms favorable for clients.
- Counseling clients on, and successfully representing clients in court, on issues involving alleged violations of noncompete agreements and thefts of trade secrets.
- Representing client relating to the EEOC’s investigation of claim by employee that she was unlawfully discharged from her employment based upon her gender. Successfully defended client in front of EEOC where after investigation, EEOC dismissed complaint.
- Representing client relating to the EEOC’s investigation of claim by employee that he was unlawfully discharged from his employment based upon his age and race. Successfully defended client in front of EEOC where after investigation, EEOC dismissed complaint.
- Representing client relating to the EEOC’s investigation of claim by employee that she was unlawfully discharged from her employment after making complaints of sexual harassment. Successfully defended client in front of EEOC where after investigation, EEOC dismissed complaint.
- Representing client before the Ohio Civil Rights Commission (OCRC) in connection with claim by employee that he was unlawfully discharged based upon his age. Successfully defended client in front of OCRC where after investigation, OCRC dismissed complaint.
- Representing client relating to OSHA’s investigation of claim by employee that he was unlawfully discharged from his employment for making claim of a safety issue to OSHA. Successfully defended client in front of OSHA where after investigation, OSHA dismissed complaint.
- Representing client relating to OSHA’s investigation of claim by employee that he was unlawfully discharged from his employment for participating in an OSHA investigation. Successfully defended client in front of OSHA where after investigation, OSHA dismissed complaint.
- Representing client relating to OSHA’s investigation of unanticipated collapse of a multilevel parking garage during construction resulting in multiple injuries. Client was responsible for building garage. After investigation, OSHA made no finding that client violated an OSHA standard causing collapse.
- Representing client relating to OSHA’s investigation of unanticipated collapse of a multilevel parking garage during construction. Client was involved with inspecting the processes relating to building this garage, preceding the collapse. After investigation, OSHA made no finding that client violated an OSHA standard causing collapse.
- Representing client relating to OSHA’s investigation of an unanticipated collapse of a bridge over an interstate highway during its demolition resulting in fatality and other injuries. After investigation, OSHA made no finding that client violated an OSHA standard causing collapse.
- Representing client relating to OSHA’s investigation of incident resulting in electrocution of worker while working around power transmission machinery. After litigation before the Occupational Safety and Health Review Commission, OSHA made no finding that client violated an OSHA standard causing incident.
- Representing client relating to OSHA’s investigation of unanticipated drop of a 23 ton steel coil from a crane’s lifting device resulting in a fatality. After investigation, OSHA made no finding that client violated an OSHA standard causing unanticipated drop of coil and fatality.
- Representing client relating to OSHA’s investigation of electrocution and death of worker electrocuted when working on an electrical control panel. After investigation, OSHA made no finding that client violated an OSHA standard proximately causing the electrocution and death of worker.
- Representing client against state agency in court over issue involving appropriate state unemployment tax rates after reorganization of company into multiple corporate entities. Won on summary judgment.
- Representing client before state agency over issues involving alleged underpayment of state unemployment taxes. Won following hearing before state administrative agency law judge.
- Representing client relating to claim of employer intentional tort in Court involving the drop of a 23 ton steel coil from a crane’s lifting device resulting in a fatality to employee. Won case on motion for summary judgment.
- Representing client relating to claim of employer intentional tort in Court involving the employee’s development of cardiac issues and need for heart transplant from alleged work-place exposures to toxic chemicals. Won case on motion for summary judgment.
- Representing clients in connection with the defense of alleged employer intentional tort, wrongful death and other serious injury claims in courts resulting from employee and contractor fatalities and/or serious injuries. Won cases on summary judgment.
- Representing clients in connection with the defense of alleged claims of negligence, premises liability, breach of contract, and wrongful death and other serious injury claims in courts in connection with contractor fatalities and/or serious injuries on job sites. Won cases on summary judgment.
- Counseling clients on, and successfully defending, claims of alleged employee injuries and related extent of disability issues in connection with workers’ compensation claims before state agencies and in courts.
Business Litigation
- Representing clients before courts on breach of contract, tortious interference, fraud, and other business law claims.
- Representing client in federal court challenging program utilized by government entity to deny client an award of a construction contract. Won on summary judgment.
- Representing client before American Arbitration Association on claim of breach of contract relating to distribution agreement, including allegations involving breach of contract, fraud, breach of duty of good faith and fair dealing, tortious interference with contractual and/or business relationships, promissory estoppel, and unjust enrichment. Case resolved on terms favorable for client.
- Representing client on issues relating to alleged breach of intellectual property rights and distribution agreement subject to American Arbitration Association.
- Representing client before civil rights commission as relating to allegations of disability discrimination by reason of alleged failure to comply with state and federal law concerning handicap accessibility. Following hearing before civil rights commission, won judgment for client.
- Representing client in connection with claims that it violated the on Federal Telephone Consumer Protection Act, related state telemarketing act, consumer sales practice act, and invasion of privacy claims in federal court.
- Representing client in court in connection with claim that it is liable for damages under theory of product liability. Won on summary judgment.
- Representing client on claim of breach of contract against other partial owners of movie theatre chain in court, recovering full amount alleged to be owed, plus attorney fees and interest. Won on summary judgment.
- Representing client on breach of contract claim filed by construction contractor against client in court. Won on dismissal.
- Counseling clients on, and successfully litigating, issues relating to insurance coverage for liability claims. Successfully defending numerous cases subject to insurance coverage.
- Representing clients against claims of toxic tort. Won cases on summary judgment.
- Representing clients in connection with claims of breach of real estate agreements with associated claims for damages. Won cases at trial.
- Representing clients in connection with claims involving alleged intentional tort, negligence, premises liability, and other general liability theories in both court and before arbitrators. Won cases on summary judgment, following trial, and arbitration hearings.
Life Sciences
- Representing clients in connection with meeting regulatory compliance obligations for distribution and sales of life science products and services throughout United States, Europe, South Korea and other parts of Asia. This includes pharmaceutical, non-pharmaceutical, cosmetics, diets, bedding, among other products.
- Representing and advising clients on legal implications of the Coronavirus (COVID-19), including compliance with applicable federal, state, and local orders and laws.
- Assisting clients in connection with growing business through negotiating, drafting, and securing contracts, products, and services with related protections of rights and meeting legal compliance obligations.
- Counseling clients on, and litigating issues relating to, development and distribution of laboratory animals and related products both in the United States and internationally. This includes assisting clients with obtaining trademarks, negotiating distribution agreements, technical transfer agreements, addressing and protecting patent rights, and application of international law.
- Counseling clients on issues relating to intellectual property and distribution rights for various life science products considering United States and international laws. These clients include companies and government agencies in the United States, Europe, South Korea and other parts of Asia.
International
- Counseling clients on the labor provisions of the United States-Mexico-Canada Agreement (USMCA) and related enforcement mechanisms, including but not limited to potential litigation avenues to ensure compliance by competitors as applicable.
- Representing clients, with operations around the world, in connection with their business relationships in the United States including distribution and other contractual agreements.
- Advising clients on global considerations, when considering employment policies implemented in the United States.
- Representing clients, based around the world, in connection with litigation matters in the United States.
- “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
- “Coming Soon to a Store Near You – A Union Organizing Campaign,” Thompson Hine Labor & Employment @lert, May 2022
- “Final Countdown – EEO-1 Survey’s May 17 Deadline is Fast Approaching,” Thompson Hine Labor & Employment @lert, May 2022
- “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
- “What the CDC’s Updated Guidance Means for Employers,” Thompson Hine COVID-19 Update, May 2021
- “NYSDOL Issues Guidance Regarding New York COVID-19 Vaccine Leave Requirements,” Thompson Hine COVID-19 Update, March 2021
- “American Rescue Plan Act: Impact on Employers and Employees,” Thompson Hine COVID-19 Update, March 10, 2021
- “OSHA Issues Updated COVID-19 Guidance,” Thompson Hine COVID-19 Update, February 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
- “Murphy’s Law – Literally,” Thompson Hine COVID-19 Update, October 2020
- “Complying With NJ’s New Workplace Virus Safety Protocols,” Law360, November 3, 2020
- “Ohio Provides Qualified Liability Shield From COVID-19 Claims,” Thompson Hine COVID-19 Update, September 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
- “Virginia First State to Enact COVID-19 Workplace Safety Standard,” Thompson Hine COVID-19 Update, July 2020
- “Supreme Court Rules Title VII Protects LGBTQ Individuals,” Thompson Hine Labor & Employment @lert, June 15, 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
- “CARES Act: Implications for Businesses,” Thompson Hine COVID-19 Update, March 28, 2020
- “Federal CARES Act Provides Substantial Relief to Employers from Effects of COVID-19,” Thompson Hine COVID-19 Update, March 2020
- “DOL Issues Employer Guidance on Implementing 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
- “Severance Pay Now Mandatory for Some New Jersey Terminations,” Thompson Hine Labor & Employment @lert, January 2020
- Thompson Hine Compliance Check 2020: OSHA Inspections, November 2019
- “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
- “New Pregnancy Accommodation Law for Kentucky Employers,” Thompson Hine Labor & Employment @lert, April 2019
- “New Jersey Enacts Limits on Employment and Settlement Agreements,” Thompson Hine Labor & Employment @lert, April 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
- “Massachusetts Enacts Expansive Paid Family and Medical Leave Legislation,” Thompson Hine Labor & Employment @lert, August 2018
- “Supreme Court Holds Class and Collective Action Waivers Are Enforceable in Employment Arbitration Agreements,” Thompson Hine Labor & Employment @lert, May 2018
- “DOL Issues New Opinion Letters on FLSA and CCPA,” Thompson Hine Labor & Employment @lert, April 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
- “Digital Workplace Discussions and Employer Liability,” Thompson Hine Labor & Employment @lert, January 2018
- “DOL Sides with Circuit Courts, Adopts New Intern Test,” Thompson Hine Labor & Employment @lert, January 2018
- “NLRB Reverts Back to Pre-Browning-Ferris Joint Employer Test,” Thompson Hine Labor & Employment @lert, December 2017
- “Termination Does Not Always Lead to a Voluntary Abandonment Defense in Ohio,” Thompson Hine Labor & Employment @lert, October 2017
- “Is Your Company Prepared for the New York Paid Family Leave Law?” Thompson Hine Labor & Employment @lert, August 2017
- “EEOC Seeks Comment on Proposed Unlawful Harassment Guidance,” Thompson Hine Labor & Employment @lert, February 2017
- “OSHA Update: New Anti-Retaliation Guidance, Walking-Working Surfaces and Fall Protection Standards, and Beryllium Exposure,” Thompson Hine The Law@Work Newsletter, Winter 2017
- “Ohio Businesses Should Ensure Compliance With Amended Concealed Carry Laws,” Thompson Hine Corporate Law and Labor & Employment Update, January 2017
- “Bill Gives Ohio Employers Exclusive Authority Over Schedule and Benefits Policies, Limits Minimum Wage,” Thompson Hine Labor & Employment @lert, January 2017
- “Washington, D.C. Council Passes Generous Paid Family Leave Bill,” Thompson Hine Labor & Employment @lert, December 2016
- “Federal Judge Enjoins New FLSA Overtime Regulations.” Thompson Hine Labor & Employment @lert, November 2016
- “Legalizing Recreational Marijuana Use: Business as Usual for Employers,” Thompson Hine Labor & Employment @lert, November 2016
- “Supreme Court to Hear Transgender Bathroom Case,” Thompson Hine Labor & Employment @lert, November 2016
- “Reminder: FLSA Overtime Rule Effective December 1,” Thompson Hine Labor & Employment @lert, October 2016
- “DOJ & FTC Release Antitrust Guidance for HR Professionals,” Thompson Hine Antitrust & Employment Update, October 2016
- “Voting Leave Laws – Is Your Company Ready for Election Day?” Thompson Hine Labor & Employment @lert, October 2016
- “Tell Us How You Really Feel: OSHA’s Reinforced Criticism of Safety Incentive Programs,” Thompson Hine The Law@Work Newsletter, Summer 2016
- “OSHA Delays Enforcement of New Anti-Retaliation Rule Until November 1, 2016,” Thompson Hine Labor & Employment @lert, July 2016
- “DOL Updates Sex Discrimination Regulations,” Thompson Hine Labor & Employment @lert, June 2016
- “OSHA Reports Its Year One Results for Revised Employer Reporting Obligations,” Thompson Hine The Law@Work Newsletter, Spring 2016
- “New OSHA Reporting Requirements and Anti-Retaliation Remedy,” Thompson Hine Labor & Employment @lert, May 2016
- “EEOC/Obama Administration Propose Rule to Collect Pay Data From Employers,” Thompson Hine Labor & Employment @lert, February 2016
- “OSHA’s Increased Potential Fines & Decreased Deference,” Thompson Hine The Law@Work Newsletter, Fall 2015
- “New EO: Government Contractors Must Cough Up Sick Days for Covered Employees,” Thompson Hine Government Contracts Update, September 2015
- “Supreme Court Holds Motivation to Avoid Religious Accommodation May Violate Title VII,” Thompson Hine The Law@Work, Summer 2015
- “The Silver Lining in the DOL’s Proposed Changes to the FLSA Salary Basis Test,” Thompson Hine Labor & Employment @lert, July 2015
- “OSHA: Updated Guidelines for Preventing Workplace Violence,” Thompson Hine The Law@Work, May 2015
- “Supreme Court Adopts Pregnancy Discrimination Claim Standard,” Thompson Hine Labor & Employment @lert, March 2015
- “DOL Rule Expands FMLA Coverage for Same-Sex Couples,” Thompson Hine Labor & Employment @lert, March 2015
- “Whistleblower Complaints Filed With OSHA Increase in 2014,” Thompson Hine The Law@Work, January 2015
- “Employers’ Email Systems Become Union Tools,” Thompson Hine Labor & Employment @lert, December 2014
- “Supreme Court Holds Time Spent by Workers in Post-Shift Security Screenings Is Not Compensable Time under the Fair Labor Standards Act,” Thompson Hine Labor & Employment @lert, December 2014
- “OSHA/NIOSH Announce Recommended Practices for Temporary Workers”, Thompson Hine The Law@Work, October 2014
- “EEOC Issues Guidance on Pregnancy Discrimination, Including Light Duty Policies,” Thompson Hine Labor & Employment @lert, July 2014
- “Supreme Court Strengthens First Amendment Protection for Public Employees,” Thompson Hine Labor & Employment @lert, June 2014
- “New Guidance for Employers from EEOC and FTC,” Thompson Hine Labor & Employment @lert, March 2014
- “Seventh Circuit Rejects Failure to Conciliate as Defense to Title VII Lawsuit,” Thompson Hine Labor & Employment @lert, January 2014
- “ADA Claim: Job Descriptions Should Define Essential Functions of Position,” Thompson Hine Labor & Employment @lert, December 2013
- “Sixth Circuit Holds Employment Agreement Cannot Shorten FLSA or EPA Claim Period,” Thompson Hine Labor & Employment @lert, August 2013
- “Supreme Court Issues Title VII Decisions,” Thompson Hine Labor & Employment @lert, June 2013
- Numerous presentations on labor and employment issues including, but not limited to, investigating employee claims, proper hiring and discharge procedures, employer wellness programs, employee benefits, GINA, COBRA, ADAAA, FMLA, employee safety and health, OSHA, workers’ compensation, and insurance coverage. Presentations have been sponsored by Lorman’s Educational Services, National Business Institute, PBS Television, and the Associated General Contractors of America, among others.
- Selected for inclusion in The Best Lawyers in America© 2018-2022 in the fields of Employment Law-Management, and Litigation-Labor and Employment
- Listed as a Labor and Employment Litigation Star by Benchmark Litigation, 2021
- Selected for inclusion in Ohio Super Lawyer Rising Stars by Law & Politics magazine
- Named a Cincy Business magazine Leading Lawyer
Professional Associations
- Defense Research Institute
- American Bar Association
- Ohio State Bar Association
- District of Columbia Bar Association
Education
- Case Western Reserve University School of Law, J.D., 1993
- St. John's College, B.A., 1989
Bar Admissions
- Ohio
- District of Columbia
Court Admissions
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Federal Claims
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- U.S. Supreme Court
- EEOC Says Collecting Family Members’ COVID-19 Test Results Violates GINA,
Labor & Employment @lert
, July 18, 2022 - Ohio House Bill 447 to Impact Workers’ Compensation and Employees Working from Home,
Labor & Employment @lert
, June 29, 2022 - Coming Soon to a Store Near You – A Union Organizing Campaign,
Labor & Employment @lert
, May 18, 2022 - Final Countdown – EEO-1 Survey’s May 17 Deadline is Fast Approaching,
Labor & Employment @lert
, May 10, 2022 - U.S. Supreme Court Stays OSHA ETS; Health Care Worker Mandate Moves Forward,
COVID-19 Update
, January 14, 2022 - Sixth Circuit Court of Appeals Dissolves Stay of OSHA Emergency Temporary Standard,
COVID-19 Update
, December 20, 2021 - OSHA Issues COVID-19 ETS for Large Private Employers,
COVID-19 Update
, November 4, 2021 - New COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors,
COVID-19 Update
, September 28, 2021 - Path Out of the Pandemic: Considerations for Employers and Government Contractors,
COVID-19 Update
, September 10, 2021 - OSHA Announces COVID-19 Emergency Temporary Standard for Healthcare Employers,
Labor & Employment @lert
, June 11, 2021