Jennifer counsels and represents private and public employers in all areas of labor and employment law including:
โข Unfair labor practice investigations, trials and appeals
โข Labor negotiations and arbitrations
โข Union avoidance and election campaign strategies
โข Lockouts, strikes and other labor disputes
โข Federal and state agency investigations, trials and appeals
โข Employment discrimination, harassment, retaliation and wrongful discharge cases and class actions
โข Federal and state wage-hour investigations and class/collective actions
โข Disability discrimination and failure-to-accommodate claims
โข Job-protected leave issues under FMLA, USERRA, ADA and other federal and state laws
โข Whistleblower complaints under OSHA, SOX, TSCA, STAA and AIR21
โข Enforcement of restrictive covenants and protection of trade secrets
โข Affirmative action plans and OFCCP compliance
In addition, Jennifer frequently works with employers to customize and present in-house training programs to educate employees and supervisors about employment laws and workplace policies.
IBEW Local 1922 v. Maker Stables, LLC, NY PERB Case No. CU-6572 (10/13/22) (certifying Tally of Ballots in election where employer prevailed with unanimous vote of 25-0, after nearly 3 years of legal battles just to obtain an election in order to avoid NYโs default โcard-checkโ statute and then ran aggressive campaign to overcome major voter apathy associated with extraordinarily high turnover rate, as well as language/relational barriers between labor/management arising from historically immigrant workforce).
Atkinson v. NLRB, Case No. 20โ1680, 2021 WL 2850565 (3d Cir. July 8, 2021) (affirming sub nom., in relevant part, UPS, Inc., 369 NLRB No. 1 (2019), which reinstated Olin/Spielberg standard for post-arbitral deferral and Alpha Beta standard for deferral to pre-arbitral settlements), affd. on rehearing 2021 WL 5204015 (3d Cir. Nov. 9, 2021).
UPS, Inc.,ย 369 NLRB No. 1 (Dec. 23, 2019) (overruling deferral standard set inย Babcock & Wilcox Construction, reinstatingย Spielberg/Olin deferral standards and applying reinstated deferral standards to reverse the ALJ, dismiss the complaint and defer to unanimous joint grievance panel upholding charging partyโs discharge).
Mike-Sells Potato Chip Co., 368 NLRB No. 145 (Dec. 16, 2019) (reversing ALJโs original and supplemental decisions and dismissing 8(a)(5) complaint in its entirety, because employer had no obligation to engage in decisional bargainโor to respond to information requests served for such purposeโwhen its unilateral actions were consistent with longstanding past practice, despite that employerโs past similar actions did not take place at set intervals, were not in same number, were not taken for same reason and did not involve consideration of same criteria).
Layman v. United Parcel Serv., Inc., No. 3:17-CV-738-CRS, 2019 WL 1966123 (W.D. Ky. May 2, 2019) (granting summary judgment to employer on employeeโs claims for discrimination, harassment and retaliation in violation of ADA; discrimination, harassment and retaliation in violation of Title VII; negligent hiring, retention and supervision; intrusion upon seclusion; public disclosure of private facts; false light; conspiracy; and intentional infliction of emotional distress).
Rose v. United Parcel Serv., Inc.,ย No. 5:17-CV-378-REW, 2019 WL 1370849 (E.D. Ky. Mar. 26, 2019),ย case dismissed,ย No. 19-5393, 2019 WL 5260164 (6th Cir. Oct. 3, 2019) (granting summary judgment to employer on employeeโs disability discrimination claim).
Rod Williams v. UPS Co.,ย U.S. Dept. of Labor OSHA Case No. 9-3290-17-170 (March 6, 2018) (Secretaryโs Findings dismissing pilotโs AIR21 complaint due to lack of reasonable cause that AMTโs protected activities were a contributing factor to his discharge).
Convergys Corp. v. NLRB, 866 F.3d 635, 636-37 (5th Cir. Aug. 7, 2017) (granting employerโs petition for review, denying Boardโs cross-application for enforcement and reversing Boardโs order holding that employer violated NLRA by requiring job applicants to sign class and collective action waivers and by seeking to enforce those waivers; notably, the waivers at issue did notย arise in the context of an arbitration agreement).
John Heard v. UPS Co.,ย U.S. Dept. of Labor OSHA Case No. 4-1760-15-102 (June 22, 2017) (Secretaryโs Findings dismissing pilotโs AIR21 complaint due to lack of reasonable cause to believe a violation occurred, as well as due to untimely complaint).
NLRB v. Mike-sellโs Potato Chip Co.,ย 254 F. Supp. 3d 969 (S.D. Ohio 2017) (denying 10(j) injunction sought by Board against employer who, consistent with long-standing past practice, sold in-house sales territory to independent distributors as part of ongoing effort to shift risk of loss and change its business model).
Laferty v. UPS, Inc., No. 3:14-cv-00853-TBR, 186 F. Supp.3d 702ย (W.D. Ky. May 4, 2016) (granting summary judgment to employerย on employeeโs disability discrimination and failure-to-accommodate claims).
UPS Co. and Teamsters Local 2727, 17-1 ARB ยถ6822 (Goldberg, March 13, 2016) (denying unionโs overtime bypass grievance).
Sharp v. Waste Management of Ohio, Inc., et al., 47 F.Supp.3d 584 (S.D. Ohio Sept. 16, 2014) (granting summary judgment to corporate and individual defendants on employeeโs federal and state claims for disability discrimination and retaliation, FMLA interference and retaliation, workersโ compensation retaliation and wrongful discharge).
Brian Johnson v. Five Rivers Metro Parks, et al., Montgomery County Common Pleas Court Case No. 2014 CV 00022 (July 21, 2014) (granting 12(b)(6) dismissal to public agency and public employees on claims of negligent hiring, negligent retention, negligent supervision, intentional infliction of emotional distress and public records violations).
Titus v. Verizon Wireless,ย Case No. 3:10-cv-469, 2012 WL 4089898 (S.D. Ohio Sept. 17, 2012) (granting summary judgment to corporate and individualย defendants on employeeโs federal and state claims for race and gender discrimination and retaliation).
Rotek Incorporated and USW Local 8565, 131 LA 895 (Miles, 2012) (denying unionโs contract interpretation grievance and rejecting unionโs argument that crews had to be fully-staffed before employer could implement new 24/7 schedule).
Berryman, et al. v. SuperValu Holdings, Inc., et al., 669 F.3d 714 (6th Cir. Feb. 24, 2012) (upholding grant of summary judgment to employer in eleven-plaintiff, nine-defendant race discrimination, harassment and retaliation lawsuit filed under state and federal law).
In re Moyno, ODJFS Docket No. 000000001200010, Determination ID 224640498-1 (May 24, 2012) (issuing global denial of unemployment benefits for employees involved inย four-month labor dispute).
Moyno, Inc. v. UAW et al., Clark County Court of Common Pleas Case No. 12-CV-0249 (March 12, 2012) (granting employerโs request for injunctive relief to control union behavior during strike).
In re Chemineer, ODJFS Docket No. 000000001000003, Determination ID 220449532-1 (April 16, 2010) (issuing global denial of unemployment benefits for employees involved inย two-month labor dispute).
Berryman v. SuperValu Holdings, Inc., Case No. 3:05cv169, S.D. Ohio (March 31, 2010) (issuing eleven separate summary judgment decisions in favor of corporate and individual defendants on employeesโ federal and state claims for race discrimination, harassment and retaliation).
Chemineer, Inc. v. Intโl Assoc. of Machinists and Aerospace Workers, Montgomery County Court of Common Pleas Case No. 2010CV02008 (March 9, 2010)ย (granting employerโs request for injunctive reliefย to control union behavior during strike).
Joy v. Robbins & Myers, Inc., DOL ARB Case No. 08-049 (Oct. 29, 2009) (upholding dismissal of former employeeโs SOX complaint in ALJ Case No. 2007-SOX-074).
IAMAW Local Lodge 225 and Chemineer, Inc., 12-2 ARB ยถ5588, 2009 BNA LA Supp. 119509 (Zeiser, Sept. 17, 2009) (denying unionโs contractual grievance filed on behalf of materials handler who was discharged for sleeping on-the-job).
Meade v. Honda of Am. Mfg.,ย et al.,ย Case No. 3:02cv419, 2009 WL 10457600 (S.D. Ohio Feb. 27, 2009) (dismissing plaintiffโs COBRA claims).
Liberty Township v. SERB, 2007-Ohio-295 (10th Dist. 2007) (sustaining employerโs objections to union representation election, invalidating certified election results and ordering new election).
Magnode Corp. v. ODJFS, 2006-Ohio-3086 (12th Dist. 2006) (upholding global denial of unemployment benefits for employees involved in nine-month labor dispute, saving employer almost $400,000).
The Ohio State University College of Law โ J.D., 2004 with Honors in Law
ABA Award of Excellence in Study of Labor & Employment Law, 2004
National Moot Court Team, 2003-2004
Lawrence Herman Moot Court Competition, 1st Place Winner, 2003
Michael Colley Mock Trial Competition, 1st Place Winner, 2003
Missouri State University, B.S. in Professional Writing, 2000,ย magna cum laude
Jessie M. Ross Memorial Scholarship (1999-2000)
Outstanding Peer Leader Award and Scholarship (1998)
Ohio, 2004
Kentucky, 2015
Kentucky, Ohio
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the Westernย District of Kentucky
U.S. District Court for the Eastern District of Kentucky
U.S. District Court for theย Northern District of Ohio
U.S. District Courtย for theย Southern District of Ohio
U.S. District Courtย for theย Southern District of Ohio
Selected to Kentucky Rising Starsยฎ, 2016-2018
Selected to Ohio Rising Starsยฎ, 2014-2015
Champion Gymnastics – Booster Club Mom and Derby Classic Site Chair, 2022-2023
Abilities First Foundation – Board Member and Executive Committee, 2007-present
Greater Louisville, Inc. – Legislative Committee / COVID-19 Immunity Bill Subcommittee Member, 2020-2021
Leadership Counsel on Legal Diversity – UofL Law Student Mentor, 2015-2019
Saint Mary Academy – PTO Volunteer / Room Parent, 2016-2018
Wegerzyn Garden Foundation – Board Member, 2010-2012
Brownโs Run Country Club – Trustee and Secretary, 2005-2010
Middletown Area United Way – New Business Account Manager, 2007
Middletown Area Chamber of Commerce – Steering Committee for Community Leadership, 2006-2007
Volunteer Lawyerโs Project: Volunteer Attorney – 2004-2007; Volunteer of Year, 2007
Middfest International – Executive Committee, 2005; Performing Arts Committee, 2004
Mental Health & Wellbeing Committee, Member
Diversity & Inclusion Committee, Member
Womenโs Initiative Committee, Member
Recruiting Committee, Member
Speaker, “Remaining Union-Free,” Kentucky Chamber Annual Training Seminar (2015-2016, 2019, 2021-2022)
Speaker, โSo Many COVID Questions, So Little Time,โ L&E Roundtable (January 2021)
Speaker, “Recent NLRB Rulings/Guidance/Decisions,” 17th Biennial UK Employment Law Institute (August 2020)
Speaker, “Annual FMLA Mastersโ Class,” BLR Continuing Education Program (2015-2019)
Author, “Avoid Buying Big Labor & Employment Law Risks,” ACG Louisville Capital Connection (June 2019)
Speaker, โMission ‘IMPASSE-ible’ โ Key Components of a Valid Bargaining Impasse,” FBT Labor Seminar (November 2018)
Speaker, “The Future of Labor Law Under a ‘Trump’ NLRB”, FBT L&E Conference (March 2017)
Speaker, “FLSA Basics and the ‘Terrible, Horrible, No-Good, Very-Bad’ Change,” BB&T Annual Non-Profit Seminar (October 2016)
Chapter Author: โChapter 1A โ Negotiating and Drafting Executive Employment Agreementsโ, Taxation of Executive Compensation โ Planning and Practice, (Matthew Bender 2017)
โ’Wishful thinking’ wonโt transform indefinite leave into reasonable accommodation,โ KY Employment Law Letter, Vol. 27, No. 2 (Nov. 2016)
“UPS driverโs disability bias case upended by Kentucky lawโs definition of ‘disability’,โ KY Employment Law Letter, Vol. 26, No. 10 (July 2016)
“Kentucky professorโs discrimination claim fails because of ‘new sheriff in town’,โ KY Employment Law Letter, Vol. 26, No. 8 (May 2016)
“Vague gripes doom ‘pencil-pusherโs’ disability discrimination claim,” KY Employment Law Letter, Vol. 26, No.ย 6 (March 2016)
“Minor slights lead to ‘reasonable belief’ of major problem,” KYย Employment Law Letter, Vol. 26, No. 5 (Feb. 2016)
“A bird in the hand for two years beats no bird at all,” KY Employment Law Letter, Vol. 25, No. 4 (Jan. 2016)
May 27, 2019