Jennifer counsels and represents private and public employers in all areas of labor and employment law including:
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.
UPS, Inc., 369 NLRB No. 1 (Dec. 23, 2019) (overruling postarbitral deferral standard set forth in Babcock & Wilcox Construction—and reinstating Spielberg/Olin postarbitral deferral standard and related prearbitral deferral standards that existed prior to Babcock—and applying reinstated postarbitral deferral standards to reverse the ALJ, dismiss the complaint, and defer to the unanimous decision of a joint grievance panel upholding the charging party’s discharge).
Mike-Sells Potato Chip Co., 368 NLRB No. 145 (Dec. 16, 2019) (reversing ALJ’s original and supplemental decisions, and dismissing 8(a)(5) complaint in its entirety, because employer had no obligation to engage in decisional bargain—or to respond to information requests served for such purpose—when its unilateral actions were consistent with longstanding past practice, despite that employer’s 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 employee’s 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., No. 5:17-CV-378-REW, 2019 WL 1370849 (E.D. Ky. Mar. 26, 2019), case dismissed, No. 19-5393, 2019 WL 5260164 (6th Cir. Oct. 3, 2019) (granting summary judgment to employer on employee’s disability discrimination claim).
Rod Williams v. UPS Co., U.S. Dept. of Labor OSHA Case No. 9-3290-17-170 (March 6, 2018) (Secretary’s Findings dismissing pilot’s AIR21 complaint due to lack of reasonable cause to believe that AMT’s 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 employer’s petition for review, denying Board’s cross-application for enforcement, and reversing Board’s 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 not arise in the context of an arbitration agreement).
John Heard v. UPS Co., U.S. Dept. of Labor OSHA Case No. 4-1760-15-102 (June 22, 2017) (Secretary’s Findings dismissing pilot’s AIR21 complaint due to lack of reasonable cause to believe a violation occurred, as well as due to untimely complaint).
Laferty v. UPS, Inc., No. 3:14-cv-00853-TBR, 186 F. Supp.3d 702 (W.D. Ky. May 4, 2016) (granting summary judgment to employer on employee’s disability discrimination and failure-to-accommodate claims).
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 employee’s federal and state claims for disability discrimination and retaliation, FMLA interference and retaliation, workers’ 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, Case No. 3:10-cv-469, 2012 WL 4089898 (S.D. Ohio Sept. 17, 2012) (granting summary judgment to corporate and individual defendants on employee’s federal and state claims for race and gender discrimination and retaliation).
In re Rotek Incorporated and USW Local 8565, 131 LA 895 (Miles, 2012) (denying union’s contract interpretation grievance and rejecting union’s 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 in 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 employer’s 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 in 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 employees’ federal and state claims for race discrimination, harassment, and retaliation).
Chemineer, Inc. v. Int’l Assoc. of Machinists and Aerospace Workers, Montgomery County Court of Common Pleas Case No. 2010CV02008 (March 9, 2010) (granting employer’s request for injunctive relief to control union behavior during strike).
Joy v. Robbins & Myers, Inc., DOL ARB Case No. 08-049 (Oct. 29, 2009) (upholding dismissal of former employee’s SOX complaint in ALJ Case No. 2007-SOX-074).
IAMAW Local Lodge 225 and Chemineer, Inc., 12-2 ARB ¶5588 (Zeiser, Sept. 17, 2009) (denying union’s contractual grievance filed on behalf of materials handler who was discharged for sleeping on-the-job).
Meade v. Honda of Am. Mfg., et al., Case No. 3:02cv419, 2009 WL 10457600 (S.D. Ohio Feb. 27, 2009) (dismissing plaintiff’s COBRA claims).
Liberty Township v. SERB, 2007-Ohio-295 (10th Dist. 2007) (sustaining employer’s 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 Michael E. Mortiz College of Law, 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, magna cum laude
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 Western District of Kentucky
U.S. District Court for the Eastern District of Kentucky
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Southern District of Ohio
Selected to Ohio Rising Stars, 2014-2015; selected to Kentucky Rising Stars, 2016-2018
Leadership Council on Legal Diversity: Law Student Mentor (2015-present)
Abilities First Foundation: Trustee, Secretary, and Executive Committee Member, 2008-present
Wegerzyn Garden Foundation: Board Member, 2010-2012
Brown’s 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 Lawyer’s Project: Volunteer Attorney, 2004-2007; Volunteer of the Year, 2007
Middfest International: Executive Committee, 2005; Performing Arts Committee, 2004
FLSA Basics and the “Terrible, Horrible, No-Good, Very-Bad” Change, BB&T Annual Non-Profit Seminar (Oct. 2016)
Taxation of Executive Compensation – Planning and Practice, Chapter 1A – “Negotiating and Drafting Executive Employment Agreements” (Matthew Bender 2017).
“Wishful thinking” won’t transform indefinite leave into reasonable accommodation,” KY Employment Law Letter, Vol. 27, No. 2 (Nov. 2016)
UPS driver’s disability bias case upended by Kentucky law’s definition of “disability,” KY Employment Law Letter, Vol. 26, No. 10 (July 2016)
Kentucky professor’s discrimination claim fails because of “new sheriff in town,” KY Employment Law Letter, Vol. 26, No. 8 (May 2016)
Vague gripes doom “pencil-pusher’s” disability discrimination claim, KY Employment Law Letter, Vol. 26, No. 6 (March 2016)
Minor slights lead to “reasonable belief” of major problem, KY 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