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Biography

Jennifer counsels and represents private and public employers in all areas of labor and employment law including:

  • Unfair labor practice investigations, trials, and appeals
  • Labor negotiations and arbitrations
  • Union avoidance and election campaign strategies
  • Lockouts, strikes, and other labor disputes
  • Federal and stateย agency investigations, trials, and appeals
  • Employment discrimination, harassment, retaliation, and wrongful discharge cases and class actions
  • Federal and state wage-hour investigations andย class/collective actions
  • Disability discrimination and failure-to-accommodate claims
  • Job-protected leave issues under FMLA, USERRA, ADA, and other federal and state laws
  • Whistleblower complaints under OSHA, SOX, TSCA, STAA, and AIR21
  • Enforcement of restrictive covenants and protection ofย trade secrets
  • 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.

Jennifer's Relevant Experience

Trial Work

UPS, Inc.,ย 369 NLRB No. 1 (Dec. 23, 2019) (overruling postarbitral deferral standard set forth inย Babcock & Wilcox Constructionโ€”and reinstatingย Spielberg/Olinย postarbitral deferral standard and related prearbitral deferral standards that existed prior toย Babcockโ€”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 partyโ€™s discharge).

Mike-Sells Potato Chip Co.,ย 368 NLRB No. 145 (Dec. 16, 2019) (reversing ALJโ€™s original and supplemental decisions, and dismissing 8(a)(5) complaint in its entirety, because employer had no obligation to engage in decisional bargainโ€”or to respond to information requests served for such purposeโ€”when its unilateral actions were consistent with longstanding past practice, despite that employerโ€™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.,ย No. 3:17-CV-738-CRS, 2019 WL 1966123 (W.D. Ky. May 2, 2019) (granting summary judgment to employer on employeeโ€™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.,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 employeeโ€™s disability discrimination claim).

Rod Williams v. UPS Co.,ย U.S. Dept. of Labor OSHA Case No. 9-3290-17-170 (March 6, 2018) (Secretaryโ€™s Findings dismissing pilotโ€™s AIR21 complaint due to lack of reasonable cause to believe that AMTโ€™s protected activities were a contributing factor to his discharge).

Convergys Corp. v. NLRB,ย 866 F.3d 635, 636-37 (5th Cir. Aug. 7, 2017) (granting employerโ€™s petition for review, denying Boardโ€™s cross-application for enforcement, and reversing Boardโ€™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 didย 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) (Secretaryโ€™s Findings dismissing pilotโ€™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 702ย (W.D. Ky. May 4, 2016) (granting summary judgment to employerย on employeeโ€™s disability discrimination and failure-to-accommodate claims).

Sharp v. Waste Management of Ohio, Inc., et al.,ย 47 F.Supp.3d 584 (S.D. Ohio Sept. 16, 2014) (granting summary judgment to corporate and individual defendants on employeeโ€™s 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 (Julyย 21, 2014) (granting 12(b)(6) dismissalย toย 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 employeeโ€™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 unionโ€™s contract interpretation grievance and rejecting unionโ€™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 714ย (6th Cir. Feb. 24, 2012) (upholding grant of summary judgment to employer ย in eleven-plaintiff, nine-defendantย 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 employerโ€™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 inย two-month labor dispute).

Berryman v. SuperValu Holdings, Inc., Case No. 3:05cv169, S.D. Ohio (March 31, 2010) (issuingย 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. Intโ€™l Assoc. of Machinists and Aerospace Workers, Montgomery County Court of Common Pleas Case No. 2010CV02008 (March 9, 2010)ย (granting employerโ€™s 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 employeeโ€™s SOX complaint in ALJ Case No. 2007-SOX-074).

IAMAW Local Lodge 225 and Chemineer, Inc., 12-2 ARB ยถ5588 (Zeiser, Sept. 17, 2009) (denying unionโ€™s 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 plaintiffโ€™s COBRA claims).

Liberty Township v. SERB, 2007-Ohio-295 (10th Dist. 2007) (sustaining employerโ€™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).

Other Info About Jennifer

Education

Law School

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

Undergraduate School

Missouri State University, B.S. in Professional Writing, 2000,ย magna cum laude

Bar Memberships

Jennifer is licensed to practice in the following state(s):

Ohio, 2004

Kentucky, 2015

Courts

Jennifer is admitted to practice before the following court(s):

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

Recognition

Local & National Recognition

Selected to Ohioย Rising Stars, 2014-2015; selected to Kentucky Rising Stars, 2016-2018

Civic Activities

Civic & Charitable Organizations

Leadership Council on Legal Diversity: Law Student Mentor (2015-present)

Abilities First Foundation: Trustee, Secretary, andย Executive Committee Member, 2008-present

Wegerzyn Garden Foundation:ย Board Member, 2010-2012

Brownโ€™s Run Country Club: Trustee and Secretary, 2005-2010

Middletown Area United Way:ย New Business Account Manager, 2007

Middletown Area Chamber of Commerce: Steering Committee for Community Leadership, 2006-2007

Volunteer Lawyerโ€™s Project: Volunteer Attorney, 2004-2007; Volunteer of the Year, 2007

Middfest International: Executive Committee, 2005; Performing Arts Committee, 2004

Presentations

Jennifer was invited to speak at the following events:

FLSA Basics and the โ€œTerrible, Horrible, No-Good, Very-Badโ€ Change, BB&T Annual Non-Profit Seminar (Oct. 2016)

Major Publications

Jennifer is an author or contributor to the following publications:

Taxation of Executive Compensation โ€“ Planning and Practice, Chapter 1A โ€“ โ€œNegotiating and Drafting Executive Employment Agreementsโ€ (Matthew Bender 2017).

โ€œWishful thinkingโ€ wonโ€™t transform indefinite leave into reasonable accommodation,โ€ย KY Employment Law Letter, Vol. 27, No. 2 (Nov. 2016)

UPS driverโ€™s disability bias case upended by Kentucky lawโ€™s definition of โ€œdisability,โ€ย KY Employment Law Letter, Vol. 26, No. 10 (July 2016)

Kentucky professorโ€™s discrimination claim fails because of โ€œnew sheriff in town,โ€ย KY Employment Law Letter, Vol. 26, No. 8 (May 2016)

Vague gripes doom โ€œpencil-pusherโ€™sโ€ disability discrimination claim,ย KY Employment Law Letter, Vol. 26, No.ย 6 (March 2016)

Minor slights lead to โ€œreasonable beliefโ€ of major problem,ย ย 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)

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