Jeff is the practice leader for Stoll Keenon Ogden’s Labor, Employment & Employee Benefits group. Jeff is relied upon by clients as a trusted, responsive, and down-to-earth advisor. He has substantial experience litigating in state and federal courts and before administrative agencies, and regularly provides clients with advice on difficult workplace issues and legal compliance matters. Jeff also works closely with educational institutions, and has been certified as a Title IX Coordinator by the Association of Title IX Administrators (ATIXA).
Jeff represents employers across a range of industries, particularly manufacturing, transportation, education and finance. His clients include employers of all types, from private business to government agencies and nonprofit organizations.
Labor, Employment & Employee Benefits: Jeff regularly counsels employers on difficult workplace issues and is a sought-after speaker on employment law. While the services he provides cover a full range of employment areas, he has particular expertise with claims of discrimination, harassment and retaliation, FMLA/ADA leave and reasonable accommodation issues, and non-compete agreements.
Higher Education: Jeff has many years of experience advising public and private universities with respect to Title IX compliance, employment law, and other matters unique to faculty, students, and administrators of higher educational institutions.
Sports Law: Jeff applies his labor and employment experience to counsel one of the nation’s most successful collegiate athletics programs. He works with athletic directors, coaches and other staff, in offices and in courtrooms, helping them maintain their focus on the fields of competition.
Recognition
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®
• Best Lawyers®, Employment Law — Management, 2015-present
• Kentucky Super Lawyers® Honoree, 2019-2022
• Louisville Magazine Top Lawyer, Disability Law, 2014, 2016
Work Highlights
Breach of Contract
SKO represented an insurance company that was being sued in the U.S. District Court for the Western District of Kentucky by a paper products manufacturer for breach of an insurance contract. The manufacturer alleged that it had proven a covered loss under an employee theft policy and the insurer disagreed and denied many elements of the claim. At the trial court level, the manufacturer willfully violated multiple discovery orders and the court dismissed the manufacturer’s claims as a sanction. After the dismissal, the trial court denied the insurer’s motion for fees incurred litigating the dispute. The manufacturer appealed the trial court’s denial to the Sixth Circuit and the insurer cross-appealed the denial of fees. After briefing on the first appeal had concluded, the parties resolved all matters amicably. While the case did not result in an appellate decision, SKO was successful in preserving an important district court opinion levying a rare dismissal sanction for discovery misconduct.
Related Practices: Business Litigation, Appellate
Wrongful Termination
SKO represented a university that terminated one of its police officers after two episodes of misconduct that were detected through intradepartmental procedures. The employee appealed the termination through an internal appeal process, which concluded in a four-day de novo hearing before a neutral Hearing Officer from the Kentucky Attorney General’s office. The internal appeal was unsuccessful, and the employee appealed to Jefferson Circuit Court, arguing that the Hearing Officer’s recommendations were arbitrary and capricious and that the employee had been deprived of the procedural protections found within KRS 15.520, aka the Police Officer’s Bill of Rights. In response, the university explained that the Hearing Officer’s recommendations were well supported, that KRS 15.520 was only applicable when officer discipline was premised on a citizen complaint (and thus not applicable in an intradepartmental matter), and that even if the procedural protections of KRS 15.520 applied, any prejudice was cured through the four-day de novo hearing that the employee had been afforded internally. After the Circuit Court agreed with the university’s points and upheld the Hearing Officer, the employee appealed to the Kentucky Court of Appeals, where the same arguments were made. The Court of Appeals issued a 31-page opinion affirming the trial court on all points. The employee filed a motion for discretionary review which is currently pending. The case is a very meaningful one in the law enforcement community, particularly among non-unionized officers. Also, in reaching its decision, the Court of Appeals ruled as a matter of first impression that the university’s internal pre-hearing processes were constitutional.
Related Practices: Sports Law, Business Litigation, Appellate
News
118 SKO Attorneys Named to “2023 U.S. News Best Lawyers® in America”, Aug. 18, 2022
SKO Attorneys Selected to 2022 Kentucky Super Lawyers, Jan. 6, 2022
77 STOLL KEENON OGDEN ATTORNEYS HONORED IN “BEST LAWYERS IN AMERICA” 2022 Edition, Aug. 19, 2021
KENTUCKY SUPER LAWYERS RECOGNIZES 39 STOLL KEENON OGDEN ATTORNEYS, Dec. 11, 2020
73 Stoll Keenon Ogden PLLC attorneys are recognized in the 2021 edition of the Best Lawyers in America®, one of the most respected legal peer-review guides in the world., Aug. 20, 2020
COVID-19’s Impact on Workers’ Compensation Benefits in Kentucky and Indiana, Apr. 17, 2020
One Of My Employees Has Tested Positive For COVID-19. What Now?, Apr. 16, 2020
Kentucky Super Lawyers Recognizes 47 Stoll Keenon Ogden Attorneys, Nov. 27, 2019
SKO Attorneys Recognized Among 2020 Best Lawyers in America®, Aug. 15, 2019
Kentucky Super Lawyers Recognizes 52 Stoll Keenon Ogden Attorneys, Dec. 11, 2018
SKO Attorneys Recognized Among 2019 Best Lawyers in America, Aug. 15, 2018
SKO Attorneys Recognized Among Best Lawyers in America, Aug. 16, 2017
Best Lawyers in America Chooses 61 SKO Attorneys for 2017 Publication, Aug. 30, 2016
30 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 2, 2016
SKO Attorneys Recognized by Best Lawyers in America® 2016, Aug. 17, 2015
SKO Attorneys Recognized by Best Lawyers in America® 2015, Aug. 18, 2014
33 SKO Attorneys Named “Top Lawyer” by Louisville Magazine, Mar. 25, 2014
SKO Announces Five New Members of the Firm, Mar. 2, 2010
Publications
U.S. EEOC ISSUES NEW GUIDANCE ON RELIGIOUS VACCINE EXEMPTION REQUESTS, Nov. 1, 2021
Recent Changes to the Status of COVID-Related Paid Leave Under Federal Law, Jan. 26, 2021
U.S. Supreme Court Rules Title VII Prohibits Discrimination Against LGBT Employees, June 17, 2020
Helping Small Businesses and Small Firms Respond to the COVID-19 Pandemic, June 5, 2020
Re-opening Kentucky and Indiana’s Economies: A Summary, Apr. 29, 2020
New Department of Labor FAQs Provide More Clarity on Upcoming Paid Leave Requirements, Apr. 1, 2020
Kentucky and Indiana Unemployment Insurance Information and Resource, Mar. 26, 2020
Families First Coronavirus Response Act Signed Into Law, Mar. 19, 2020
Sixth Circuit Holds: Contract Provision Shortening Title VII Statutory Limitations Period is Unenforceable, Nov. 6, 2019
Misclassification of Workers as Independent Contractors Not a Violation of Federal Labor Law, Sep. 16, 2019
Employees May Take FMLA Leave For Medical Parent/Teacher Conferences, Sep. 11, 2019
NLRB Overrules Precedent: Property Owners May Exclude Off-Duty Contractor Employees From Premises, Sep. 4, 2019
Federal Appeals Court Finds the EEOC’s Criminal Background Check Guidance Unenforceable, Aug. 12, 2019
Kentucky Court of Appeals: Non-Lawyers May No Longer Represent Employers During Unemployment Proceedings, May 1, 2019
Kentucky Clarifies Accommodations for Pregnant Workers, Apr. 17, 2019
Senate Bill 7 Restores Kentucky’s Approval of Employment Arbitration Agreements, Mar. 15, 2019
Kentucky Employers Can’t Enforce Arbitration Agreements Required for Employment, Oct. 18, 2018
New NLRB rulemaking may change the joint-employer standard, Oct. 4, 2018
In Landmark Decision, U.S. Supreme Court Strikes Down Mandatory Union Fees, July 19, 2018
Five Reasons to Contact Your Labor and Employment Lawyer Now, Jan. 11, 2018
The Loan Zone: Curing Late Payments on Loans From Qualified Employer Retirement Plans, Nov. 29, 2017
Labor Secretary Confirms June 9, 2017, Effective Date for Investment Advice Conflict of Interest Rule, June 2, 2017
Is Your Website ADA Compliant?, May 17, 2017
U.S. Department of Labor to review investment advice conflict of interest rule, Mar. 24, 2017
Federal Court Blocks New Overtime Regulation, Nov. 23, 2016
Kentucky Supreme Court Strikes Down Local Minimum Wage Ordinance, Oct. 24, 2016
Six Surprising Ways Smartphones Can Get Your Business in Hot Water, Mar. 15, 2014
Present and Future Changes to FMLA, Aug. 1, 2008
Seminars
Getting Worker Classification Right, speaker, KYSHRM Conference, 2016
Disability Law Update, Kentucky Chamber of Commerce HR Update, speaker, 2013
Accommodation Without Surrender: Beyond the ADA Amendments Act, Kentucky Chamber of Commerce HR Update, speaker, 2012
Disability Law Update: The EEOC Redefines 'Disabled', Kentucky Chamber of Commerce HR Update, speaker, 2011
Kentucky Legal and Legislative Update, CUPA-HR Kentucky/Tennessee Regional Meeting, speaker, 2011
Kentucky Unemployment Insurance Law Update, Carl Warns Labor & Employment Law Institute, speaker, 2009
Just (Cause) Around the Corner?, American Bar Association Employee Rights & Responsibilities Committee Midwinter Meeting, speaker, 2009
Strong Foundations Make Strong Cases, American Bar Association National Labor & Employment CLE Conference, speaker, 2008
Strong Foundations Make Strong Cases. American Bar Association National Labor & Employment CLE Conference, speaker, 2007
Lawsuit Risks for the Professional Firm, Association of Legal Administrators Regional Conference, speaker, 2006
Avoiding Retaliation Claims: A Primer for Kentucky Employers, Stoll Keenon Ogden PLLC 2006 Employment Law Seminar, speaker, 2006
Affiliations
• American Bar Association, Employee Rights & Responsibilities Committee, 2004-present
• Louisville Bar Association: member, 2006-present; Board of Directors, 2010-2011; Communications Committee, 2007-2016; Labor and Employment Section Chair, 2009
• Metro United Way, Board of Directors, Executive Committee, 2016-present
• Boy Scouts of America, Lincoln Heritage Council Executive Board, 2018-present
• St. Francis in the Fields Episcopal Church, former senior warden, 2016; vestry member, 2014-2016
