Summary

Josephine S. Floyd dedicates her practice to working with employers to anticipate, identify, and resolve labor and employment-related compliance issues and litigation risks in today’s ever-evolving workplace. Among her accomplishments, Josephine is listed in the 2015-17 editions of “Ohio Rising Stars,” by Ohio Super Lawyers. Josephine devotes a significant portion of her practice to proactively counseling employers with respect to litigation prevention and overall compliance with state, federal, and administrative laws and regulations, which includes reviewing and revising employee manuals and policies; reviewing and counseling management regarding termination decisions (including large-scale layoffs/reductions-in-force); performing exempt-status classification audits; and providing training to employees on various key employment policies and issues, including those related to employee leave, employee privacy, discrimination, harassment and retaliation, social media and the digital workplace and other matters. In addition, Josephine is experienced in drafting various employment agreements, including noncompetes and severance agreements.

Josephine has significant experience representing employers in all facets of employment-related litigation. She routinely defends employers against single-plaintiff claims, in both state and federal court, arising under Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and comparable state laws. Josephine also has substantial experience defending employers in class and collective action disputes, including wage and hour litigation involving claims of allegedly unpaid meal and/or rest breaks; unpaid overtime; off-the-clock work; and/or exempt status misclassification as well as Employee Retirement Income Security Act (ERISA) withdrawal liability disputes. In addition, Josephine regularly handles charges filed with the United States Equal Employment Opportunity Commission (EEOC) and its state equivalents, and the National Labor Relations Board (NLRB).

While based in the firm’s Cleveland office, Josephine routinely provides counsel to multi-state employers. In the past year, she has handled matters arising in Alabama, Arkansas, California, Colorado, Illinois, Oregon and Virginia.

Josephine brings a sophisticated, yet practical, approach to helping employers identify innovative solutions to workplace issues – from the common to the complex.

At Hahn Loeser 

Her recent experience includes:

  • Advised industry leader in revenue cycle management as to its obligations under the Worker Adjustment and Retraining Notification (WARN) Act in connection with the client’s acquisition and restructuring of a multi-state subdivision of another business, which involved leasing hundreds of employees who would be discharged after a transition period, including preparing and coordinating appropriate WARN notices and retention strategies for the client throughout the transitional period.
  • Successfully obtained dismissal with prejudice of motion for temporary restraining order and preliminary injunction and verified complaint filed against client who sought to hire long-tenured, executive-level sales professional of major direct competitor to work in a similar position for the client.
  • Successfully and swiftly obtained dismissal (within two weeks of filing position statements) of a series of unfair labor practices charges filed in close proximity to union campaign against a local food manufacturer by several individual employees known to support unionization of the workplace and the union that has been seeking to become the bargaining representative for certain of the client’s employees for many years.
  • Successfully obtained highly favorable settlements of several employment disputes involving claims of sex and pregnancy discrimination, constructive discharge, exempt status misclassification and failure to pay overtime compensation under the FLSA, and retaliation, resulting in avoidance of costly and time-consuming litigation.

Credentials

Education

Harvard A.B. 2001

 

University at Buffalo Law School, State University of New York J.D. 2004

Bar Admissions

State of Ohio

 

U.S. Court of Appeals for the Sixth Circuit

 

U.S. District Court for the Northern District of Ohio

 

U.S. District Court for the Southern District of Ohio