Kathy Noecker advises employers regarding the complex array of workplace laws affecting businesses. She is recognized for developing practical business solutions to the most sensitive workplace issues. Responsive to her clients' needs, Kathy focuses on identifying long-term strategies and best practices to reduce business and legal risks. She represents public companies, privately held companies, emerging businesses and non-profits, taking into account the many legal, employee relations, public relations and other practical issues companies encounter in managing employment matters. Kathy is a member of the firm's management board and four-member executive committee.
Employee Relations Counseling and Compliance. Kathy assists clients with establishing and revising personnel policies and practices to reduce employment-related risks and maintain the flexibility needed to respond to changing business environments. Representative work includes:
- Advising businesses regarding hiring processes and practices, including non-discrimination, non-competition and trade secret issues, as well as background check requirements under the Fair Credit Reporting Act
- Preparing non-competition and confidentiality agreements
- Preparing and revising employee handbooks or other personnel policies, including anti-discrimination policies, anti-harassment policies and codes of conduct
- Advising employers regarding wage and hour issues under the Fair Labor Standards Act and state laws, including classification of employees as exempt or non-exempt for overtime purposes
- Conducting audits of employment practices and procedures
- Advising employers regarding immediate employment issues as they arise, such as discipline and discharge decisions, questions regarding employee rights under the Family and Medical Leave Act, obligations to provide reasonable accommodations to disabled persons and investigation of employee complaints of sexual harassment, including appropriate corrective actions
Reductions in Force; Plant Closings. In addition to assisting clients with plant closings, Kathy has advised numerous clients in developing and implementing plans for workforce reductions of all sizes—voluntary and involuntary programs, as well as union and non-union employees. She develops severance policies and plans, severance and release agreements, disclosures under the Older Worker Benefits Protection Act, and employee communications—minimizing exposure to claims from affected employees under federal, state and local discrimination and plant closing laws.
Executive Arrangements. A significant portion of Kathy's practice involves representing employers, boards of directors and compensation committees with respect to compensation, negotiation of employment and separation arrangements for executives at the most senior levels of an organization. Kathy is familiar with the key legal areas associated with executive arrangements and works closely with our corporate, securities, tax and employee benefits lawyers to develop a comprehensive approach for clients negotiating senior executive arrangements.
International Employment. Kathy also provides advice to clients on employment issues arising out of foreign operations. She has experience with employment issues in Canada, Latin America, Europe and Asia, and has worked extensively with Faegre Baker Daniels lawyers in London and Shanghai. Kathy has been active in the American Bar Association International Labor Law Committee for many years.
Litigation and Mediation. With broad and successful experience mediating and, if necessary, litigating employment issues for clients, Kathy is an invaluable resource for clients as an advisor regarding how employment decisions will be presented and defended if challenged by employees. Kathy has defended employers against claims of discrimination based on race, sex (including sexual harassment), age, disability, marital status, sexual orientation and other protected characteristics. She has also defended against contract claims and defamation, negligence and similar employment claims. In addition, Kathy has handled litigation involving the enforcement of non-competition agreements.