Jennifer Long practices management-side employment law with an emphasis on practical and efficient resolution of workplace-related issues. Ms. Long has provided legal counsel on all aspects of employment law to clients ranging from startups to local mid-market companies to major multinationals, in industries including health care, financial services, IT, retail, restaurants, construction and non-profit employers. She has provided day-to-day counsel on matters related to: employee misconduct investigations; wage and hour compliance; independent contractor and employee misclassification issues; leave of absence compliance; workplace investigations; code of conduct and restrictive covenant development and compliance; global restructurings and reductions in force; and employee liabilities related to multi-jurisdictional mergers and acquisitions.
Ms. Long also has been primary defense attorney in claims involving discrimination, harassment and employment practices, including those arising under Title VII, ADA, ADEA, FLSA, FMLA, WARN and equivalent state laws, including class actions. She has negotiated settlement and conciliation agreements with state and federal agencies on behalf of major corporate clients, as well as employment and separation agreements with senior executives, and has prepared and assisted in the implementation of multi-jurisdictional employee handbooks, policies and procedures. She also has both prosecuted and defended restrictive covenant enforcement actions, as well as defamation, breach of contract and other tort actions on behalf of employers in litigation involving former employees.
Ms. Long served as judicial extern to the Honorable Kenneth J. Ripple of the U.S. Seventh Circuit Court of Appeals.
Ms. Long is a summa cum laude graduate of the Valparaiso University School of Law, where she was note editor of the Valparaiso University Law Review, and a magna cum laude graduate of Valparaiso University.
- Advised two cannabis dispensary clients on employee hiring and labor peace agreement issues for their filing of a combined 36 cannabis adult recreational use dispensary licensure applications with the Illinois Department of Financial and Professional Regulation during the inaugural licensing process under the Illinois Cannabis Regulation and Tax Act.
- Counsel to privately-held bank in guiding human resources policies and practices, and providing training on various compliance issues, including wage and hour (FLSA) and leave of absence issues. Defend discrimination claims and provide advice on employee transfer issues arising out of multi-state acquisitions.
- Counsel to public elementary charter school network operators in guiding human resources policies, practices, and procedures to respond to various compliance issues, including leave of absence (FMLA/ADA) management, background check (FCRA) compliance, workplace and student conduct investigations, FOIA response advice, and other federal and state law compliance issues.
- Counsel to major international pharmaceutical packaging manufacturer in guiding human resources policies, practices, and procedures to respond to various compliance issues, including leave of absence (FMLA/ADA) management, background check (FCRA) compliance, workplace conduct investigations, defense of discrimination claims, and other federal and state law compliance issues.
- Represent numerous facilities in the health care industry, including skilled nursing, intermediate care for the developmentally disabled, hospitals, and physician practices. Act as outside employment counsel providing day-to-day guidance on employee liability issues; prepare and implement policies, procedures, and training; and conduct investigations. Defend numerous claims in federal and state courts and before various administrative agencies.
- Counsel to private elementary school on teacher contract termination and related issues arising out of child welfare agency investigation of teacher's on-premises conduct.
- Counsel to public elementary school's governing body on issues related to non-renewal of principal's contract. Principal's request for review of non-renewal decision resolved successfully in client's favor.
- Counsel to publicly traded payment processing company in conducting internal audits and guiding overhaul of human resources policies, practices, and procedures regarding wage and hour (FLSA) and leave of absence (FMLA/ADA) compliance. Prepared employee handbook compliant in all 50 states for multiple employee groups. Analyzed restrictive covenant and independent contractor liabilities in multiple jurisdictions.
- Counsel to major affordable housing employer in conduct of internal investigation of wage and hour compliance under state and federal law. Managed reclassification of numerous positions in manner which avoided all potential litigation.
- Counsel to numerous mid-market employers in multiple industries for the preparation and implementation of multi-jurisdictional policies and procedures, including comprehensive employee handbooks as well as restrictive covenants and arbitration agreements.
- Represented numerous major independent franchisors in the restaurant and other service industries. Acted as outside employment counsel providing day-to-day guidance on liability issues, prepared and implemented policies and procedures, and conducted investigations. Defended more than 150 claims in federal and state courts and before various administrative agencies. All matters won, averted or resolved to the employer's satisfaction.
- Avoided further legal action and the assessment of financial penalties and contracting bars by successfully defending several manufacturing, construction, retail and banking industry clients in wage payment actions brought by the U.S. Department of Labor's Office of Federal Contract Compliance and Illinois Department of Labor.
- Represented a fast-food industry client in the resolution of a sexual assault complaint. Avoided the filing of a threatened $1 million claim without payment to claimant.
- Enabled numerous U.S.-based public companies to protect their competitive positioning by advising them regarding the implementation of restrictive covenants and confidentiality agreements in up to 50 different countries concurrently.
- Assisted numerous U.S.-based public companies in implementing global Sarbanes-Oxley compliance programs and other corporate governance reforms by advising them in the implementation of employee policies, codes of conduct and ethics on a global basis.
- Obtained a temporary restraining order compelling a former management level employee to comply with his common law confidentiality obligations and to deliver his personal devices for forensic mitigation to delete client’s confidential information. Negotiated prompt settlement with former employee, as well as the competitor that lured the employee away, which included a new non-competition agreement.
- Represented retailers, online booking systems, and other public accommodations against both claims and class action lawsuits brought against them for failure to maintain accessible websites, allegedly in violation of Title III of the ADA.
- Represented packaging manufacturer and healthcare facility in defense of USDOL investigations of FMLA and FLSA compliance. Negotiated closure of investigations without enforcement actions and with no fines or penalties owed.
- Represented numerous health care industry clients (including hospitals, skilled nursing facilities, and intermediate care for the developmentally disabled) in the defense of lawsuits and charges raising discrimination, harassment, retaliation and related tort claims brought under Illinois state law. All cases dismissed or resolved favorably to the client.
- Represented national retail optical chain in nationwide ADA Title III public accommodation class action and other actions regarding access to optical examinations. Provided counsel through multi-year compliance program implemented to the client's satisfaction.
- Represented major financial services firms in defense of a number of Title VII, ADEA, ADA, FMLA, Sarbanes-Oxley whistleblower, and employment tort cases. All matters won, averted or resolved to the employer's satisfaction.
- Defended and prosecuted restrictive covenant and related business tort actions both on behalf of departing employee and new employer, and on behalf of former employer. All matters won, averted or resolved to client's satisfaction.
- Represented a large affordable-housing employer in defense of an FLSA collective action for unpaid wages and overtime based on misclassification as "exempt." Achieved a global court-approved settlement based only on the amount claimed by the individually named plaintiff after eliminating potential for class certification.
- Represented a major multinational fast-food franchisor in Title VII, § 1981 and employment tort case. Won dismissal on dispositive motion.
- Represented a closely held retail bank in administrative trial of customer's public accommodation discrimination claims. Won defense verdict and award of attorneys' fees for plaintiff's discovery abuses.
- Represented a large shopping-mall-based retail employer in defense of an FLSA collective action for unpaid wages and overtime based on misclassification as "exempt." Achieved a global court-approved settlement based only on the amount claimed by the individually named plaintiff after eliminating potential for class certification.
- On behalf of an IT industry client, won dismissal of 10 wage-and-hour claims before the Illinois Department of Labor and affirmation by the Office of Chief Legal Counsel, and avoided a potential 30-plus-claimant class action suit with the potential of more than $1 million in claims and criminal charges against company executives.
- Saved more than $200,000 on behalf of a client and avoided a state and/or federal contracting bar while acting as primary negotiator in the settlement of 100-plus class claims brought by the Illinois Department of Labor under the Illinois Prevailing Wage Act.
- Represented multiple fast-food industry clients in numerous ADA Title III public accommodation actions regarding access to restaurant services, including defense of nationwide class actions.
- Counsel to a test engineering and technical staffing services company on WARN Act issues related to its sale for $39 million.
- Counsel to a furniture retailer with approximately 40 locations in several states on WARN Act issues related to its sale for $42 million.
- Advised members and executive leadership of a closely-held electric motor manufacturer for the industrial and mass transit markets, on restrictive covenant, change of control and employee contract issues related to the sale of all their membership interests.
- Advised owners of a digital learning solutions company on employee contract issues related to the $53 million sale to a private equity fund of its subsidiary, a company that provides educational internet offerings.
- Advised a multi-state industrial services roll-up on employee transfer issues related to multiple acquisitions with asset value of more than $55 million.
- Counsel to a nationwide high-end restaurant chain regarding WARN Act and federal, state and local issues related to site closures and layoffs in numerous states.
- Counsel to major non-profit community center regarding employee transfer and federal and state WARN Act issues related to reorganization, bankruptcy and resulting sale.
- Advised a U.S. public company regarding employee transfers arising out of a $260 million acquisition involving more than 500 employees located in 36 jurisdictions.
- Advised a U.S. public company regarding employee transfer issues related to a $225 million acquisition involving employees domiciled in more than 20 countries.
- Advised a U.S. public company regarding the outsourcing of information technology and business processes in a transaction resulting in employee transfers in 39 countries.
Human Resources Counseling
Areas of Practice
- Employment and Labor Law
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- Duane Morris LLP
- Special Counsel, 2006-present
- Baker & McKenzie
- Senior Associate, 2000-2005
- Lord, Bissell & Brook
- Associate, 1996-2000
- American Bar Association
- Labor and Employment Law Section
- Illinois State Bar Association
- Chicago Bar Association
- Author, "Key Cannabis Issues for Illinois Employers in 2020," Duane Morris Cannabis Industry Blog, February 13, 2020
- Author, "Illinois Employers: 10 New Employment Laws You Need to Know for 2020 and Beyond," Duane Morris Alert, January 28, 2020
Author, "Illinois Becomes Fifth State to Pass $15 per Hour Minimum Wage Increase," Duane Morris Alert, February 21, 2019
Contributing author, Chapter 18, "Employee Mobility, Restrictive Covenants, and Trade Secrets," Recent Developments in Business and Corporate Litigation, (ABA Supp. 2019)
- Author, "Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination," Duane Morris Alert, April 6, 2017
- Author, "Multi-State Employers Face Additional Employee Compliance Requirements for Paid Sick Leave and Employee Applications," American Health Lawyers Association, Member Alert, August 2016
- Author, "City of Chicago Passes Paid Sick Leave Ordinance," Duane Morris Alert, June 27, 2016
- Author, Illinois Chapter, How to Hire and Fire – A Global Guide, Multilaw, 2015
- Author, "Guidance for Illinois Employers on Amendments to the Human Rights Act and a Reminder to All Employers Regarding Obligations to Women Affected by Pregnancy and Childbirth," Duane Morris Alert, June 17, 2014
- Author, "Illinois Bans Employers from Asking Employees or Applicants to Disclose Social Media Passwords," Duane Morris Alert, August 7, 2012
- Author, "EEOC Provides Guidance for Employers Preparing Employee Separation Agreements," Duane Morris Alert, July 24, 2009
- Author, "Executive Orders Signify Beginning of Obama Administration's Labor-Friendly Policies," Duane Morris Alert, March 3, 2009
- Co-author, "Employers Must Act Promptly to Comply with the Revised Family and Medical Leave Act Regulations," Duane Morris Alert, December 11, 2008
- Author, "Email and Attorney-Client Communications: A Primer for Creating Privilege Logs," ABA Commercial & Business Litigation, Spring 2008
- Author, "Amendment to Illinois Human Rights Act Opens Door for Jury Trials in State Courts," Duane Morris Alert, December 19, 2007
Quoted in "Pregnancy Discrimination Grows" by Nancy Hatch Woodward, HR Magazine, July 2005
- Co-Author, "Employment Considerations," Pre-Transaction Restructuring Handbook, P. Denwood ed., 2005
- Co-Author, "Old Wine in a New Bottle?" Final FLSA Overtime Coverage Regulations, 2004
- Author, "Employment Practice Liability Insurance," Litigation Insurance Disputes, § 18.04, E. Zulkey ed., 2001
Selected Speaking Engagements
- Speaker, "Legalized Marijuana & HR: The Law, Your Handbook, & Everything In Between," EPAY Systems, Webinar, February 27, 2020
Presenter, "Employment Policies After the Legalization of Marijuana...and other Employment Legal Updates," Illinois Nursing Home Administrators Association’s Annual Convention, November 8, 2019
Presenter, "Wage and Hour Quicksand for the Health Care Industry," Duane Morris Institute (DMi) Webinar, September 26, 2019
Presenter, "Key Legislative Updates for the Hourly Workforce: Salary History Bans and Predictive Scheduling Laws," HR.com Webinar, September 24, 2019
Speaker, "Responding to #MeToo: A Practical Look At Updating Your Anti-Harassment And Other Non-Discrimination Policies and Investigative Procedures," Illinois Health Care Association (IHCA) 69th Annual Convention & Expo, Springfield, Illinois, September 12, 2019
Speaker, "What’s Hot In Employment Law? Stay Out of The Fire and Comply with 2019 Changes to Employment Laws," Illinois Health Care Association (IHCA) 69th Annual Convention & Expo, Springfield, Illinois, September 12, 2019
Speaker, "What’s New for Illinois Employers in 2019: Illinois Workplace Transparency Act, Wage and Hour Updates, and Biometric Information Privacy News," Duane Morris' Developments in Workplace Law and Practice, Chicago, May 9, 2019
Speaker, "How to Maintain Your Employees’ Biometric Information Privacy and Avoid Liability With Confidence," HR.com Webcast, May 30, 2019
Speaker, "Hot HR Issues Rounding Out 2018 and Beyond," EPAY Systems Customer Advisory Board, November 16, 2018
Speaker, "What's New for Illinois Employers in 2018: Strategies for Preventing #MeToo Claims, Pay Parity Issues, and the Biometric Information Privacy Act," Developments in Workplace Law and Practice, Chicago, June 5, 2018
Speaker, "We Have a Policy on That--Don't We?" Thinking Outside the Box, Illinois Nursing Home Administrators Association, East Peoria, Illinois, February 28, 2018
- Speaker, "2017 Employment Law Updates for Health Care Employers," Illinois Healthcare Association 67th Annual Convention, Peoria, Illinois, September 13, 2017
- Speaker, "'Are you ever coming back to work?' Dealing with Employee Leave of Absence and Accommodation Issues," Illinois Healthcare Association 67th Annual Convention, Peoria, Illinois, September 13, 2017
- Speaker, "What's New For Employers in 2016," Illinois Healthcare Association 66th Annual Convention, Peoria, Illinois, September 15, 2016
- Speaker, "What's New for Illinois Employers in 2017: Expect the Unexpected from the Trump Administration, Illinois Restrictive Covenants Developments, Sick Leave in Chicago and Illinois," Developments in Workplace Law and Practice, Chicago, May 25, 2017
- Speaker, "What's New for Illinois Employers in 2016: Changes to FLSA White Collar Exemption Rules, Amendments to Unemployment Insurance Act, Paid Sick Leave and More," Developments in Workplace Law and Practice, Chicago, May 25, 2016
- Speaker, "Criminal Background Checks: From Fingerprints to Facebook: Dos and Don'ts," Leading Age Illinois, Schaumburg, Illinois, April 6, 2016
- Speaker, "What's Hot in Employment Law? Ensure Your Facility Stays Out of the Fire and Complies," Illinois Healthcare Association 65th Annual Convention, Peoria, Illinois, September 17, 2015
- Speaker, "Illinois Employment Law Update," Developments in Workplace Law and Practice, Chicago, June 4, 2015
- Co-presenter, "What is new for Employers: Wellness Programs under HIPAA and the Proposed EEOC Regulations," Duane Morris Institute seminar, May 12, 2015
- Speaker, "What Are Your Employees Up To? Social Media, Criminal Conduct, Computer Use and Cell Phones, Oh My!" Illinois Health Care Association's 64th Annual Convention and Trade Show, Peoria, Illinois, September 9, 2014
- Speaker, "Illinois Employment Law Update: Medical Marijuana Use, Concealed Carry Of Firearms, Restrictive Covenants and Same Sex Marriage," Developments in Workplace Law and Practice, Chicago, May 22, 2014
- Speaker, "What Are Your Employees Up To? Social Media, Criminal Conduct and Other Policies," Developments in Workplace Law and Practice, Chicago, May 22, 2014
- Speaker, "The Never-Ending Battle Over Employee Absences: Complying with the FMLA and ADAAA," Developments in Workplace Law and Practice, Chicago, May 22, 2014
- Speaker, "Wage-and-Hour Pitfalls: Updates From The U.S. Supreme Court, Department Of Labor And The Obama Administration," Developments in Workplace Law and Practice, Chicago, May 22, 2014
- Speaker, "Federal Contractors: New VEVRAA/Section 503 Requirements," Developments in Workplace Law and Practice, Chicago, May 22, 2014
- Speaker, "What Should Your HR Professionals Know Before Googling or Friending Employees or Applicants?", Developments in Workplace Law and Practice, May 24, 2011
- Panelist, "The Road Less Traveled: Alternative Schedules," Avenues to Advancement: Ms. JD's Third Annual Conference on Women in Law, November 21, 2009
- Speaker, New FMLA Regulations, 2008
- "Countdown to Compliance," Final FLSA Overtime Coverage Regulations, 2004
- New Employment Regulations and Supreme Court Decisions, 2003