Kathryn R. Brown practices in the area of labor and employment law. She is admitted to practice in Ohio, Pennsylvania and New Jersey.
Ms. Brown advises employers on a range of workplace issues, including compliance with federal, state and local laws governing employees. Ms. Brown counsels clients in various sectors including higher education, healthcare, energy, financial services and retail. She is a member of the firm's Fashion, Retail and Consumer Branded Products, Education and Cannabis industry groups.
Ms. Brown represents employers in litigation and administrative matters, including investigations by the EEOC, DOL and OSHA. She provides guidance and training on matters including: hiring and onboarding; managing risks in employee discipline and terminations; workplace investigations of alleged harassment or discrimination; wage and hour compliance; independent contractor and exempt/non-exempt classification; leaves of absence; the interactive process of medical and religious accommodations; and implementing reductions in force, including by drafting severance agreements and advising on employee relations issues concerning the transition of departing and remaining employees.
Ms. Brown defends employers in litigation and administrative matters before government agencies, including the EEOC, DOL and OSHA. She provides day-to-day advice to employers on matters including: hiring and onboarding; managing risks in employee discipline and terminations; wage and hour compliance; independent contractor and exempt/non-exempt classification; leaves of absence; the interactive process of medical and religious accommodations; and implementing reductions in force.
Ms. Brown prepares employee handbooks and policies that are tailored to the employer's industry, geographical footprint and workforce.
Ms. Brown is a member of the Labor & Employment Law Committee of the Columbus Bar Association. She has served on the Duane Morris Recruitment and Retention Committee and the Associates Committee.
Ms. Brown volunteers as an alumna interviewer for Vanderbilt University Law School.
Areas of Practice
- Employment Counseling and Advice
- Employment Litigation
- Employee Policy Development
- Pro bono representation of applicants for U.S. citizenship
Representative Matters
Represented Fultra, a Mexico-based provider of motor transportation equipment and parts in North America and parent company of Fruehauf, in its acquisition of East Manufacturing, an aluminum trailer maker.
Represented IQVIA Inc. (NYSE: IQV), a leading global provider of advanced analytics, technology solutions and clinical research services to the life sciences industry, in connection with its acquisition of all shares of capital stock of Cronos Clinical Consulting Services Inc., a leading global provider of specialty clinical service solutions with the goal of improving data quality in clinical trials.
Obtained summary judgment for non-profit organization in putative class and collective action alleging novel issues of independent contractor misclassification and race discrimination, resulting in dismissal of all FLSA and Pennsylvania state law minimum wage and overtime claims, ERISA claims, and race discrimination claim.
Won motion to dismiss entire complaint filed with Pennsylvania Human Relations Commission alleging claims of discrimination, retaliation and failure to accommodate.
Represented automotive industry employer in compensation dispute with former executive.
Assisted in representation of national cosmetology school in matter involving putative class and collective action claims in which students alleged they were owed wages for time spent in school clinics.
Negotiated pre-suit settlement of threatened claims of disability discrimination and failure to accommodate on behalf of medical professional.
Obtained dismissal of NLRB Unfair Labor Practice charge alleging unlawful discharge based on protected concerted activities.
Represented construction company cited by OSHA for serious violations, successfully advocating for reduction in proposed penalties and extension of abatement deadline.
Represented restaurant in wage and hour government audit in which violations were alleged of failure to pay minimum wages and overtime wages.
Obtained settlement that the client found favorable of federal lawsuit alleging race discrimination claims.
Obtained favorable resolution through mediation of lawsuit against printing industry employer involving claims of disability discrimination and retaliation under the New Jersey Law Against Discrimination.
Obtained dismissal of disparate impact claim under the Age Discrimination in Employment Act on behalf of a hospital.
Obtained dismissal of an EEOC charge alleging race discrimination on behalf of a non-profit in the healthcare industry.
Successfully defended owner of nursing home against a TRO and Motion for Preliminary Injunction filed to enjoin the sale of the nursing home where the sale was not conditioned on the buyer assuming the collective bargaining agreement.
Developed employee handbook policies for education non-profit organization.
Represented Jamaican citizen in achieving Legal Permanent Resident status from the U.S. Citizenship and Immigration Services and a visa from the U.S. Department of State, allowing her to reunite with her spouse in the United States.
Pursuant to court appointment, successfully advocated before state parole board for parolee to remain in mental health treatment programs rather than have parole revoked for parole violation.
Represented a Russian citizen and domestic violence survivor in obtaining lawful permanent residency in the United States under the Violence Against Women Act.
Represented a long-time lawful permanent resident in achieving his goal of U.S. citizenship, successfully advocating for her client to be exempt from the literacy portions of her client's citizenship examination, based on his disabilities.
Pro Bono
Admissions
- Pennsylvania
- New Jersey
- Ohio
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the District of New Jersey
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
Education
- Vanderbilt University Law School, J.D., 2012
- Student Writing Award Winner, Vanderbilt Journal of Entertainment & Technology Law - University of Pennsylvania, B.A., magna cum laude
Experience
- Duane Morris LLP
- Associate, 2012-present
- Summer Associate, 2011 - U.S. District Court for the Eastern District of Pennsylvania
- Law Clerk to the Hon. Gene E.K. Pratter, 2013
Civic and Professional Activities
- Columbus, OH Bar Association
- Labor & Employment Law Committee
- Federal Court Committee - Vanderbilt University Law School, Alumni Admission Interviewer
- Citizen Police Academy 2024, New Albany Police Department
- Former Steering Committee Member, Emerging Leaders Circle, Greater Philadelphia Cultural Alliance
- Society for Human Resource Management (SHRM)
Honors and Awards
- Named to Best Lawyers "Ones to Watch," 2023-2025
No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.
Selected Publications
- Co-author, "Sixth Circuit Leaves Class Certification Order Intact In Securities Fraud Case And Denies Rule 23(f) Petition To Appeal," Duane Morris Class Action Defense Blog, September 13, 2024
- Author, "Taking Inventory of Regulatory Developments for Retail Employers in 2024," Duane Morris Fashion, Retail and Consumer Branded Products Blog, July 25, 2024
- Co-author, "No Standing, No Settlement: Sixth Circuit Vacates Settlement In Class Action Lawsuit Challenging COVID-19 Vaccine Mandate," Duane Morris Class Action Defense Blog, June 5, 2024
- Author, "DOL Raises the Threshold Salary for Exempt Status Under the FLSA: What the Overtime Expansion Means for the Education Sector," Duane Morris UpdatED Blog, May 6, 2024, Republished by Mondaq Business Briefing, May 13, 2024
- Author, "EEO-1 Filing Deadline Is Fast Approaching for Large Cannabis Employers," Duane Morris Cannabis Blog, April 18, 2024
- Co-author, "Sixth Circuit Is First to Weigh In On Pizza Driver Mileage Reimbursement Battle And Rejects DOL Interpretation," Duane Morris Class Action Defense Blog, March 16, 2024
- Co-author, "Ohio Federal Court Decertifies FLSA Collective Action In Latest Application Of Sixth Circuit’s “Strong Likelihood” Standard," Duane Morris Class Action Defense Blog, March 6, 2024
- Co-author, "New Rules for Ohio Employers in 2024," Duane Morris Alert, February 20, 2024, Republished by VitalLaw, February 28, 2024
- Co-author, "Virginia Federal Court Authorizes $2.4 Million Award For ERISA Severance Plan Benefits In WARN Act Class Action," Duane Morris Class Action Defense Blog, January 26, 2024
- Co-author, "Michigan Federal Court Sets Scope Of Discovery Relevant For FLSA Certification Motions In The Sixth Circuit," Duane Morris Class Action Defense Blog, January 15, 2024
- Contributor, Duane Morris Class Action Review – 2024, January 9, 2024
- Author, "5th Circuit: ‘Ultimate Employment Decisions’ Aren’t the Only Covered Employer Actions," SHRM Court Report, December 11, 2023
- Author, "Prepare Workplace Policies for Legalized Cannabis," Columbus Business First: Legal Connections, November 24, 2023
- Author, "Ohio Is Poised To Become The Next State to Legalize Cannabis For Adult Use," Duane Morris Cannabis Blog, October 24, 2023
Co-author, "In The Latest Application of the Sixth Circuit’s Novel “Strong Likelihood” Standard, Ohio District Court Denies Plaintiffs’ Motion to Issue Notice of FLSA Overtime Lawsuit," Duane Morris Class Action Defense Blog, Republished by Lexblog, October 3, 2023
- Co-author, "Ohio Federal District Court Authorizes Notice Of FLSA Claims In Step One Of The Two-Step “Strong Likelihood” Test And Certifies Rule 23 Class," Duane Morris Class Action Defense Blog, September 11, 2023
- Co-author, "Ohio Federal Court Grants Conditional Certification In Wage & Hour Collective Action Under The Sixth Circuit’s New “Strong Likelihood” Standard," Duane Morris Class Action Defense Blog, August 29, 2023
- Co-author, "Ohio Federal Court Denies Conditional Certification In An Early Application Of The Sixth Circuit’s “Strong-Likelihood” Standard, Signaling A New Normal For Wage & Hour Lawsuits," Duane Morris Class Action Defense Blog, July 14, 2023
- Author, "Sixth Circuit Creates New Playbook for Wage and Hour Litigation," Columbus Business First: Legal Connections, July 7, 2023
- Co-author, "Sixth Circuit Adopts Heightened Standard For Certification Of FLSA Collective Actions," Duane Morris Class Action Defense Blog, May 23, 2023
- Author, "Lesser Discipline Given to Male Employee Not Enough to Prove Sex Discrimination," SHRM.org, Republished by HR Magazine, May 15, 2023
- Author, "Mind Your Managers," Columbus Business First: Legal Connections, March 17, 2023
- Author, "3rd Circ. Harassment Ruling Supports Proxy Liability Theory," Law360, February 23, 2023
- Co-author, "Probe Shows OSHA Regulating Cannabis Cos. Like All Others," Law360, February 15, 2023
- Co-author, "How NJ Employers Should Plan For State WARN Act Overhaul," Republished by Law360, January 24, 2023
- Author, "Is Your Business OSHA-Ready? Health and Safety Implications for Cannabis Industry Workplaces," Duane Morris Cannabis Blog, January 11, 2023
- Co-author, "Changes to Posting Requirements Prompt New Jersey Employers to Ensure Compliance," Duane Morris Alert, September 14, 2022, Republished by VitalLaw and SHRM, September 19, 2022
Author, “Ohio Overtime Law Will Look More Like the FLSA Starting in July 2022,” Lexology.com's The Legal Dish, June 27, 2022 (originally posted on Duane Morris Institute Blog, June 23, 2022)
- Co-author, "New Jersey Employers: Plan Ahead for the Long-Delayed Overhaul of the State's WARN Act," Duane Morris Alert, June 8, 2022, Republished by VitalLaw, June 13, 2022
- Author, "Making the Most of Virtual Job Interviews," TLNT, June 8, 2021
- Co-author, "A New Landscape for Ohio Employers Takes Shape in Spring 2021," Duane Morris Alert, February 25, 2021
- Co-author, "Ohio Governor Unveils Industry-Specific Protocols for 'Responsible Restart Ohio' Amid the COVID-19 Crisis," Duane Morris Alert, April 28, 2020
Author, "5 Strategies for In-house Counsel to Enhance Their Organization's Workplace Culture in the Era of #MeToo," ACC Docket, July/August 2019
Author, "Time Crunched? A Three-Part Series on Strategies for Boosting Your Productivity as an HR Professional," Duane Morris Institute Blog, July 11, 2018
- Co-author, "Background Checks: Hiring Essential Or Barrier To Reentry?," Law360, June 8, 2017
- Author, "Philadelphia City Council Follows Massachusetts in Passing Legislation to Ban Inquiries into Wage History," Duane Morris Alert, December 21, 2016
- Co-author, "Charting the Rise of Retaliation Claims: EEOC Issues New Enforcement Guidance on Workplace Retaliation," Duane Morris Alert, September 7, 2016
- Author, "U.S. Department of Labor Issues Updated Posters, Effective August 2016," Duane Morris Alert, August 12, 2016
- Co-author, "How the New Overtime Rules Will Impact Employers Nationwide," Duane Morris Alert, May 20, 2016
- Co-author, "OFCCP Implements New Directive on Functional Affirmative Action Programs," Duane Morris Alert, May 20, 2016
- Co-author, "Navigating Pennsylvania's New Medical Marijuana Act: What Employers Need to Know," Duane Morris Alert, May 17, 2016
- Author, "Philadelphia Expands "Ban the Box" Ordinance to Further Restrict the Consideration of Criminal Background Records in Hiring Decisions," Duane Morris Alert, December 22, 2015
- Co-author, "Considerations for Employers in Light of Supreme Court's Ruling Requiring All States to Recognize Same-Sex Marriage," Duane Morris Alert, June 29, 2015
- Co-author, "New Jersey Supreme Court Rules on Proper Test for Determining Independent Contractor Status," Duane Morris Alert, January 20, 2015
- Author, "4 Risks Employers Face With One-Size-Fits-All Dress Codes," Law360, April 30, 2014
- Co-author, How to Hire and Fire: A Global Guide, 4th Edition (USA – Delaware, 2013)
- Co-author, "New Jersey Joins Growing Number of Jurisdictions Banning Employers from Requesting Access to Social Media Accounts," Duane Morris Alert, September 3, 2013
- Contributing Researcher, "Medical Marijuana and the Workplace," Employment Relations Today, April 2013
- Co-author, "Hospitals Must Re-Evaluate Subcontractor Status," Law360, April 16, 2013
- Author, "Landmark Ruling Expands OFCCP Subcontractor Coverage to Healthcare Providers," Duane Morris Alert, April 3, 2013
- Co-author, "New Forms for FCRA Background Checks Effective January 1, 2013," Duane Morris Alert, November 2, 2012
- Author, "Dispute over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies," Duane Morris Alert, November 1, 2012
- Author, "The Risks of Taking Facebook at Face Value: Why the Psychology of Social Networking Should Influence the Evidentiary Relevance of Facebook Photographs," 14 Vand. J. Ent. & Tech. L. 357 (2012)
Media Hits
Quoted, "Think Tank COO Sex Harassment Case Poses ‘Proxy’ Liability," Bloomberg Law, Daily Labor Report, June 21, 2022
Selected Speaking Engagements
- Guest "Episode 71: WARN Act Class Actions In The Era Of Remote Work," The Class Action Weekly Wire, Podcast, August 29, 2024
- Co-presenter, "Workplace Harassment Prevention - What EEOC's New Guidance Means for You," Brightmine, Webinar, August 15, 2024
- Speaker, "Extended Orientation: Time Management Tips for Associates," Duane Morris, Virtual, August 7, 2024
- Presenter, “Teens in the Workplace,” Webinar, Duane Morris Institute, June 6, 2024
- Speaker, "Midwest States Legal Update," Duane Morris Institute (DMi) Webinar, March 9, 2023
- Speaker, "HR in the Heartland: Compliance Action Items for Illinois and Ohio Employers," Duane Morris Institute (DMi) Webinar, September 20, 2022
- Speaker, "Time Management Tips for Summer Associates," Duane Morris, Virtual, July 1, 2021
Presenter, "Why Does Jared Make More Than Keisha? And Other Pay Equity Issues that May be Lurking in Your Workplace," Webinar, Duane Morris Institute, July 11, 2019
Speaker, "Pay Equity: Legislative Trends and Practical Takeaways," Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 7, 2019
Speaker, "Time Management, Delegation and Productivity Tips," Duane Morris, Philadelphia, March 25, 2019
Presenter, "Strategies to Consider in Taking a Termination to Trial," Philly SHRM, Emerging Leaders Career Development Series 2019, Philadelphia, PA, March 5, 2019
Presenter, "It’s the Culture: Getting to the Root of Gender Bias," Pennsylvania Chamber of Business and Industry, Hershey, PA, November 27, 2018
Presenter, "Workplace Law for Educators," Charter School, Philadelphia, November 17, 2017
Co-presenter, "Strategies to Consider in Taking a Discipline Decision to Trial," Duane Morris Institute Seminar, Philadelphia, November 15, 2017
- Speaker, "Strategies to Consider in Taking a Discipline Decision to Trial," Duane Morris Institute (DMi), June 20, 2017
- Speaker, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 3, 2017
- Speaker, "Updates to the NLRA, FLSA and OSHA," 2016 Annual Lawyer/Chief Executive Conference, Pennsylvania Rural Electric Association, State College, Pennsylvania, October 5, 2016
- Speaker, "Recent NLRB Decisions That Impact both Union and Non-Union Employers," Duane Morris' Developments in Workplace Law and Practice 2016, Philadelphia, May 11, 2016
- Panelist, "Managing Your Career and Creating a Professional Development Plan," Duane Morris, Philadelphia, March 23, 2016
- Speaker, "Federal Wage and Hour Rules and Pennsylvania Background Check Rules for Child Safety," 2015 Annual Lawyer/Chief Executive Conference, Pennsylvania Rural Electric Association, State College, Pennsylvania, October 8, 2015
- Speaker, "Limiting Litigation Risks and Costs (and Promoting Positive Employee Relations)," Duane Morris' Developments in Workplace Law and Practice 2015, Philadelphia, May 14, 2015
- Speaker, "The NLRB's New Election Rules and Other Rules about Rules," Duane Morris' Developments in Workplace Law and Practice 2015, Philadelphia, May 14, 2015
- Co-presenter, "Strategies to Consider in a Termination that Might Go to Trial," Duane Morris Institute Seminar, Philadelphia, October 22, 2014
- Speaker, "Background Checks: Criminal, Credit and Social Media," Duane Morris' Developments in Workplace Law and Practice 2014, Philadelphia, May 8, 2014
- Co-presenter, "Trying a Labor Arbitration Case," Duane Morris, Philadelphia, November 18, 2013
- Co-presenter, "Religious Accommodations: Clash of Rights," Duane Morris Institute Seminar, Philadelphia, November 6, 2013
- Co-presenter, "Practical Tips for Drafting Severance Agreements," Duane Morris, Philadelphia, December 17, 2012
Pro Bono
- Represented Jamaican citizen in achieving Legal Permanent Resident status from the U.S. Citizenship and Immigration Services and a visa from the U.S. Department of State, allowing her to reunite with her spouse in the United States
- Pursuant to court appointment, successfully advocated before state parole board for parolee to remain in mental health treatment programs rather than have parole revoked for parole violation.
- Represented a Russian citizen and domestic violence survivor in obtaining lawful permanent residency in the United States under the Violence Against Women Act.
- Represented a long-time lawful permanent resident in achieving his goal of U.S. citizenship, successfully advocating for her client to be exempt from the literacy portions of her client's citizenship examination, based on his disabilities.
- Developed employee handbook policies for non-profit organization serving middle school and high school students.