Kevin E. Vance represents businesses in litigation matters, including those involving employees. He also advises businesses on compliance with federal, state, and local laws involving the employment relationship. Mr. Vance is Board Certified by the Florida Bar in Labor and Employment law. He is also AV® Preeminent Peer Review rated by Martindale-Hubbell.
Mr. Vance represents businesses in a wide variety of litigation matters, including matters alleging breach of contract, breach of non-compete covenants, misappropriation of trade secrets, wrongful termination, whistleblowing, employment discrimination/retaliation, negligence, and unpaid wages. He has particular experience representing companies engaged in the healthcare, transportation, manufacturing, staffing, and hospitality industries. Mr. Vance also represents businesses in ERISA litigation matters and ADA public accommodation lawsuits.
In addition to litigation in state and federal courts, Mr. Vance also represents businesses before the Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor, and various state and local agencies.
Finally, Mr. Vance counsels businesses on a wide variety of labor and employment matters, and drafts employee handbooks, employment agreements, releases, settlement agreements and opinion letters. He is also a frequent lecturer on labor and employment law topics.
Mr. Vance is a graduate of Vanderbilt University and of the University of Cincinnati College of Law. He is a native of Louisville, Kentucky.
- Represented nationwide funeral home company in breach of employment contract suit brought by top executive. The arbitrator decided in favor of the funeral home company on the breach of employment contract claim. (American Arbitration Association 2018).
- Represented international luxury hotel company in employment discrimination/retaliation arbitration. The arbitrator decided in favor of the hotel on all claims. (American Arbitration Association 2017).
- Represented a healthcare provider in an Family and Medical Leave Act (FMLA) action brought by a former high-level finance department employee. The court dismissed the case, with prejudice, on the grounds of res judicata. Kardys v. Leon Medical Centers, Inc. (S.D. Fla. 2012).
- Represented a diagnostic testing provider in a Title VII and Florida Civil Rights Act action. The plaintiff claimed she was terminated in retaliation for her alleged complaints about race discrimination. The court granted summary judgment for the company. Butts v. Ameripath, Inc., 794 F.Supp.2d 1277 (S.D. Fla. 2011).
- Represented a diagnostic-testing provider in an action brought under the Florida Whistleblower's Act by a plaintiff who claimed that he was terminated in retaliation for lodging an OSHA complaint. The court granted summary judgment for the company. Trussell v. Quest Diagnostics, Inc., 2010 U.S. Dist. LEXIS 58729 (M.D. Fla. 2010).
- Represented a diagnostic-testing provider in an action brought under Title III of the Americans with Disabilities Act and various state laws by a plaintiff who alleged that the company failed to reasonably accommodate her disabilities. The court dismissed all but the ADA claim, which was settled for a small sum. Gutman v. Quest Diagnostics Clinical Laboratories, Inc., 707 F. Supp. 2d 1327 (S.D. Fla. 2010).
- Represented a motorcoach-services provider in a collective action brought by 63 plaintiffs for violations of the overtime and minimum-wage provisions of the Fair Labor Standards Act, with four of the plaintiffs alleging violations of the Florida Whistleblower Act. On defendant's motion for summary judgment, the court dismissed 62 of the plaintiffs' minimum wage claims, 48 of the overtime claims, and all four of the whistleblower claims. Walters v. American Coach Lines of Miami, 569 F. Supp. 2d 1270 (S.D. Fla. 2008), aff'd, 575 F.3d 1221 (11th Cir. 2009).
- Represented a transportation-services company in a collective action brought initially by 165 bus drivers under the Fair Labor Standards Act. Several plaintiffs withdrew from the action, and the court struck the opt-in notices of 126 plaintiffs who failed to participate in discovery. The company subsequently settled with the remaining 35 plaintiffs. Pluviose v. American Coach Lines of Orlando, Inc. (M.D. Fla. 2009).
- Represented a life insurance company in a breach-of-contract action brought against former employees who had breached their severance agreements by filing employment lawsuits in Brazil. The Florida Third District Court of Appeal reversed the trial court's grant of summary judgment in favor of the defendants and ordered that summary judgment be entered for the company. AXA Equitable Life Insurance Co. v. Gelpi, 12 So. 3d 783 (Fla. 3d Dist. Ct. App. 2009).
- Represented a nonprofit organization in an age-discrimination action. The plaintiff and two witnesses testified during depositions that when the chief executive had fired plaintiff, he had told her that he needed someone younger. The district court granted summary judgment for defendant. Mora v. Jackson Memorial Foundation, 2008 U.S. Dist. LEXIS 104072 (S.D. Fla. 2008).
Areas of Practice
- Labor and Employment Law
- Employment Litigation
- Commercial/Business Litigation
- Labor Management Relations
- Supreme Court of the United States
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Southern District of Ohio
- University of Cincinnati College of Law, J.D., 1998
- Vanderbilt University, B.A., 1995
- Duane Morris LLP
- Partner, 2010-present
- Epstein Becker & Green, P.C.
- Associate, 2005-2008
- Partner, 2009-2010
- Greenspoon Marder, P.A.
- Board of Directors, Sunrise Community, Inc., Interim Chairman, 2016
- Greater Miami Chamber of Commerce, Human Resources Committee
- Chairman, 2016-2017
- Vice Chair, 2014-2015
- Human Resource Association of Broward County, Legislative Affairs Director, 2013-2014
- Academy of Florida Management Attorneys
- American Bar Association, Labor and Employment Law Section
- The Florida Bar, Labor and Employment Section
- Boca Raton Chamber of Commerce
- Greater Miami Chamber of Commerce, Leadership Miami, 2009-2010 Class
Honors and Awards
Listed in Chambers USA: America's Leading Business Lawyers, 2017-2019
- Board Certified in Labor and Employment Law, The Florida Bar Board of Legal Specialization and Education
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
- Co-author, "Supreme Court Passes on Challenge to Extension of Title III to Websites and Mobile Apps," Duane Morris Alert, October 10, 2019
Co-author, "Labor Department Increases Minimum Salaries Required to Meet FLSA Exemptions," Duane Morris Alert, September 25, 2019
Co-author, "Dept. of Labor Proposes to Increase Minimum Salaries Required to Meet FLSA Exemptions," Duane Morris Alert, March 15, 2019
- Author, "Relationships With Referral Sources May Be Protectable Under Florida's Non-Compete Law," Duane Morris Alert, September 19, 2017
- Author, "Using Payroll Cards To Pay Employees' Wages," Law360, December 6, 2016
- Quoted, "Medical Marijuana: What Lies Ahead for the Sunshine State?" South Florida Legal Guide, 2016 Financial Edition
- Co-author, "U.S. Supreme Court Endorses Employer Efforts to 'Pick Off' Named Plaintiff in FLSA Collective Action, but Declines to Resolve Circuit Split Regarding Mootness Issue, Duane Morris Alert, April 22, 2013
Selected Speaking Engagements
- Moderator, "Intellectual Property: Have You Protected Your Company’s Most Valuable Asset?" Session Six in the Doing Business in South Florida Roundtable Series, Duane Morris LLP, Boca Raton, Florida, December 11, 2019
Speaker, "Data Privacy and Security: How to Protect Your Business and Workplace," Session Three in the Doing Business in South Florida Roundtable Series, Duane Morris LLP, Boca Raton, Florida, June 12, 2019
Presenter, "Cannabis 104: Marijuana in the Workplace – What Employers Need to Know," The Duane Morris Cannabis Webinar Series, April 17, 2018 (video replay)
- Moderator, "HR/Talent Acquisition Panel," South Florida Association for Financial Professionals (SFAFP), February 22, 2017
- Speaker, "USERRA," Florida Bar 17th Labor and Employment Law Annual Update and Certification Review, January 27, 2017
- Speaker, "What's on the EEOC's 2015 Agenda," Human Resource Association of Broward County's annual "Legal Update" seminar, May 1, 2015
- Speaker, "The Agencies Attack! An Analysis of the EEOC's Recent Guideline on the Use of Arrest and Conviction Records in Employment Decisions & Recent NLRB Decisions Affecting Non-Union Employees," ACCA-SFL's Fourth Annual CLE Conference, Hollywood, Florida, September 20, 2013
- Speaker, "Social Network, Discovery Issues and Ethical Concerns," The Seminar Group's Third Annual South Florida Premier Labor and Employment Law Conference, Miami, Florida, September 19, 2013
- Speaker, "I'm a Whistleblower — You Can't Fire Me," Greater Miami Society for Human Resource Management Legal Update, Miami, Florida, September 12, 2013
- Speaker, "Social Network, Discovery Issues and Ethical Concerns," The Seminar Group's Second Annual South Florida Premier Labor and Employment Law Conference, Fort Lauderdale, Florida, September 20, 2012
- Speaker, "Pay Now or Pay Later - FLSA Update," Human Resources Association of Broward County's Legal Seminar, Fort Lauderdale, Florida, April 27, 2012
- Speaker, "Legal Update," Greater Miami Chamber of Commerce's HR Insights 2012 Conference, Miami, Florida, March 29, 2012
- Speaker, "Social Network, Discovery Issues and Ethical Concerns," The Seminar Group's South Florida Premier Labor and Employment Law Conference, Miami, Florida, September 22, 2011
- Speaker, "Social Media-Pitfalls and Opportunities," Greater Miami Society for Human Resource Management Legal Update, Miami, Florida, September 12, 2011