- B.S., Biology, Washington College;
- J.D., Vanderbilt University Law School.
I started my career as an assistant field scientist in several wildlife biology labs. I went to law school so that I could be more engaged with problem-solving in my community. I have always felt an urgent need to understand the nature of things—to cut to the heart of the issue—and law school equipped me with the analytical skills to do that for my community.
My career as an attorney began at a small law firm in Tennessee, where I represented employees in matters against their employers. That position taught me the ins and outs of employment law. Most importantly, I learned what mistakes a business could make to expose itself to liability.
Now, I’m proud to bring that knowledge and skillset to advise and defend employers. I believe in Stokes Wagner’s client-oriented, collaborative, and proactive approach to employment law. My clients’ issues are my issues. I believe in working tirelessly and performing excellently. This pursuit of excellence gets me out of bed in the morning, and I try to apply it to everything that I do.
Outside of the office, I enjoy sculpting, wildlife photography, and watching the Criterion Channel with my cats.
The District Court for the Northern District of Texas issued a decision striking down the Federal Trade Commission’s rule banning non-compete agreements, which was set to take effect on September 4, 2024. In a decision authored by Judge Ada Brown, the Court held that the ban exceeded the scope of the FTC’s powers and was arbitrary and capricious due to its overbreadth and lack of justification. This development clears up prior confusion stemming from previous rulings that only prevented enforcement of the ban against specific parties, and it eliminates the federal non-compete ban for all employers in the United States. Although the decision is appealable, it is unlikely that the FTC will pursue this course of action, as any appeal would be heard by the Fifth Circuit, and potentially by the Supreme Court of the United States, both of which are expected to be hostile to the ban. Employers should return to their prior practices related to non-compete agreements, keeping in mind that state laws remain unaffected by the Northern District of Texas’s decision, so they are still subject to those laws where applicable.
The U.S. Court of Appeals for the Fifth Circuit (Texas, Louisiana, and Mississippi) has struck down the Department of Labor’s “80/20/30 Rule,” which had set guidelines for how tipped employees are compensated under the Fair Labor Standards Act (FLSA). To quickly put this in perspective, the Rule applied in states that allowed a tip credit. In those states, the Rule mandated that employers pay the full minimum wage (and not take a tip credit) for non-tipped duties that either lasted over 30 continuous minutes or exceeded 20% of the workweek. The Court determined that the Rule conflicted with the FLSA’s language and faulted it for improperly dividing tasks within a single occupation. Citing the recent Loper Bright case, the Court concluded that tipped employees only lose their status for tip credit eligibility when they take on completely unrelated jobs, not based on the time spent on non-tipped duties within their primary role. This ruling eliminates the 80/20/30 Rule in the Fifth Circuit and could apply nationwide. However, the application of the Rule in states outside of the Fifth Circuit could still be litigated in those states, and the question of the Rule’s nationwide applicability will remain in limbo until a higher court issues a decision or new guidance is issued by the DOL. Currently, the DOL is challenging the Fifth Circuit’s ruling, but if Donald Trump defeats Kamala Harris in the upcoming presidential election, this challenge would likely be dropped and new guidance may be issued. Importantly, states that do not allow a tip credit are unaffected by this ruling.
Amendments to California's Private Attorneys General Act (PAGA)
July 10, 2024
Category: Legal Updates
Significant amendments to California’s Private Attorneys General Act (PAGA) were enacted into law recently. This legislation, the result of negotiations among Gov. Newsom, legislators, and labor and business groups, equips employers with new and robust tools to address and defend against PAGA claims. Consequently, the initiative to repeal and replace PAGA, which was slated for the November ballot in California, has been withdrawn. The key provisions of the reform legislation are summarized below.
California Senate Considering Surprise Amendment to Junk Fee Bill
June 11, 2024
Category: Legal Updates
After months of stress due to ambiguities in California’s “Hidden Fees Statute,” colloquially known as the “Junk Fee Ban,” it seems the collective outcry from the hospitality industry has finally been heard. Yesterday, Senator Bill Dodd introduced an emergency amendment to the law that would allow for mandatory charges on food and beverage items sold by a restaurant, bar, or pursuant to a banquet or catering contract. The proposed amendment would add the following language to the Hidden Fees Statute:
The Legal Menu: California Attorney General Issues FAQs on Junk Fee Ban
May 10, 2024
Category: Legal Updates
Wednesday saw the release of CA Attorney General Bob Bonta’s long-awaited FAQs on the California “junk fee” ban, now rebranded as the “Honest Pricing Law” or “Hidden Fees Statute.” The FAQs largely reiterate the very straightforward requirements of the new law, while confirming its most strict application under certain circumstances that, until now, many in the hospitality industry had trouble believing. In light of the climate of wishful thinking surrounding this new law, it is necessary to plainly state that service charges added at the end of a transaction will be illegal beginning on July 1, 2024, and there are scarce “ifs,” “ands,” or “buts” about it. To be clear, this ban covers nearly every form of fee or charge that is added after the initiation of a transaction, including, but not limited to, health mandate fees, employee wellness fees, employee living wage fees, spa service charges, resort fees, large-party auto gratuities, and surcharges.
New Chicago Paid Leave and Paid Sick and Safe Leave Ordinance
November 20, 2023
Category: Legal Updates
Effective December 31, 2023, the Chicago Paid Leave and Paid Sick and Safe Leave ordinance will replace the existing Paid Sick Leave ordinance. Under the new ordinance, employees accrue one hour of paid sick leave plus one hour of general paid leave for every 35 hours worked, with a cap of 40 hours for each type of leave annually. Employees can carry over up to 16 hours of general paid leave and 80 hours of sick leave to the next year. Alternatively, employers have the option to front-load both types of leave at the start of each benefit year, which exempts them from the rollover requirement for general paid leave, but not for sick leave. New employees can use paid sick leave after 30 days and paid leave after 90 days of employment, and may opt to use this leave before any other provided by the employer unless mandated otherwise by law.
The National Labor Relations Board (NLRB) has implemented a final rule effective December 26, 2023, which broadens the criteria for determining “joint employer” status under the National Labor Relations Act (NLRA). This rule reinstates the broader Obama-era interpretation of joint employer by emphasizing the importance of an employer’s potential control over the essential terms of employment, regardless of whether this control is actually exercised.
California Employers May Require Arbitration Agreements as a Condition of Employment
February 17, 2023
Category: Legal Updates
Avid readers of Stokes Wagner’s legal updates may be familiar with California’s Assembly Bill 51, a law that, until very recently, prohibited California employers from requiring employees or job applicants to sign arbitration agreements as a condition of employment or employment-related benefits. On Wednesday, a panel of judges of the U.S. Ninth Circuit Court of Appeals held in a 2 to 1 decision that AB 51 is unenforceable, as it is preempted by the Federal Arbitration Act. California employers are once again free to require their employees to sign arbitration agreements.
The SECURE 2.0 Act was signed into law on December 29, 2022, and contains several provisions that dictate how employers must offer and administer retirement plans. While Secure 2.0’s provisions are expansive and have different effective dates ranging into 2025, there are some major changes that are worth considering:
Passed in 2018, the District of Columbia’s Tipped Wage Workers Fairness Amendment Act’s (TWWFA) mandatory sexual harassment training provisions are now in effect. Employers with workers for whom an employer takes a tip credit must take several steps related to sexual harassment policies and training. Employers must ensure that they:
There are two Georgia employment laws effective this summer that employers should be aware of in reviewing their policies.
In December of 2020, the D.C. City Council passed the Ban on Non-Compete Agreements Amendment Act of 2020, which would have added D.C. to a growing list of states and localities that either completely ban or severely limit the enforcement of non-compete agreements by completely banning non-compete agreements within the District. However, after numerous delays and challenges from the public, the Council followed up with the Non-Compete Clarification Amendment Act of 2022 on July 12, 2022.
New York will likely become the latest state to enact a “pay transparency” law, which, if passed as written, would require New York employers with four or more employees to include wage scales or salary ranges on any job postings for positions within the state. The bill, Senate Bill S9427, passed the New York State Legislature on June 3, 2022, and now awaits the approval of Governor Kathy Hochul. Senate Bill S9427 follows the passage of a similar New York City law that is set to take effect on November 1, 2022.
Historically, employers have used noncompete agreements to prevent competition or dissemination of confidential information when an employee leaves a company. However, the last few years has seen the erosion of their enforceability across the country. Frequent readers of our legal updates will recall that on July 9, 2021, President Biden issued an executive order directing the Federal Trade Commission “to curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit worker mobility.” (See our legal update here.) State legislators and courts have begun restricting the noncompete before the federal government has had time to act.
Employers who use biometric technology in the workplace should be aware of the developing trend towards legislation targeting the misuse of biometric information. Biometric technology, which is used to identify individuals by the measurement and analysis of their unique physical characteristics, including fingerprints and facial features, can be used for a variety of activities ranging from timekeeping to controlling and monitoring access to information and worksites. However, the increasing legislation around the collection and use of this information is creating a legal minefield for unwary employers.
LA Requires Labor Peace Agreements for Hospitality Operations on LA County Property
October 5, 2021
Category: Legal Updates
At the September 15 meeting, the Los Angeles County Board of Supervisors adopted a new policy that will affect hospitality businesses operating on Los Angeles County property. Policy 5.290 was recommended to the Board in a letter from the office of the County’s Chief Executive Officer. The Policy affects how labor disputes are handled at “hospitality operations” on County-owned or operated properties. “Hospitality operators” is defined in the Policy to include hotels, restaurants, and hospitality/food concessionaires. The Policy will apply regardless of whether or not the entity conducting such operations has leased directly with the County or with the County’s “lessee, licensee, or concessionaire.” It also applies to subleases, sublicenses, assignments, and transfers.
State of Florida Continues to Challenge COVID-19 Vaccine Requirements
August 26, 2021
Category: Legal Updates
Florida Governor Rick DeSantis has issued a statement that the State of Florida will appeal a recent preliminary injunction granted by US District Judge Kathleen Williams blocking the State from enforcing a recent law banning “vaccine passports” against Norwegian Cruise Line Holdings.
The Affordable Care Act requires covered employers to report that they offered minimum essential coverage to their employees by filing IRS Forms 1094-C and 1095-C. Until recently, the IRS offered “good-faith transition relief,” which allowed businesses to avoid penalties related to the submission of incorrect or incomplete information in Form 1094-C and 1095-C filings, including missing or incorrect Taxpayer Identification Numbers (TINs), dates of birth, and other vital information. Under that policy, a business that submitted forms containing any incorrect or incomplete information could avoid penalties simply by demonstrating to the IRS that it had made a “good-faith” effort to comply with ACA regulations when furnishing the forms to individuals and filing with the IRS.