Jennifer W. Colvin

In her employment law practice, Jennifer spends a significant amount of her time counseling corporate clients on both the buy and sell side of M&A transactions, providing labor and employment-related diligence, compliance, and transition guidance to support financial, strategic, onboarding and integration goals. She also assists buy-side corporate clients post-transaction with organizing and structuring their workforces, including a specific focus on alignment of policies and safeguards (i.e., restrictive covenants) to optimize efficiency and serve strategic goals.

Jennifer has extensive experience assisting clients in all stages of workplace disputes involving discrimination, sexual harassment, wrongful termination, enforcement of restrictive covenants, wage and hour, and breach of contract in both state and federal court as well as through binding arbitration. She has appeared before trial and appellate courts in numerous jurisdictions across the United States, including the Sixth and Ninth U.S. Circuit Courts of Appeal. She regularly counsels clients pre-dispute related to managing employee complaints, investigations, requests for accommodation, or other personnel requests.

Jennifer counsels employers on issues and best practices related to all facets of employment and personnel management, including termination, severance terms, reductions in force, wage and hour, reorganization, harassment, retaliation, Title VII, pre-employment procedures, disability accommodation, leave procedures, management of illness in the workplace, and compliance with state and federal fair employment and fair credit statutes. She also frequently conducts onsite or online workplace training for clients of various sizes. 

Jennifer regularly assists clients by drafting and reviewing various employment-related documents, including employee handbooks, executive compensation contracts, employment agreements, non-compete and non-solicitation agreements, settlement and release agreements and policy materials.

Jennifer previously worked as the Assistant Corporate Secretary for The Midland Company/American Modern Insurance group (publicly traded on the NASDAQ exchange). She was integrally involved in the $1.3 billion sale of the company to Munich Re Group in 2008. From 2003 to 2004, Jennifer served as a judicial clerk to the Honorable Harry Lee Hudspeth, Senior United States District Court Judge for the Western District of Texas.

Honors & Recognitions

• The Best Lawyers in America^®, Labor Law - Management (2024)
• Ohio Super Lawyers, Employment and Labor (2023-2024)
• Ohio Super Lawyers, Ohio Rising Stars, Employment & Labor (2012-2018)
• Cincy Magazine, "Cincy Leading Lawyers," Labor and Employment Law (2018-2023)

Education

Ohio State Bar Association Certified Specialist in Labor & Employment Law, 2020

J.D., UCLA School of Law, Law Review Symposium Editor, 2003

B.S., Cornell University, 2000

Experience

• Serving as defending counsel for a global medical treatment company against an allegation of religious discrimination and failure to accommodate in a lawsuit filed in U.S. District Court. The Plaintiff, a former employee alleged religious discrimination and failure to accommodate religious beliefs based on their discharge following refusal to be vaccinated against COVID-19 in violation of a company-wide vaccine mandate. This case is one of a few cases addressing the validity of a vaccine mandate during a worldwide pandemic and the scope of religious accommodation in the workplace. There is no direct governing authority on the issues raised in this case, and litigation of this dispute will contribute to the development of employer rights and religious accommodation jurisprudence.
• Defended an automation systems supplier in a Department of Labor (DOL) audit, including all facets of the client's labor management under the Fair Labor Standards Act (FLSA), including classification of employees and wage payment. Calfee was able to resolve the audit with no monetary penalties or adverse findings.
• Served as lead outside counsel to a multinational manufacturer and its related companies in various acquisitions and post-acquisition labor and employment transition and integration matters, including executive retention and separation agreements, worker classification issues (including under complex new statutes and regulations regarding determination of independent contractor status), appropriate design of vacation, bonuses and leave arrangements, and employee disputes.
• Advised client regarding the transfer of company headquarters from California to Ohio.
• Secured a favorable settlement for the client, a third-party administrator focused on "final mile" delivery services, in a collective and class action lawsuit brought by numerous delivery drivers alleging misclassification of delivery drivers as independent contractors and failure to pay overtime as required by the FLSA and state law.
• Negotiated resolutions for various clients related to claims arising out of termination as part of a reduction in force related to the COVID-19 pandemic.
• Advised client with respect to WARN-Act compliance and other considerations associated with the closure of a portion of the client’s operations.
• Advised a nonprofit client during the investigation and resolution of employee complaints of harassment against an executive.
• Represented private equity owner regarding investigation and resolution of employee complaints of sexual harassment by executive.
• Successfully resolved wage and hour collective action for a client in the hospitality industry with an alleged improper tip pool.
• Successfully represented a commercial furniture company in the enforcement of restrictive covenants against a former executive, securing compliance with restrictive covenants as written.
• Successfully defended online media services employer against declaratory judgment action filed by former company president seeking to invalidate restrictive covenant agreement, securing compliance with restrictive covenants as written.
• Successfully defended a company against claims of sexual harassment and retaliation by a company executive.
• Secured a favorable resolution of age discrimination allegations made by a separated employee and secured the return of company property and confidential information.
• Negotiated and later successfully enforced a separation agreement with the former company president.
• Successfully defended a client against an EEOC charge filed by a former employee who alleged race and disability discrimination.
• Successfully defended a company against claims of breach of restrictive covenant and misappropriation of trade secrets by a new employee’s former employer.
• Represented a client in a Ninth Circuit Court of Appeals matter, resulting in the court affirming the lower court’s grant of summary judgment in a client’s favor and dismissing a former employee’s claims of disability discrimination and retaliation, failure to accommodate, worker's compensation retaliation, and tortuous injury.
• Secured a summary judgment in a client’s favor on the plaintiff's age discrimination claim.
• Secured a summary judgment in a client’s favor on the plaintiff's age, race, and national origin discrimination and harassment claims.

Professional & Community

• American Heart Association, CycleNation, Calfee Team Leader
• Cincinnati Bar Association, Member

Presentations & Publications

Presentations

• “Wage and Hour Pitfalls,” Oswald HR Roundtable (December 13, 2022)
• Cincinnati Business Courier HR Forum Panelist (April 19, 2023)

Publications

• Targeting Gang Crime: An Analysis of California Penal Code Section 12022.53 and Vicarious Liability for Gang Members, 50 UCLA L. Rev. 685 (2002)
• Co-author, The Perversity of Sexual Harassment Law: Effects of Recent Court Ruling, 42 Cornell Hotel and Rest. Admin. Quarterly 1265 (2001)