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Bridget R. Penick
Shareholder
Email: bpenick@fredlaw.com
Office: 515.242.8902
Assistant: Ellen Workman, 515.242.8949
Overview
Experience
Articles & Presentations
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Honors & Education
Professional Activities
Overview
Bridget is a leading litigator whose practice focuses on employment law. Bridget regularly drafts and litigates restrictive covenants, including noncompetition and nonsolicitation agreements.
Bridget represents employers of all sizes in various state and federal courts and administrative agencies. She drafts and counsels employers in human resources policies and procedures, employment discrimination, FMLA, ADA, wage & hour, NLRA issues and union avoidance. She also assists employers with employment-related immigration issues.
Experience
REPRESENTATIVE EXPERIENCE
- Haskenhoff v. Homeland Energy Solutions, Case No. LACV003210 (Iowa District Court for Chickasaw County) (2019). Joined trial team for two-week retrial of sexual harassment suit on remand from Iowa Supreme Court; resulting in jury verdict for plaintiff in an amount significantly less than first trial’s verdict in 2014.
- Pierce Street Same Day Surgery, L.C. v. Dr. Adam Smith et al., Case No. LACV178878 (Iowa District Court for Woodbury County) (2018-19). Obtained temporary injunction against physicians prohibiting them from further violating their restrictive covenants; part of a trial team that obtained a more than $1.6 million verdict in a business dispute involving breach of restrictive covenants.
- Katecho, Inc. and Surmasis Pharmaceuticals, Inc. v. .Continental Manufacturing Chemist, Inc., et al., Case No. 4:18-cv-00314 (U.S. District Court for Southern District of Iowa Oct. 16, 2018). Obtained preliminary injunction against three former employees prohibiting them from further violating their restrictive covenants.
- Prairie Pediatrics & Adolescent Clinic, P.C. vs. Dr. Tina Smith & Tri-State Specialists, LLP, Case No.: LACV177912 (Iowa District Court for Woodbury County Dec. 22, 2017). Obtained temporary injunction against pediatrician and her new clinic prohibiting her from further violating her noncompetition agreement.
- Sommese v. American Bank & Trust, 859 N.W.2d 672 (Iowa Ct. App. 2015). Obtained judgment for mortgage loan originator accused of violating his noncompete agreement and awarded nearly $1 million in unpaid commissions.
- American Bank & Trust Co., NA v. Leyden, 2013 WL 6405161 (Iowa Ct. App. 2013). Defended bank and mortgage loan officers in noncompete case.
- SCS Property Management, LLC v. Vokes, 836 N.W.2d 152 (Iowa Ct. App. 2013)
- S&A Farms, Inc., v. Farms.com, Inc., 678 F.3d 949 (8th Cir. 2012)
- Davis v. TPI Composites, Inc., 2011 WL 3706560 (S.D. Iowa 2011)
- Gibler v. Rosenman’s, Inc., 798 N.W.2d 737 (Iowa Ct. App. 2011)
- Ajuoga v. Adventure Lands of America, Inc., 791 N.W.2d 427 (Iowa Ct. App. 2010). Successfully obtained summary judgment for employer on pregnancy discrimination claim.
- Groves v. Cost Planning and Management, Inc., 372 F.3d 1008 (8th Cir. 2004). Successfully obtained summary judgment for employer on pregnancy discrimination claim.
- Van Arkel v. Warren County, 365 F.Supp.2d 979 (S.D. Iowa 2005). Successfully obtained summary judgment for defendant on age discrimination, gender discrimination, breach of contract and Iowa Wage Payment Collection Law claims.
- Libel v. Adventure Lands of America, Inc., 482 F.3d 1028 (8th Cir. 2007). Successfully obtained summary judgment for employer on ADA and ERISA claims.
- Henthorn v. Capitol Communications, Inc., 359 F.3d 1021 (8th Cir. 2004). Successfully represented individual defendant in sexual harassment claim.
- In Re Archer Daniels Midland Co., 333 NLRB 673 (2001). Successfully represented employer in bargaining unit clarification case.
- McQuiston v. Great Plains Protein, (2010). Tried pregnancy discrimination case to jury verdict in favor of employer.
- Ruby v. Webster County, Webster County Civil Service Commission (2008). Successfully defended Webster County sheriff in multiday Civil Service Commission hearing.
- Argued age discrimination, sexual harassment and pregnancy discrimination cases before the U.S. Court of Appeals for the Eighth Circuit and obtained decisions affirming awards of summary judgment for employers.
- Perfect record in guiding employers in combating union organizing campaigns.
- Obtained NLRB dismissal of unfair labor practice charges.
- Files numerous H-1b petitions and labor certifications annually with USCIS.
- Katsar v. Pioneer Hi-Bred Int’l, Inc., (S.D. Iowa 2006). Tried disability discrimination, harassment and retaliation case to federal jury verdict in favor of employer.
Articles & Presentations
Question of the Day: Form I-9 Physical Presence Requirements
May 18, 2020
Since states are permitting workplaces to reopen, must employers begin physically inspecting all I-9 documents?
Employment Question of the Day: May 5, 2020
May 5, 2020
Can employers complete I-9 forms with expired List B documents during the COVID-19 pandemic?
COVID-19: What the CARES Act Means to Employers
March 30, 2020
By Pamela Abbate-Dattilo, Bridget R. Penick and Edgar R. Ocampo
On March 27, 2020, the President signed the CARES Act—a $2 trillion emergency stimulus bill—intended to mitigate the economic impact of COVID-19. This article summarizes the provisions that most directly impact employers.
Waterloo, Iowa’s “Ban the Box” Ordinance: What Waterloo Employers Need to Know
December 6, 2019
By Bridget R. Penick and Cara S. Donels
In October 2019, Waterloo became the first Iowa city to adopt a “Ban the Box” ordinance, following in the footsteps of more than 150 cities across the country adopting similar ordinances.
What a Difference a Year Makes: An Update on the DOL’s Over Time Rule
September 7, 2017
By Bridget R. Penick and Kendra D. Simmons
At this time last year, employers were deciding how to comply with the Department of Labor’s new rule that more than doubled the salary threshold for exempt employees under the Fair Labor Standards Act.
Time Off to Vote in Iowa
October 27, 2016
With the November 8 general election looming, employers should be reminded of Iowa’s voting right statute, Iowa Code § 49-109.
Employer Confidentiality Rules and Other Policies: NLRB Report Discusses Lawful and Unlawful Language
March 30, 2015
By Krista A.P. Hatcher, Bridget R. Penick, Richard A. Ross & Karen G. Schanfield
On March 18, 2015, the National Labor Relations Board’s General Counsel issued a 30-page memorandum (GC Memorandum) offering guidance on several common employer policies and handbook rules. In recent years, the NLRB has aggressively scrutinized and challenged employers’ rules covering a variety of topics. The GC Memorandum provides useful information for nearly all employers, whether unionized or not.
Adjuncts and Athletes: Unions and the Academy
April 9, 2014
By Karen G. Schanfield, Richard A. Ross, Bridget R. Penick & Krista A.P. Hatcher
College administrators, coaches, and many of the rest of us were surprised to learn that scholarship football players at Northwestern University are “employees” for purposes of the National Labor Relations Act and thus may vote on representation by the College Athletes Players Association, affiliated with the United Steelworkers.
Making Up For Lost Time: The NLRB’s Ambitious Agenda
March 3, 2014
By Krista A.P. Hatcher, Bridget R. Penick, Richard A. Ross and Karen G. Schanfield
For the first time in nearly a decade, the National Labor Relations Board has its full complement: five members who have been confirmed by the Senate.
PUBLICATIONS & PRESENTATIONS
- Presenter, “Expert Insight in the Wake of COVID-19 on Iowa’s Unemployment Compensation Policies,” Iowa Association of Business & Industry Webinar, May 20, 2020
- Co-Presenter, “Your Return to Work Blueprint,” Fredrikson & Byron Employment & Labor Webinar, May 8, 2020
- Presenter, “Handbook Hangups: Ensuring Your Policies are 100,” Fredrikson & Byron’s Employment Law Seminar, Des Moines, IA, October 4, 2019
- Co-Presenter, “Investigating Complaints in Today’s Workplace,” Fredrikson & Byron Event, May 23, 2019
- Co-Presenter, “A 360 View – Hiring and Work Visa Strategies for Foreign Nationals,” Human Resources Association of North Iowa (HRANI) Employment Law Conference, November 13, 2018
- Presenter, “2018 Employment Law Trends,” Fredrikson & Byron’s Employment Law Seminar, West Des Moines, IA, September 27, 2018
- Co-Presenter, “Sexual Harassment: What Should Employers Do Now?” Fredrikson & Byron Employment & Labor Law Program, May 16, 2018
- Trainer, “Ensuring a Respectful Workplace,” Fredrikson & Byron, April 2018
- Instructor, “Employment Privacy Claims,” Central Iowa SHRM HR-Related Law Series, February 2018 (annually recurring)
- Instructor, “Understanding the FMLA,” Central Iowa SHRM HR-Related Law Series, October 2017 (annually recurring)
- Presenter, “2017 Employment Law Changes,” Fredrikson & Byron’s Employment Law Seminar, West Des Moines, IA, September 27, 2017
- Presenter, “Interview Hiring Dos and Don’ts,” Fredrikson & Byron’s Employment Law Seminar, West Des Moines, IA, September 27, 2017
- Presenter, “Representing Employers in Labor and Employment Issues,” ISBA Bridge The Gap Seminar, September 14, 2017
- Contributing Author, “The Fair Labor Standards Act,” ABA Section of Labor and Employment Law/Bloomberg BNA, 2014-present
- Contributing Author, “The Family and Medical Leave Act,” ABA Section of Labor and Employment Law/Bloomberg BNA, 2013-present
- Author, Polk County Bar Association President’s Message, December 2016-January 2017
- Author, Polk County Bar Association President’s Message, October-November 2016
- Presenter, “The Evolving Status of Joint Employment,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
- Co-Presenter, “EEOC Insights,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
- Presenter, “2016 Employment Law Developments,” Fredrikson & Byron’s Employment Law Seminar, Des Moines, Iowa, October 6, 2016
- Co-Author, “Model Policies and Forms for Iowa Employers,” American Chamber of Commerce Resources, 2016
- Presenter, “Employment Law: FLSA, Issues & Strategies for the Trial Lawyer,” Iowa Academy of Trial Lawyers Seminar, February 25-26, 2016
- Instructor, “2016 Spring HR Law Series-Employment Privacy Claims,” Central Iowa Chapter of the Society for Human Resource Management, February 8, 2016
- Presenter, “Federal Employment Law Developments,” Polk County Bar Association Fall General Practice CLE, Des Moines, IA, November 20, 2015
- Presenter, “Employment Law for Business Lawyers,” Business Law CLE sponsored by the University of Iowa College of Law, Iowa City, IA, November 13, 2015
- Presenter, “Curiouser and Curiouser! Employment Law Developments” and “Bonus Session: Immigration Compliance Update,” Fredrikson & Byron’s Employment Law Seminar, Des Moines, Iowa, September 24, 2015
- Presenter, “Legislative, Administrative, and Executive Employment Law Developments,” Iowa State Bar Association Bridge the Gap Seminar, May 14, 2015
- Presenter, “Help Wanted: Understanding the HR Implications of a Growing Workforce,” Fredrikson & Byron and Banker’s Trust Breakfast Series Part 3, Des Moines, Iowa, December 4, 2014
- Presenter, “Employment Law Update,” Polk County Bar Association Fall CLE, November 21, 2014
- Presenter, Fredrikson & Byron’s 30th Annual Employment & Labor Law Seminar, October 28, 2014
- Presenter, “New Legislative, Administrative and Executive Developments,” Fredrikson & Byron’s Employment Law Seminar, Des Moines, Iowa, October 7, 2014
- Presenter, “The Ins and Outs of Personnel Files,” Fredrikson & Byron’s Employment Law Seminar, Des Moines, Iowa, October 7, 2014
- Co-Presenter, “Documenting the M&A Deal,” Fredrikson & Byron’s Bank and Finance Seminar: Key Developments that Every Banker Should Know, August 20, 2014
- Presenter, Growing Pains: Compliance Strategies for Employers, July 10, 2014
- Presenter, “Immigration Law for Businesses,” 2014 Bridge the Gap Seminar, Des Moines, Iowa, May 8, 2014
- Presenter, “Privacy in the Workplace,” Central Iowa Chapter of the Society for Human Resource Management, Training for HR Law Series, West Des Moines, Iowa, February 24, 2014
Honors & Education
EDUCATION
- University of Iowa College of Law, J.D., 1998, with high distinction
- Central College, B.A., 1995, magna cum laude
BAR ADMISSIONS
- Illinois, 1998
- Iowa, 2002
- Nebraska, 2016
- U.S. Court of Appeals for the Eighth Circuit, 2002
- U.S. District Court for the Western District of Wisconsin, 2016
- U.S. District Court for the Southern District of Iowa, 2002
- U.S. District Court for the Northern District of Iowa, 2002
- U.S. District Court for the Northern District of Illinois, 1998
HONORS
- Iowa/Great Plains Super Lawyers, Super Lawyer – Employment & Labor, 2016-2019; Rising Star, 2013
- Martindale-Hubbell, AV Preeminent® Peer Review Rated
- Best Lawyers’ “Lawyer of the Year” in Des Moines Labor Law – Management, 2019
- The Best Lawyers in America, Immigration Law, 2010-present; Employment Law – Management, Labor Law – Management, Litigation – Labor and Employment, 2013-present
- Chambers USA: America’s Leading Lawyers for Business, Iowa – Labor & Employment, 2008-present
- Chambers USA: America’s Leading Lawyers for Business, Iowa – Labor & Employment: Immigration, 2010-2013, 2015-present
- Central College Alumni Award for personal, civic and professional integrity and accomplishment, 2012
- Participant/Honoree, American Bar Association Labor and Employment Law Section Leadership Development Program, 2011
- Young Lawyers Division Award of Merit Recipient, Iowa State Bar Association, 2011
- Des Moines Business Record, 40 Under 40, 2009
Professional Activities
PROFESSIONAL ACTIVITIES
- Past-President, Board of Directors, Polk County Bar Association, (previously President, President-Elect, Vice President, Secretary and Director)
- District 5C Representative, Iowa State Bar Association Board of Governors, 2017
- Member, Annual Meeting Committee, Iowa State Bar Association, 2011-present
- Council Member, Section of Labor & Employment, Iowa State Bar Association, 2004-present
- Vice Chair, Continuing Legal Education Committee, Iowa State Bar Association, 2006-2010
- President, Young Lawyers Division, Iowa State Bar Association, 2007-2008
- District 5C Representative to Executive Council, Young Lawyers Division, Iowa State Bar Association, 2003-2005
- Professional Development Committee Co-Chair, Young Lawyers Division, Iowa State Bar Association, 2004-2005
- Volunteer Mock Trial Judge, Iowa State Bar Association
- Member, American Bar Association
- Member, Labor and Employment Law Section, American Bar Association
- Fellow, Labor and Employment Law Section’s Federal Labor Standards Legislative Committee, American Bar Association, 2008-2009
- Vice Chair, Young Lawyers Division Labor and Employment Law Committee, American Bar Association, 2008-2009
- Member, Advisory Panel, American Bar Association, 2006-present
- Member, Litigation Section, American Bar Association
- Iowa Supreme Court Grievance Commission member, 2006-present
- Iowa Legal Aid Central Iowa Advisory Council, 2014-present
- Charter Fellow, Litigation Counsel of America™
- Barrister, Blackstone Inn of Court
- Member, Polk County Women Attorneys
- Iowa Law Review, Managing Editor, 1997-1998
COMMUNITY
- Volunteer Lawyer, Polk County Volunteer Lawyers Project
- Volunteer, The Nutcracker Production, Ballet Des Moines
- Ballet Des Moines, Board of Directors, 2014-present
- Girls Rock!DSM Board of Directors (secretary), 2014-present
- Woodland Creek Reserve Homeowners Association (secretary), 2014-present