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Bridget R. Penick

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Bridget R. Penick

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Email: bpenick@fredlaw.com
Office: 515.242.8902
Assistant: Ellen Workman, 515.242.8949

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PRIMARY SERVICES

Employment & Labor
Employment & Labor Litigation
Labor Management Relations
Litigation
Immigration
Trade Secrets

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

Pierce Street Same Day Surgery, L.C. v. Dr. Adam Smith et al., Case No. LACV178878 (Iowa District Court for Woodbury County Feb. 5, 2018). Obtained temporary injunction against physicians prohibiting them from further violating their 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

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.

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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.

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Time Off to Vote in Iowa

October 27, 2016

By Bridget R. Penick

With the November 8 general election looming, employers should be reminded of Iowa’s voting right statute, Iowa Code § 49-109.

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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.

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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.

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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.

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PUBLICATIONS & PRESENTATIONS

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 30^th 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, 2008-2019
Chambers USA: America’s Leading Lawyers for Business, Iowa – Labor & Employment: Immigration, 2010-2013, 2015-2019
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