Question of the Day: COVID-Related Lawsuit Protection
By Bridget R. Penick and Kendra D. Simmons
Do businesses have any protection from COVID-related lawsuits?
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Kendra D. Simmons
Senior Associate
Email: ksimmons@fredlaw.com
Office: 515.242.8919
Assistant: Ellen Workman, 515.242.8949
Overview
Experience
Articles & Presentations
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Honors & Education
Professional Activities
Overview
Kendra represents employers and businesses in many different industries at all stages of litigation and advises them outside of formal legal proceedings.
Kendra’s practice focuses on employment law and litigation, but her general business litigation background allows her to serve the wide-ranging legal needs of businesses and employers. In addition to advising employers on policies and employment decisions, she represents clients in state and federal court and in arbitration and other administrative proceedings. Before joining the firm, Kendra was an associate at Seigfreid Bingham, P.C. in Kansas City, where she practiced general business litigation and worked on matters involving transportation law, employment law and health care law, among other areas of law.
Experience
REPRESENTATIVE EXPERIENCE
Employment
- Obtained dismissal of multiple civil rights complaints brought against employers by former employees.
- Drafts employment policies and handbooks.
- Advises clients on employment policies and various individual employment issues outside of litigation.
Appellate
- Successfully affirmed district court’s grant of motion to dismiss case for failure to state a claim. Garrett & Vandewalle v. Branson Commerce Park Community Improvement District (10th Cir. 2016).
- Represented motor carrier in appealing agency’s unfavorable decision under federal Surface Transportation Assistance Act. TransAm Trucking, Inc. v. Admin. Review Board (10th Cir. 2016).
- Represented motor carrier in petitioning for review of FMCSA action regarding a settlement agreement. TransAm Trucking, Inc. v. Federal Motor Carrier Safety Admin. (10th Cir. 2015).
Litigation
- Part of a trial team that obtained a more than $1.6 million verdict in a business dispute involving breach of restrictive covenants (Pierce Street Same Day Surgery, L.C. v. Dr. Adam Smith et al., Case No. LACV178878 (Iowa District Court for Woodbury County Feb. 20, 2020).
- Defended employer against claim by former employee alleging violation of Iowa’s drug-and-alcohol testing statute (Iowa Code section 730.5).
- Obtained summary judgment for employer in race discrimination and retaliation case under ICRA and Title VII. Goodman v. Performance Contractors, et al. (N.D. Iowa 2019).
- Helped obtain temporary injunction against physicians prohibiting them from further violating their restrictive covenants. 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).
- Helped obtain temporary injunction against pediatrician and her new clinic prohibiting her from further violating her noncompetition agreement. 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 summary judgment for employer in FMLA entitlement and discrimination case initiated by a former administrator. Roys v. Upper Iowa University (N.D. Iowa 2017).
- Successfully represented businesses in bench and jury trials.
- Represented defendant national retail chain in complex, multi-million dollar arbitration.
- Defended motor carrier and multiple health care entities against discrimination and other employment claims.
- Represented defendants, including a motor carrier and professional sports franchise, in class actions in federal court.
Other
- Assisted company in developing uniform procedure for collecting from non-paying customers.
- Revised contract documents for a service company to improve efficiency in the event matters resulted in litigation.
Articles & Presentations
Question of the Day: Effect of COVID-19 on Non-Competes
May 21, 2020
By Pamela Abbate-Dattilo and Kendra D. Simmons
How is COVID-19 affecting disputes over non-competes and other restrictive covenants?
Question of the Day: FFCRA Child Care-Related Leave Rights in the Summer
May 11, 2020
By Ingrid N. Culp and Kendra D. Simmons
During the summer months, when school is not actually “closed,” is an eligible employee entitled to paid leave under the FFCRA if the employee needs to care for his/her child(ren) because the child(ren)’s summer programming has been cancelled?
Employment Question of the Day: April 27, 2020
April 27, 2020
By Pamela Abbate-Dattilo, Kendra D. Simmons and Ashley R. Thronson
What kind of litigation will arise out of COVID-19, and what can employers do now to prepare?
Employment Question of the Day: April 16, 2020
April 16, 2020
How will the post-COVID workplace be affected by current work situations, and what should I do now to prepare?
Employment Question of the Day: March 27, 2020
March 27, 2020
By Emily S. Pontius and Kendra D. Simmons
What do we need to know about the DOL’s Families First Act Model Notice and what do we need to do now?
Iowa Employment Law Update: One Minor Change Coming July 1, Others Brewing
June 19, 2019
By Kendra D. Simmons and Paul J. Esker
During the 2019 Iowa Legislative Session, there were developments that may impact employment-related decisions, especially related to hiring.
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.
If You Have Employees In California – Action May Be Needed!
October 7, 2016
By Richard A. Ross & Kendra D. Simmons
Businesses with employees in California will be impacted by two recently-passed laws, one of which generally prohibits choice-of-law and choice-of-venue provisions in employment contracts with California employees and the other which penalizes employers for technical errors on pay stubs. Find out what action you can take to avoid penalties.
PUBLICATIONS & PRESENTATIONS
- Co-Presenter, “Forensic Discovery/Extraction of Data from Electronic Devices and Effective Use in Trial,” ISBA Annual Meeting, May 21, 2020
- Co-Presenter, “COVID-19 Employment Issues,” Iowa Employment Conference, April 9, 2020
- Presenter, “Marijuana Maze: Tips for Employers on Navigating the Changing Legal Landscape,” 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
- Presenter, “An Update on Employee Privacy Issues,” Fredrikson & Byron’s Employment Law Seminar, West Des Moines, IA, September 27, 2018
- Presenter, “DOL Developments,” Fredrikson & Byron’s Employment Law Seminar, West Des Moines, IA, September 27, 2017
- Presenter, “Restrictive Covenants Refresher,” Fredrikson & Byron’s Employment Law Seminar, West Des Moines, IA, September 27, 2017
- Presenter, “Piecing Together the New Wage and Hour Reality,” Fredrikson & Byron’s Employment Law Seminar, Des Moines, Iowa, October 6, 2016
- Co-Author, “Courses of Action after Allegations of Misconduct,” American Bar Association Business Torts Journal, Winter 2014, Vol. 21, No. 2
- Author, “The End of Design-Defect Claims: The Supreme Court’s Immunization of Vaccine Manufacturers in Bruesewitz v. Wyeth LLC,” Washburn Law Journal, Vol. 51 No.3
Honors & Education
EDUCATION
- Washburn University School of Law, J.D., 2013, magna cum laude
- Baker University, B.A., 2010, summa cum laude
BAR ADMISSIONS
- Iowa, 2016
- Kansas, 2014
- Missouri, 2013
- U.S. District Court for the Western District of Missouri, 2013
- U.S. District Court for the District of Kansas, 2014
- U.S. Court of Appeals for the Tenth Circuit, 2014
- U.S. District Court for the Northern District of Iowa, 2016
- U.S. District Court for the Southern District of Iowa, 2016
HONORS
- Great Plains Super Lawyers, Rising Star – Employment Litigation: Defense, 2017-present
- J.L. Weigand, Jr. Notre Dame Legal Educational Trust
Professional Activities
PROFESSIONAL ACTIVITIES
- American Bar Association, Employee Rights and Responsibilities Committee
- Ambassador, Young Professionals Connection
- Washburn Law Journal, Technical Editor, 2012-2013; Staff Writer, 2011-2012
COMMUNITY
- Board of Directors, Des Moines Pastoral Counseling Center
- Greater Des Moines Leadership Institute
– Governance Chair-Elect, 2020-2021
– Community Leadership Program, 2019-2020 - Young Variety Iowa