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Jana S. Baker

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Employment Law, Wage and Hour, Leaves of Absence/Reasonable Accommodation, Mergers and Acquisitions
Healthcare, Life Sciences

Jana Baker represents employers on all matters impacting their employees under federal and state labor and employment laws, including compliance with Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA). Jana oversees investigations, handles charges of discrimination, harassment and retaliation, and defends any ensuing litigation in state and federal court.

Jana also advises clients on a regular basis before litigation ever occurs, handling employment disputes and managing day-to-day employee issues. For example, she provides counsel regarding leaves of absence, the accommodation of disabilities, preparation and implementation of employment policies, advice on employee separations, and the preparation and interpretation of employment agreements, including covenants not to compete and solicit.

Jana has litigated all forms of discrimination in federal and state court.  In addition to her litigation practice, she regularly reviews and revises employee handbooks and policies for compliance with federal and state laws, and oversees general labor representation. Jana regularly conducts training for clients and presents on various topics, including the ADA, investigations and harassment prevention.

Employment Law, Wage and Hour, Leaves of Absence/Reasonable Accommodation, Mergers and Acquisitions
Healthcare, Life Sciences
Learn more about Jana S. Baker

Education

Admittance to Practice

Professional Activities

  • Co-Chair, Ogletree Deakins’ Healthcare Practice Group
  • State Bar of Texas (Labor and Employment Law Section)
  • Dallas Bar Association (Labor and Employment Law Section)
  • American Health Lawyers Association
  • Head Start of Greater Dallas (Board Member and Personnel Committee Chair, 2000-2006)
  • The Children’s Trust – supporting Children’s Medical Center Dallas (Executive Committee, 2007-2011)

Speeches


Best Lawyers Award Badge

Insights by Jana S. Baker

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CMS Vaccine Mandate Update: Last, but Not Least, Texas Joins the Rest of the Country

On January 13, 2022, the Supreme Court of the United States issued an opinion staying preliminary injunctions issued in cases filed in Missouri and Louisiana challenging the Centers for Medicare and Medicaid Services’ (CMS) COVID-19 vaccination mandate for healthcare providers. The ruling stayed preliminary injunctions applicable to twenty-four states. Twenty-five states were already subject to enforcement under the CMS rule. This left Texas standing alone and in limbo.

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EEOC Challenges Physician Pay Practices of Texas County Health Department

On August 31, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) in Dallas filed a federal lawsuit in the Eastern District of Texas, Sherman Division, against Denton County, Texas, alleging violations of the Equal Pay Act with regard to Denton’s compensation of two physicians in the county health department.

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Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This NLRB decision found that an employer may not adopt a work rule that prohibits employees from recording company meetings or conversations with coworkers without a valid legal or business justification. The NLRB reasoned that work rules banning recording tend to chill or restrain workers from engaging in or memorializing concerted, protected activity under federal law.

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