Kevin S. Joyner

Shareholder || Raleigh

Mr. Joyner represents employers in a myriad of employment-related and complex commercial matters, including litigation involving discrimination, wage and hour, wrongful discharge and other claims, and matters in state and federal courts and administrative agencies.

Mr. Joyner has extensive experience representing employers in wage and hour class action and collective action defense, particularly involving alleged tip credit violations in the restaurant industry and misclassification of exemption from overtime status. He has represented employers in multiple lawsuits brought by the EEOC as well as EEOC pattern and practice class administrative investigations.  Mr. Joyner also has extensive experience in litigating high stakes matters in the context of motions seeking temporary restraining orders and other injunctive relief matters involving restrictive covenant (non-compete, non-solicit, no-raiding, confidentiality agreements), misappropriation of trade secrets, tortious interference, unfair competition, and related cases.

Mr. Joyner enjoys providing thoughtful, creative counsel to employers seeking effective solutions on matters of wage and hour compliance, employee discipline and termination, enforcement and implementation of employment policies, workplace investigations and reductions in force. He also prepares and reviews policy and procedure manuals and employee handbooks, and drafts employment and executive agreements, covenants not to compete, severance agreements, and settlement agreements.

He has been listed in Best Lawyers in America in the practice area of Employment Law – Management and Litigation – Labor and Employment since 2016, and he was named as a North Carolina Rising Star for 2009, 2010, and 2011, a distinction awarded to attorneys under the age of 40 based on 12 indicators of peer recognition and professional achievement.

Learn more about Kevin S. Joyner

Trial and Litigation Experience:

Wage and Hour Class and Collective Actions:

Mr. Joyner has successfully represented clients in more than 10 class and collective action litigation involving wage and hour claims, His representation of restaurants in class and collective actions alleging tip credit violations for improper tip pooling includes serving as lead counsel in the following:

Mr. Joyner has co-lead the defense of multiple class and collective action litigation involving other wage and hour claims. Some examples include:

Mr. Joyner has also lead the defense of multiple putative Rule 23 class actions brought under the North Carolina Wage and Hour Act for alleging off-the-clock work and promised wages.

Employment:

On a daily basis, Mr. Joyner provides counseling services to corporate counsel, HR professionals, and a wide-range of management with employees working all over the United States and internationally. This work includes virtually every area of employment-related matters, with a particular focus on managing both the legal and practical consequences of management actions. The counseling to employers includes litigation avoidance and implementing policies that are in conformance with the various federal and state employment laws, including the FLSA, FMLA, ADA, Title VII, and North Carolina Wage and Hour Act.

Mr. Joyner has effectively represented employers in over 200 administrative agency matters such as complaints filed with the Equal Employment Opportunity Commission, the United States Department of Labor, the Occupational Health and Safety Administration, and similar state administrative agencies in North Carolina, South Carolina, Virginia, Pennsylvania, Colorado, Florida, Ohio, and Michigan.

Policies, Agreements, and Training:

Mr. Joyner regularly prepares and reviews employee handbooks, personnel policies, compensation plans, and employment agreements.  He also develops and provides legal education and training to management and employees of various small business and corporate level clients involving topics ranging from legal specific anti-harassment awareness training and managing leaves of absences and disabilities under the Family and Medical Leave Act and the Americans with Disabilities Act to interviewing guidelines, how to manage employees, and strategies for avoiding retaliation and lawsuits in general.

Education

Admittance to Practice

Professional Activities

  • North Carolina Bar Association (Labor & Employment and Litigation Sections)
  • Wake County Bar Association
  • Triangle SHRM Chapter
  • Shiloh Presbyterian Church (Raleigh, NC)
  • Little League baseball coach, Fuquay-Varina Parks and Recreation (2015-present)

Speeches

 

*Disclaimer:

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