Sarah Smith Kuehnel

Shareholder | Tampa, St. Louis

Sarah Kuehnel has devoted her entire career to providing litigation and counseling services to employers. She represents clients in all areas of employment law, including:

Class and collective actions
Employment discrimination and retaliation
Government agency investigations and subpoenas
Harassment investigations
Mine safety and health
Non-compete and non-soliticitation disputes
Reasonable accommodations and the interactive process
Unemployment
Wage and hour
Wage garnishments, assignments, and levies

Sarah is admitted to practice in Florida, Illinois, and Missouri. She represents employers before administrative agencies in agency proceedings, investigations, and audits, as well as in state and federal trial and appellate courts. She has successfully defended employers in litigation and government investigations involving many types of claims, including:

Age Discrimination in Employment Act (ADEA)
Breach of employment contracts and restrictive covenants
Equal Pay Act
Fair Credit Reporting Act (FCRA)
Fair Labor Standards Act (FLSA)
False Claims Act
Family and Medical Leave Act (FMLA)
Title I of the Americans with Disabilities Act
Title III of the Americans with Disabilities Act
Title II of the Civil Rights Act
Title VII of the Civil Rights Act
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
Worker Adjustment and Retraining Notification Act (WARN Act)
Workers’ Compensation Retaliation
Florida Civil Rights Act
Florida Minimum Wage Act
Florida Whistleblower Act
Illinois Biometric Privacy Information Act
Illinois Human Rights Act
Illinois Minimum Wage Law
Mine Safety and Health Act
Missouri Human Rights Act
Missouri Minimum Wage Law
Missouri Prevailing Wage Law

Sarah partners with her clients to determine the best way to meet their goals, whether by assisting in the implementation of employment policies, negotiating early case resolutions, or aggressively and cost-effectively defending her clients against claims brought in state or federal court. In doing so, she has extensive experience representing employers in various industries, including:

Airline and Airline Service Provider
Banking and finance
Hospitality
Manufacturing
Mining
Nonprofit
Professional Employer Organizations
Retail
Restaurants
Staffing
Technology

More About Sarah Smith Kuehnel

Experience

Employment Litigation

Won jury trial for healthcare equipment manufacturer and individual defendant on claims of race discrimination and retaliation
Won summary judgment, upheld by Eighth Circuit Court of Appeals, against plaintiff’s claims of race discrimination against a large food manufacturer
Convinced plaintiff to voluntarily dismiss case with prejudice to avoid award of summary judgment in favor of defendant in age discrimination claim pending in federal court in Florida
Won summary judgment on Title VII retaliation claim where termination decision and protected activity occurred days apart
Won Eighth Circuit Appellate Brief resulting in decision in favor of restaurant chain involving Missouri Human Rights Act claims
Won multiple motions to dismiss with prejudice again plaintiff’s Florida Whistleblower Act claims
Defended a multi-year class action filed by Equal Employment Opportunity Commission, resulting in Consent Decree
Defended and negotiated favorable settlement for multiple clients accused of FMLA violations
Represented national restaurant in denial of public accommodation claim under Title II of the Civil Rights Act and Title III of the ADA
Successfully and expediently resolved Title III ADA claims to minimize exposure to claim for attorneys’ fees
Defended and successfully negotiated a settlement for international company in case alleging multiple violations of the Americans with Disabilities Act
Defended government contractor in case alleging retaliation under the False Claims Act and 10 U.S.C. § 2409
Defended large and small companies in state and federal court in claims alleging Workers’ Compensation retaliation
Negotiated favorable settlement in USERRA claim

Wage and Hour

Defended and resolved several cases alleging unpaid wages and/or employee misclassification
Defended well-known restaurant in a multi-million dollar wage-hour collective action involving minimum wage claims
Defended multiple companies and obtained favorable settlement agreements in collective actions alleging misclassification of exempt employees
Represented a large national client against claims of failure to pay minimum wage and overtime
Represented a large company against case involving claims of failure to pay wages

Garnishments

Won summay judgment on Illinois Income Withholding for Support Act claim in favor of employer where plaintiff sought over $200,000 in penalties from employer for failure to withhold child support
Won Missouri Court of Appeals decision in favor of employer where creditor challenged employer’s application of head of family exemption
Successfully argued to reverse default judgment against client who initially failed to timely respond to writ of garnishment
Defended numerous employers in creditor garnishments, government tax levies, and student loan debts, resulting in avoidance of default judgments for failure to withhold, dismissal of invalid garnishments, favorable settlements, etc.

Agency Complaints, Charges, and Investigations

Prepared numerous position statements in response to EEOC, MCHR, IDHR, FCHR charges of discrimination resulting in dismissal and case closures
Conciliated multiple cases where EEOC found probable cause supporting charge of discrimination
Successfully mediated several charges of discrimination filed by current employees who agreed to resign employment as part of settlement
Defended employers in claims before Illinois Department of Human Rights and the Illinois Human Rights Commission
Defended large client in Department of Labor audit resulting in dismissal of claim
Defended small client during on-site Department of Labor investigation

Employment Counseling

Prepared and revised dozens of employee handbooks for both small and multi-state employers, ensuring compliance with federal, state, and local law
Advise clients on a variety of employment issues including performance management, termination, medical leaves and accommodation, military leaves, etc.
Counseled employers relating to wage garnishments in multiple scenarios, including competing garnishments, tax levies, student loans, etc.
Counseled restaurants, hotels, and other businesses on nuances of wage and hour law, including to meal and rest breaks, exemptions, minimum wage and overtime, preliminary and postliminary activities, etc.
Prepared cease and desist letters to former employees demanding cessation of violation of non-compete and non-solicit agreements and other unlawful activity
Counseled sole-proprietor regarding contractual agreements with clients and independent contractors, including preparation of master service agreements and independent contractor agreements
Provide day-to-day employment law guidance to PEO/ASO client

Education & Admission

Professional Activities

Speeches

Bay County SHRM – “ADA in the Post-Pandemic Workforce” – Panama City Beach – May 25, 2023
Workplace Strategies Seminar – “EEOC Charges and Unemployment Compensation Claims: Preparing for and Handling Both” – San Diego – May 12, 2023
Corporate Labor and Employment Counsel Exclusive – “Risk/Reward: Critical Issues in Pre-Employment Testing” – Colorado Springs – September 22, 2022
ECC SHRM – “Be Informed Seminar: Employment Laws to Watch in 2022” – Fort Walton Beach – August 17, 2022
Goldman Sachs 10,000 Small Businesses Chicago Cohort – “Legal Clinic: Human Resources and Employment Matters” – July 16, 2021
Ogletree Deakins Briefing – “Recurring and Emerging Professional Responsibility Issues in Employment Litigation” – June 17, 2021
Goldman Sachs 10,000 Small Businesses Program – “Legal Clinic: Human Resources and Employment Matters” – April 7, 2021
Gateway Association of Payroll Professionals – “Garnishments: What Employers Need to Know” – February 28, 2021
Baldwin County SHRM – “Effective Supervisor Training” – October 20, 2020
Bay County SHRM Webinar – “Understanding The Families First Coronavirus Response Act: What It Means For Your Business” – March 26, 2020
Big Bend SHRM Webinar – “Navigating through H.R. 6201 Bill The Families First Coronavirus Response Act” – March 24, 2020
Managing a Workforce in 2020 – “Test Your Knowledge” – Tampa – October 2, 2019
Gateway Association of Payroll Professions – “Garnishments: What Employers Need to Know” – St. Louis – September 19, 2019
ECC SHRM – “Pre-Employment Tests & Top 10 Hiring Mistakes” – Ft. Walton – May 17, 2019
Ogletree Deakins Podcast – “Third Thursdays with Ruthie: Policies and Protected Concerted Activity” – May 16, 2019
Mobile County SHRM Meeting – “Harassment & Bullying in the #MeToo Era” – Mobile – April 25, 2019
Ogletree Deakins Webinar – “Put to the Test: Understanding and Reducing the Risks of Pre-Employment Testing” – April 24, 2019
Northeast Missouri SHRM – “2019 Legal Update & What’s In Your Handbook” – Hannibal – April 17, 2019
Ogletree Deakins Podcast – “Pre-Employment Tests: Best Practices to Minimize Risks” – April 2, 2019
USERRA Webinar – “Military Spouse JD Network” – March 29, 2019
Bay County SHRM – “Employee Relations Issues After a Natural Disaster” – Panama City Beach – March 28, 2019
Lorman Webinar – “Legal Implications of Testing Job Applicants” – February 8, 2019
Wiregrass Human Resources Management Association’s Annual Forum – “Top 5 Hiring Mistakes” – Dothan – November 14, 2018
Lorman Webinar – “Legal Implications of Testing Job Applicants” – November 9, 2018
NBI: Human Resource Law Boot Camp – “Social Media Policies: Balancing Employer Needs and Employee Rights” – St. Louis – November 7, 2018
NBI: Human Resources Law Boot Camp – “Hiring and Firing: Legal Do’s and Don’ts for Crucial HR Functions” – St. Louis – November 7, 2018
Mobile SHRM Annual Conference – “Top 10 Hiring Mistakes” – Mobile – November 2, 2018
Military Spouse JD Network’s Making the Right Moves Annual Conference – “Lawyering Remotely” – San Diego – October 19, 2018
HRMA – “Reality HR: Watch a #MeToo Employee Take a Company and Human Resources All the Way to Trial” – St. Louis – October 12, 2018
Ogletree Deakins Seminar – “LGBTQIA Workplace Issues” – St. Louis – September 25, 2018
Ogletree Deakins Seminar – “Panel Discussion: Top 10 Employment Law Issues” – St. Louis – September 25, 2018
Ogletree Deakins Briefing – “50 Ways to Leave Your Workplace” – Pensacola – June 15, 2018
Ogletree Deakins Briefing – “Homeward Bound: Legal and Practical Issues Arising from Telecommuting Arrangements” – Pensacola – June 15, 2018
SHRM – “Retaliation: Two Can Play That Game . . . Or Can They?” – Ft. Walton – May 16, 2018
SHRM – “Panel on Top 10 Employment Law Questions” – Tallahassee – May 9, 2018
Bay County SHRM – “Hiring Dos and Don’ts” – Panama City – February 22, 2018
Ogletree Deakins Briefing – “2018 Legal Updates” – St. Louis – November 16, 2017
Wiregrass Human Resources Management Association – “Dealing with Difficult Employees” – Dothan – November 15, 2017
SHRM – “A Review of 2017 Labor & Employment Issues and a Look Ahead to 2018” – Hannibal – October 18, 2017
Greater Fort Walton Chamber of Commerce – “HR Hot Topics” – Fort Walton – October 15, 2017
Ogletree Deakins Briefing – “Headline News” – St. Louis – September 28, 2017
SHRM – “Dealing with Difficult Employees” – Biloxi – September 15, 2017
Greater Pensacola SHRM Chapter – “Retaliation – Two Can Play That Game – Or Can They?” – Pensacola – May 17, 2017
SHRM – “Managing Employee Leave: Uniformed Services Employment & Reemployment Rights Act (USERRA)” – Fort Walton – January 18, 2017
Ogletree Deakins Seminar – “Avoiding Employers’ Number One Risk – Retaliation Claims” – Tampa – November 4, 2016
Ogletree Deakins Seminar – “Garnishments – What Employers Need to Know” – St. Louis – September 21, 2016
Ogletree Deakins Seminar – “Two Can Play That Game . . . Or Can They?” – St. Louis – September 17, 2015
Gateway Association of Payroll Professionals Seminar – “Workplace Leadership: Employee Engagement and Performance Management” – St. Louis – December 2014
Ogletree Deakins Seminar – “Returning Veterans to the Workplace: USERRA” – St. Louis – September 2014
Human Resources Management Association Legal Roundtable – “Garnishment Nuts and Bolts” – St. Louis – March 2014
Ogletree Deakins Seminar – “Regulating Individual Expression – In and Out of the Workplace” – St. Louis – September 2013
Human Resources Management Association Legal Roundtable – “USERRA and Military Leave Under the FMLA” – St. Louis – March 2013
Ogletree Deakins Seminar – “On-Site Investigations by Administrative Agencies” – St. Louis – September 2012
Ogletree Deakins Seminar – “Harassment Investigations in the Workplace” – St. Louis – April 2011
Council on Education in Management – “A Toolkit for Managing the FMLA” – St. Louis – March 2010

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Sarah Smith Kuehnel

Shareholder | Tampa, St. Louis

More About Sarah Smith Kuehnel

Experience

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Education

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Insights by Sarah Smith Kuehnel

Florida Enters Phase 3, Reopens Bars and Restaurants

Florida Restaurant and Lodging Association Releases Reopening Guidance for Restaurants and Hotels

Florida Governor Issues Statewide Stay-at-Home Order

Employers’ Duty to Process Wage Garnishments Remains Unchanged During COVID-19

Florida Governor Issues Revised Statewide Coronavirus Mitigation Orders

Physical Ability Tests in Focus: Understanding and Validating Testing Procedures

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