Steven F. Pockrass

Shareholder Indianapolis

Steven (“Steve”) Pockrass is Co-Chair of the firm’s Wage and Hour Practice Group. In this position, he helps clients and attorneys throughout the firm deliver proactive and responsive solutions to federal and state wage-hour questions and concerns. Steve coordinates wage-hour resources within the firm and works on a variety of wage-related issues, ranging from evaluating whether certain job positions are properly classified to defending collective and class actions. In addition to focusing on the complexities and nuances of the federal Fair Labor Standards Act, he regularly counsels and represents employers on issues related to Indiana’s wage laws.

While wage and hour matters have become an increasingly large part of Steve’s practice, he also continues to advise and defend management on a full range of labor, employment and personnel matters. He represents employers in federal and state court litigation, as well as arbitrations, investigations, administrative proceedings and collective bargaining. He provides training; drafts and reviews policies, handbooks and contracts; and conducts internal investigations.

Throughout his career, Steve has devoted significant attention to advising employers on medical leave, accommodation and related issues under the Family and Medical Leave Act, the Americans with Disabilities Act, the Indiana Worker’s Compensation Act, and other federal and state laws. In addition to representing employers in lawsuits and administrative matters arising out of these leave-related laws, he has extensive experience defending against claims and lawsuits involving allegations of employment discrimination, harassment and retaliation under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act.

For more than 20 years, Steve has represented employers in post-employment non-compete, trade secret and related litigation, with an increasing emphasis on the use and protection of electronic data and information. He works with and advises entities on their document and data retention policies, their electronic information and social media policies, the litigation hold process, and the collection and production of electronically stored information during litigation.

Steve is AV rated by Martindale-Hubbell, the highest rating an attorney can receive. He has been recognized as an Indiana “Super Lawyer” every year since 2010 and has been named to Best Lawyers every year since 2013.

A frequent speaker and writer, Steve is a former appendix editor of the FMLA treatise published by BNA Books. He also is one of the editors of the second edition of the FMLA Guide published by the Indiana Chamber of Commerce. He is a member of the American Bar Association Section of Labor and Employment Law’s Fair Labor Standards Legislation Committee and has been a contributing author of several annual Midwinter Meeting Reports of the FMLA Subcommittee. He also is a member of the Defense Trial Counsel of Indiana and has served on the DTCI Board of Directors and as chair of the DTCI Employment Law Section.

An Eagle Scout, Steve is active in the community. He serves on the Executive Board for the Crossroads of America Council, Boy Scouts of America, and on various Council committees. He is the Cubmaster of Cub Scout Pack 747 at St. Richard’s Episcopal School in Indianapolis. He also is a former member of the Board of Directors of the Day Nursery Association (now Early Learning Indiana) and is a former member of the Indianapolis Equal Opportunity Advisory Board.

Prior to attending law school, Steve worked as a newspaper reporter for The Indianapolis News, as a free-lance writer, and as Communications Director for the Indiana Housing Finance Authority.

Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Labor and Employment Law Section; Fair Labor Standards Legislation Committee; Family and Medical Leave Act Subcommittee; contributing author, FMLA Subcommittee Annual Reports, 2000 - present)
  • Appendix Editor, FMLA treatise (published by BNA in 2006)
  • Defense Trial Counsel of Indiana (Former Board of Directors; past chair of Employment Law Section)
  • Federal Bar Association
  • Indiana State Bar Association (Employment Law Section)
  • Indianapolis Bar Association (Employment Law Section)
  • Indianapolis Equal Opportunity Advisory Board (former)
  • Day Nursery Association Board of Directors (former)
  • The Crossroads of America Council, Boy Scouts of America Board of Directors


  • Advanced Corporate Counsel 2018 - ''Antitrust Compliance and Anti-Poaching Agreements'' - French Lick - October 4 - October 5, 2018
  • ACI’s 31st National Forum on Wage & Hour Claims & Class Actions - ''Tracking the Latest Initiatives of the DOL Wage & Hour Division, Preparing for and Responding to Government Investigations and Developing Effective Strategies for DOL Prosecutions'' - New York - June 4 - June 5, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''DOL Download: PAID Program and Garnishments'' - Phoenix - May 10, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''Reducing the Risk of Wage and Hour Claims Through Effective Policies and Procedures'' - Phoenix - May 09, 2018
  • Ogletree Deakins Webinar - ''Hot Topics for Hospitality Employers: Wage & Hour Edition'' - September 27, 2017
  • Ogletree Deakins Workplace Strategies Seminar - ''Wage and Hour Roadmap—The State and Local Law Tour'' - San Diego - May 04, 2017
  • American Payroll Association 2016 Indiana Statewide Payroll Conference - ''FLSA – The New DOL Regulations and How to Avoid Flubs and Fumbles in Your Workplace'' - Indianapolis - September 15, 2016
  • Indiana State Council of SHRM - ''Paid Sick Leave Laws - Policy Challenges for Employers'' - Indianapolis - August 31, 2016
  • National Retail Federation Webinar - ''DOL Overtime Rules: Practical Guidance for Retailers and Chain Restaurants'' - June 08, 2016
  • Ogletree Deakins Workplace Strategies - ''FLSA Flubs and Fumbles: A Study Group on Wage and Hour Missteps (and How to Avoid Them in Your Workplace)'' - Chicago - May 2016
  • Evansville Human Resources Association Spring Conference - ''Increased Workplace Rights: The Attack on Joint Employment and Independent Contractor Relationships'' - Evansville - April 20, 2016
  • Ogletree Deakins Labor and Employment Law Briefing - ''Employment Law Update: 2016 and Beyond'' - Indianapolis - March 23, 2016
  • Webinar Series - ''The New Exemption Regulations . . . Coming Soon To Your Workplace!'' - August 06, 2015
  • Ogletree Deakins Workplace Strategies Seminar - ''The New Exemption Regulations'' - San Antonio - May 14, 2015
  • Emerging Infectious Diseases, Sponsored by the Marian County Public Health Department - ''Ebola in the Workplace'' - Indianapolis - November 10, 2014
  • ICLEF Corporate Counsel Masters Program - ''The New Frontier - Recent Developments in the NLRB's Focus on Non-Union Employers'' - French Lick
  • Managing a Workforce in 2015 - ''Leave as Reasonable Accommodations: How Much is Enough and is Anything Unreasonable?'' - Indianapolis - October 09, 2014
  • Labor & Employment Counsel Exclusive Program - ''Expecting the Unexpected - New Tactics in DOL Investigations'' - Dana Point - September 18, 2014
  • Indianapolis Bar Association - ''Contractor v. Employee: Avoiding Misclassification'' - Indianapolis - June 04, 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''Freaky Friday: New Misclassification Risks, Rules and Enforcement'' - Las Vegas - May 09, 2014
  • Evansville Human Resources Association - ''Employment Law Update: Top 10 Issues for HR Professionals'' - Evansville - April 30, 2014
  • Ogletree Deakins Managing a Workforce 2014 - ''Retaliation Litigation - The Second Bite At The Apple'' - Indianapolis - October 10, 2013
  • Indiana Chamber Benefits Seminar - ''Worker Misclassification - The Employee Benefit Plan Consequences'' - Indianapolis - September 12, 2013
  • Ogletree Deakins Workplace Strategies Seminar - ''The Ticking Timeclock: A Workshop on Common Wage and Hour Issues'' - New Orleans - May 11, 2013
  • October 2012 Indianapolis Client Seminar - Managing a Modern Workforce - ''When Wages & Benefits Collide - The Employment and Benefit Risks Run by Misclassification of Your Workforce'' - Indianapolis - October 03, 2012
  • May 2012 Workplace Strategies - ''What Color is Your Collar? Common Mistakes with White Collar Exemptions'' - Phoenix - May 10 - May 12, 2012
  • Ogletree Deakins Webinar - ''Wage and Hour Update 2012: What Employers Need To Know'' - March 14, 2012

Published Works


Our Insights

Federal DOL to Conduct Overtime Rule Listening Session in D.C., on October 17, 2018

October 12, 2018

Just in Time for Labor Day, DOL Creates Office of Compliance Initiatives and Unveils New Websites for Workers and Employers

August 30, 2018

DOL to Conduct Overtime Rule Listening Sessions in Multiple Cities in September 2018

August 27, 2018

The FLSA After 80 Years, Part I: Major Changes, Current Compliance Concerns, and Possible Revisions

June 26, 2018

An Early Groundhog Day: DOL Reissues 17 Opinion Letters That Had Been Withdrawn in 2009

January 08, 2018

With Overtime Appeal On Hold, When Should We Expect New Regulations?

November 09, 2017

Is This Appeal for Real? DOL Seeks Abeyance As It Formulates New Overtime Regulations

November 06, 2017

Trick or Treat: DOL and Texas AFL-CIO File Appeal Notices in Overtime Lawsuit

October 30, 2017

With the Overtime Appeal Over, It’s Now Time to Focus on the Do-Over

September 07, 2017

Labor Department to Withdraw Overtime Appeal

September 05, 2017

Hurricane Harvey: Wage and Hour Issues in the Wake of the Storm

September 01, 2017

Employer Victory: Federal Judge Invalidates 2016 Overtime Regulations

August 31, 2017

Hurricane Harvey: Six Positive Steps Employers Can Take to Help Their Employees

August 31, 2017

Overtime Appeal Oral Argument Scheduled for October 3

August 24, 2017

Oral Argument in Overtime Appeal to be Held in Early October

August 01, 2017

Trump DOL to the Fifth Circuit: Uphold Ability to Set a Salary Level, But Don’t Rule on $913 Per Week Threshold

June 30, 2017

DOL to Reinstate Issuance of Wage-Hour Opinion Letters

June 27, 2017

Overtime Appeal Faces Further Delay

February 17, 2017

Overtime Appeal Faces Uncertainty

January 26, 2017

Business Associations Support Injunction Blocking Overtime Rule

January 25, 2017

States Argue That Texas Court Properly Blocked Overtime Rule

January 18, 2017

Labor Department Argues That Texas Court Erred When It Blocked Overtime Rule

December 16, 2016

Fifth Circuit Agrees to Fast Track Overtime Appeal

December 09, 2016

Labor Department Seeks to Fast Track Overtime Appeal

December 02, 2016

Labor Department Announces Intent to Appeal Preliminary Injunction of Overtime Regulations on the Day the Regulations Were to Become Effective

December 02, 2016

Texas Judge Temporarily Blocks Overtime Regulations That Were to Become Effective on December 1

November 22, 2016

Three-Weeks to the Overtime Effective Date: Communicate With Employees Regarding Planned Compensation Changes, Overtime Eligibility

November 09, 2016

Storm Clouds and Silver Linings for Employers: An Analysis of the DOL’s Final FLSA Part 541 Regulations

May 18, 2016

New OT Regs About to be Published: Employers to Face a Dramatic Increase in Minimum Salary Requirement for Major Exemptions

May 17, 2016

Minimum Salary Threshold for Overtime Exemption Likely to Be $50,544

April 27, 2016

DOL Delivers Final Overtime Regulation Revisions to OIRA Ahead of Schedule

March 15, 2016

Are You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation

January 20, 2016

It’s Time to Work Overtime on Your Comments to the DOL

August 05, 2015

Should Employers Be Allowed to Count Nondiscretionary Bonuses Toward the FLSA’s Minimum Salary Threshold? The DOL Wants Your Comments

July 14, 2015

The Proposed Overtime Regulations: Are Your White Collar Employees Still Exempt?

June 30, 2015

Indiana Wage Law Amendments Become Effective on July 1, 2015

June 30, 2015

Avoiding Mistletoe Mishaps, Part I: Seven Employment Topics To Consider When Hiring Seasonal Workers

November 21, 2013

Misclassification of Employees as Independent Contractors Will Remain a Top Priority Under New U.S. Secretary of Labor

September 10, 2013

Indiana Supreme Court Allows Day Laborer’s Claim to Proceed Under Indiana Wage Payment Act

March 19, 2013

Minimum Wages Increase in 10 States

January 02, 2013

Seventh Circuit Holds that the ADA Mandates Reassignment of Disabled Employees to Vacant Positions

September 18, 2012

High Court Rules Pharmaceutical Sales Reps Are Exempt From FLSA's Overtime Requirements

June 18, 2012

Indiana Supreme Court Clarifies State Blacklisting Statute

April 02, 2012


Media Quotes

September 06, 2018 - SHRM Online - "DOL Will Listen to Employers on Upcoming Overtime Rule"
April 16, 2018 - SHRM Online - "The FLSA After 80 Years: How Has It Changed and What Lies Ahead?"
October 30, 2017 - Law360 - "Like A Horror Movie Villain, Obama OT Rule Fight Won't Die"