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With 17 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Is It Dead? The Department of Labor’s 2024 Rule Increasing the Minimum Salary Threshold for Exempt Employees Is Vacated – For Now

Federal Contractors Must File Objections to Prevent the Release of EEO-1 Reports Under FOIA

Daniel Kaufman Comments on Changes to FTC Under Trump Administration

Nichole Sterling Speaks at ABA International Law Section Fall Conference

Kevin is creative, a good listener and dedicated to clients. As a counselor and a class action litigator, he focuses on each client’s specific needs and develops unique strategies to place them in the best light, both legally and publicly, while handling litigation and non-litigation matters efficiently and effectively. Clients trust Kevin’s counsel on business and legal issues because he listens to their concerns and understands their operations and corporate culture. This investment in each client's business and its particular goals and objectives, and Kevin's appreciation for the personal and professional challenges clients face every day, makes him a highly valued advisor and litigator, and has led to 25+ year relationships with numerous clients. Through these relationships, he has handled class action and government-initiated litigation throughout the U.S. This broad experience enables him to draw from the laws and procedures in different jurisdictions when developing key strategies for each case, regardless of where it is pending.

Kevin has been ranked by Chambers USA since 2004 and been named as one of the top 10 employment lawyers in Florida for multiple years. He was the first BakerHostetler employment lawyer named in Chambers Global: Labor and Employment (USA) (2020). He also has been recognized by The Best Lawyers in America® since 2006 and was named as a 2017 Lawyer of the Year for Litigation - Labor and Employment. The Legal 500 also has ranked Kevin in Labor and Employment Law.

core/freeform

J.D., Catholic University of America, Columbus School of Law, 1983

B.B.A., University of Notre Dame, 1980, 

<ul>
<li>Chambers Global: Labor and Employment (USA)
<ul>
<li>Band 3 (2020, 2022 to 2023)</li>
</ul>
</li>
<li>Chambers USA: Labor and Employment in Florida (2004 to 2024)
<ul>
<li>Band 1 (2004 to 2008, 2019 to 2024), Band 2 (2009 to 2018)</li>
</ul>
</li>
<li>The Legal 500 United States
<ul>
<li>Recommended in Labor and Employment Disputes (including collective actions): Defense (2015 to 2021, 2023)</li>
</ul>
</li>
<li>The Best Lawyers in America®
<ul>
<li>Florida: Employment Law &#8211; Management (2006 to 2025)</li>
<li>Florida: Labor Law &#8211; Management (2006 to 2025)</li>
<li>Florida: Litigation &#8211; Labor and Employment (2016 to 2025)
<ul>
<li>Best Lawyers® &#8220;Lawyer of the Year&#8221; (2017)</li>
</ul>
</li>
<li>Florida: Qui Tam Law (2017 to 2025)</li>
</ul>
</li>
<li>Orlando Magazine: Best Lawyers (2016)</li>
<li>Certified Compliance and Ethics Professional by the Society of Corporate Compliance &amp; Ethics (2012 to 2014)</li>
<li>The International Who’s Who of Management Labour and Employment Lawyers (2007, 2009, 2013, 2014)</li>
<li>Martindale-Hubbell: AV Preeminent</li>
<li>Florida Trend &#8220;Legal Elite&#8221;</li>
<li>Florida &#8220;Super Lawyer&#8221; (2006 to 2019, 2022 to 2024)</li>
<li>Lawdragon, 500 Leading U.S. Corporate Employment Lawyers (2020 to 2025)</li>
<li>Seminole County Legal Aid Society Pro Bono Service Award (2021)</li>
</ul>

Orlando

Chambers USA Guide 2024 Recognizes 155 BakerHostetler Attorneys and ­66 Practice Areas

BakerHostetler Attorneys and Practice Areas Recognized in The Legal 500 2023 Guide

Chambers USA Guide 2023 Honors 147 BakerHostetler Attorneys and Recognizes 64 Practice Areas

Thirteen BakerHostetler Attorneys, Eight Practice Areas Ranked in 2023 Edition of Chambers Global

Hundreds of BakerHostetler Attorneys Honored as 2023 Best Lawyers, Ones to Watch and Lawyers of the Year

BakerHostetler Attorneys, Practice Areas Shine in The Legal 500 2022 Guide

Chambers USA Guide 2022 Honors 145 BakerHostetler Attorneys and Recognizes 62 Practice Areas

Eleven BakerHostetler Attorneys, Seven Practice Areas Ranked in 2022 Edition of Chambers Global

Florida Doubles Down on Its Anti-Vaccine Mandate Stance

Ten Partners Recognized in Lawdragon “Leading Corporate Employment Lawyers 500” List

Eleventh Circuit Rejects Trump Administration’s Opinion Letter And Effectively Reinstates 80/20 Rule For Non-Tipped Related Duties

191 BakerHostetler Attorneys Named in 2022 “Best Lawyers” List; 10 Recognized as “Lawyer of the Year”

BakerHostetler Attorneys, Practice Areas Recognized in The Legal 500 Guide for 2021

Chambers and Partners USA Honors 134 BakerHostetler Attorneys and 55 Practice Areas in 2021 USA Guide

Nine BakerHostetler Attorneys, Three Practice Areas Ranked in 2021 Edition of Chambers Global

Guidance from the EEOC on the Latest COVID-19 Question: Can Employers Require COVID-19 Vaccines?

$2 Trillion CARES Act Provides Significant Tax and Workforce Relief for Businesses, Individuals

BakerHostetler Attorneys Make Significant Gains in The Legal 500 Annual Guide

Chambers and Partners USA Honors 127 Attorneys and 43 Practice Areas in 2019 Guide

BakerHostetler Boosts High Marks in the Legal 500 2018 Annual Guide

Chambers and Partners USA Honors 118 Attorneys and 45 Practice Areas in 2018 Guide

150 BakerHostetler Attorneys Named 2016 Super Lawyers; 91 Named Rising Stars

Employment Counseling and Training

Labor Relations

Employment Litigation and Arbitration

Employment/Wage and Hour Class Actions

Labor and Employment

Noncompete and Trade Secrets

OSHA Defense

COVID-19 Compliance

Reduction in Force (RIF) and Furlough Compliance

Labor and Employment: Hospitality Industry

<ul>
<li>Handled the first historic lawsuit in which the Equal Employment Opportunity Commission (EEOC) sought to apply Title VII&#8217;s prohibition against sex discrimination to claims of sexual orientation discrimination. Due in large part to Kevin&#8217;s reputation for effecting partnership settlements with federal agencies, along with the client&#8217;s long-term demonstrated good faith efforts to prevent sexual orientation discrimination, the EEOC agreed to stay the litigation while the parties discussed settlement. Without filing a single court pleading, Kevin&#8217;s team convinced the EEOC to accept a settlement proposal that specifically acknowledged the client&#8217;s forward-thinking policies and created an unprecedented partnership between the client and the EEOC to develop a training module on LGBTQ workplace issues that the EEOC could provide to employers throughout the U.S. The EEOC&#8217;s press release commended the client for its long-standing policy against discrimination on the basis of sexual orientation and praised the &#8220;landmark settlement.&#8221; More than 130 media outlets around the world covered the settlement.</li>
<li>Kevin and his team handled a purported class and collective action lawsuit filed by 24 named plaintiffs in the U.S. District Court for the Northern District of Georgia. The lawsuit included claims for violations of the FLSA, the Family and Medical Leave Act, Title VII, the Americans with Disabilities Act and race discrimination and harassment under Section 1981. After discovery, the class and collective claims were abandoned, the case was confined to one restaurant location, six plaintiffs&#8217; claims were dismissed outright by the court and the matter ultimately settled amicably after a two-day settlement conference before with a federal magistrate judge.</li>
<li>Defended the first claim brought under Florida&#8217;s &#8220;Guns at Work Law.&#8221; An employee was terminated after bringing a gun into the parking lot of his place of employment and he filed an injunction action against his employer, claiming he was allowed to do so under the new law. Kevin effectively argued that the law did not apply to his client and that the employee had no standing to bring an injunction action. The case was covered nationally by several news services and was, for a time, covered almost daily by the local media.</li>
<li>Represented two of the world&#8217;s foremost telecommunication technology experts who were wrongly accused of misappropriating trade secrets and misusing patents. Working closely with counsel representing his clients&#8217; employer, Kevin developed a strategy to preserve his clients&#8217; use of the highly specialized technology that was critical to their employer&#8217;s success. The case lasted for almost three years and involved depositions throughout the U.S. and in parts of Europe. The case ultimately settled favorably, his clients&#8217; use of the technology was preserved and no injunctive relief or damages were imposed against his clients.</li>
<li>When whistleblower claims made against one of the country&#8217;s largest agricultural interests threatened to jeopardize the client&#8217;s highly valued relationship with its largest retailer, Kevin rapidly resolved the claims. Kevin and his client were transparent in dealing with the retailer and conducted an immediate investigation into all of the whistleblower&#8217;s claims. The retailer was kept fully informed about the investigation&#8217;s scope and results. The investigation established that there was no merit to any of the whistleblower&#8217;s allegations and the client&#8217;s business relationship was preserved.</li>
<li>Helped numerous companies avoid class certification in both FLSA and Title VII cases, including several high-profile tip-pooling cases for national employers, several financial industry off-the-clock and misclassification cases filed by some of the largest plaintiff firms in the country and a Commissioner&#8217;s Charge filed by the chair of the Equal Employment Opportunity Commission. In the latter purported class action involving more than 10,000 potential claimants, Kevin negotiated a settlement that did not involve any monetary payment or admission of liability and which resulted in a joint press release by the EEOC and the client in which the EEOC complimented the client&#8217;s diversity efforts and hiring programs.</li>
<li>Represents a variety of companies in a number of industries and has a substantial restaurant industry practice. He represents nationwide chains, regional operators and significant franchisees. He has participated in three amicus briefs filed on behalf of the Restaurant Law Center in the U.S. Supreme Court, the Ninth Circuit Court of Appeals and the Eleventh Circuit Court of Appeals, on arbitration agreements and website access issues. He and his team have defended over 50 wage and hour cases involving restaurant employers.</li>
<li>Frequently consults with C-suite executives on a variety of legal and business issues, including corporate restructuring, regulatory and statutory compliance and ethics, reductions-in-force, leadership transitions (in both publicly traded and privately held businesses) and internal complaints and investigations. He also negotiates employment contracts and severance agreements for C-suite executives, including a substantial number of agreements in the bio-science, pharmaceutical, logistics and restaurant industries.</li>
<li>Kevin&#8217;s appellate experience includes statutory interpretation and constitutional cases before the Florida Supreme Court, the U.S. Supreme Court, the Eleventh Circuit Court of Appeals and many other federal and state appellate courts.</li>
<li>In a union election, Kevin prevailed for his client, Florida&#8217;s largest private transportation company, using a multimedia campaign that included social media, video presentations and multifaceted campaign literature. The company&#8217;s campaign resulted in an election turnout of more than 90 percent, and 68 percent of the employees rejected the union. His team also represented the Greater Orlando Aviation Authority in an election campaign involving the airport’s firefighters, and the union was soundly defeated. Kevin has negotiated private and public sector collective bargaining agreements, including negotiations with the Florida Nurses Association, the Teamsters, the IAFF and the PBA.</li>
<li>Has represented employers from a range of industries in OSHA investigations, safety training and safety program development. His OSHA investigation experience includes, among other claims, bloodborne pathogen contamination, several employee death cases and chemical contamination cases. The industries include transportation, construction, automobile parts manufacturing, educational institutions and construction and electrical equipment manufacturing.</li>
<li>Defended two class actions challenging Orange County’s Affirmative Action Plan (AAP) for its Fire and Rescue Division (OCFRD) and an individual case challenging the City of Orlando’s AAP for its Fire Department. After class certification was denied in the Orange County cases, the parties settled and the settlement preserved all AAP hires and promotions and allowed the AAP to stay in place. The City of Orlando case was tried in federal court, and the district court’s favorable ruling was upheld on appeal to the Eleventh Circuit. In another case challenging OCFRD’s promotion exam, Kevin obtained summary judgment after the plaintiffs’ expert’s opinion was rejected by the court after conducting a Daubert hearing.</li>
</ul>

Kevin W. Shaughnessy

Kevin W. Shaughnessy

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