Kenneth N. Winkler is a shareholder in the firm. Ken’s practice concentrates on counseling public and private employers in all areas of employment law. He has extensive experience training employers and their managers to handle day-to-day employee issues. Ken drafts personnel policies and employee handbooks for employers of all sizes to ensure compliance with the various laws that govern the workplace.
Ken has represented employers in employment litigation in federal and state courts and before administrative agencies such as the Equal Employment Opportunity Commission, the U.S. Department of Labor and the National Labor Relations Board, as well as handling discrimination and harassment claims brought under the spectrum of employment laws including Title VII of the Civil Rights Act of 1964, the American With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA) and other federal, state and local statutes and regulations.
Ken’s practice also includes representation of both plaintiffs and defendants in disputes involving restrictive covenants including non-compete, non-solicitation of customers, non-recruitment of employees, non-disclosure/confidential information and trade secrets provisions as well as disputes involving tortious interference with business and contractual relations, breach of fiduciary duty and/or duty of loyalty.
Ken leads the firm’s hospitality team and serves as the General Counsel to the Georgia Hotel & Lodging Association and is a member of the the Industry Board of the Cecil B. Day’s School of Hospitality at Georgia State University. Ken is a frequent publisher and speaker on issues affecting the hospitality industry and presents regularly to the National Restaurant Association’s Human Resources Executive Group on various legal issues.
Ken is a Vice President of the Marcus Jewish Community Center of Atlanta and serves on the Leukemia and Lymphoma Society’s Executive Committee for the annual Rhubarb Jones Celebrity Golf Tournament.
Ken attended The Ohio State University and obtained his law degree from The Ohio State University Moritz College of Law. Ken is married to Lauri Winkler and has a daughter Ally and a son Max. Ken enjoys playing tennis, golf, softball and basketball and coaching youth sports.
Education
B.S.,The Ohio State University, summa cum laude 1990
J.D.,The Ohio State University College of Law, 1993
- Managing Editor, The Ohio State Law Journal
Bar Admissions
Georgia, 1994
Ohio, 1993
Federal
- United States Courts of Appeals: Sixth, Seventh, Eighth,
and Eleventh Circuits
- United States District Courts: Northern and Middle
Districts of Georgia
- United States District Courts: Northern and Southern
Districts of Ohio
- United States District Court: Central District of Illinois
Professional Memberships
American Bar Association
Georgia Bar Association
Atlanta Bar Association
Ohio Bar Association
Society For Human Resource Management
National Restaurant Association
Georgia Restaurant Association
- Education & Events Committees
Georgia State University Cecil B. Day School of Hospitality
Industry Board
Georgia Hotel and Lodging Association
Articles and Publications
LinkedIn and Restrictive Covenants: Issues and Potential Pitfalls to Consider in the Age of Social Media(August 2010)
5 HR Actions Every Emerging Business Should Take in 2010(Winter 2010)
Employee or Independent Contractor? Avoiding Misclassification Pitfalls(Fall 2009)
Football Hall Deal Has a Fumble Fee(October 2009)
The American Recovery and Restoration Act Imposes New COBRA Subsidy Requirements(February 2009)
Georgia’s New Law Permits Concealed Weapons(June 2008)
President George W. Bush signed the Genetic Information Nondiscrimination Act (GINA)(May 2008)
President Signs New Act Expanding FMLA for Military Families(February 2008)
Department Of Homeland Security Issues Final Rule Regarding No-Match Letters(August 2007)
EEOC Initiatives Require Operators To Be Proactive (August 2007)
Employers Beware when Drafting and Proposing Severance Agreements(June 2007)
Race Discrimination Remains Challenging Issue For Hospitality Industry Hospitality Lawyer Newsletter
(November 2006)
Winkler: “Recent union developments can’t be ignored”
Nation’s Restaurant News, September 19, 2005
“Big teen work force can cause big migraines without training in proper on-the-job conduct”
Nation’s Restaurant News, May 16, 2005
“Despite myriad problems the biggest issue facing industry is rise in racial discrimination”
Nation’s Restaurant News, December 17, 2001
How Arbitration Works, Contributing Editor, Sixth Edition (American Bar Association)
“Baseball, Apple Pie and Section 10(j): The Americanization of Injunctive Relief under the NLRA”
CCH Labor Law Journal, Vol. 46 N. 8, August 1995
Speaking Engagements/Appearances
American Culinary Federation (ACF) Southeastern Regional Conference, Savannah, GA (February 2006)
GSU Cecil B. Day School of Hospitality, (March 2006, October 2005)
Winning Restaurant Accounting And Operation Strategies in Georgia, Lorman Education Services (July 2005)
”Serving Alcohol Responsibly” GRA ServSafe Alcohol Launch
National Restaurant Association Human Resources Executive Study Group (2002-present)
The Ohio State University – Hospitality Mgt. (April 2003-present)
ADP/GRA Restaurant Seminar (2004)
Georgia Society of Orthoticists & Prosthetists (2004)
Community Involvement
Marcus Jewish Community Center of Atlanta
- Board of Directors
- Barbara and Sanford Orkin Camp Chai, Committee Chairman
- Shirley Blumenthal Park Rec. & Wellness, Committee Chairman
Leukemia and Lymphoma Society
- Rhubarb Jones Celebrity Golf Tournament, Sponsorship Chairman
Honors
2004 and 2010 Georgia “Super Lawyer” based on research and surveys by Law and Politics Media
JCC’s of America 2005 Esther Leah Ritz Next Generation Award