Kenneth N. Winkler
Attorney Profile
Top Rated Employment & Labor Attorney in Atlanta, GA
Kenneth N. Winkler, a shareholder at Berman Fink Van Horn, has practiced employment law since 1994. His practice concentrates on counseling employers and business owners on the numerous laws and regulations that govern the workplace.
Ken performs legal audits of client operations to ensure compliance. He also drafts company policies, employee handbooks, employment agreements, independent contractor agreements and severance agreements. Ken conducts #MeToo compliance training and other types of training for management and employees to proactively reduce the risk of litigation.
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. He is a member of the Industry Board of the Cecil B. Day’s School of Hospitality at Georgia State University.
Ken was named Georgia “Super Lawyer” based on research and surveys by Law and Politics Media (2010 – present, 2004); Super Lawyer Business Edition – Employment & Labor (2013-2012); and Best Lawyers in America: Litigation – Labor & Employment (2014-present). Based on peer reviews, he received a Martindale-Hubbell AV Preeminent rating for his legal ability and ethical standards. Ken has also been recognized by Georgia Trend Magazine as a “Legal Elite.”
Ken is Immediate Past Chair of the Board of Directors of the Marcus Jewish Community Center of Atlanta and serves as a member of the Atlanta Students of the Year Leadership Committee of the Georgia Chapter of the Leukemia and Lymphoma Society.
Ken graduated from 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 two children.
- 60%Employment & Labor: Employer
- 20%Business Litigation
- 20%Employment Litigation: Defense
Employment Law - Employee, Wage & Hour Laws, Whistleblower, Sexual Harassment, Labor Law, Trade Secret, Non-Compete Agreements, Employment Discrimination, Wrongful Termination, Employment Law - Employer
Selections
- Super Lawyers: 2004, 2010 - 2022
Additional Sources of Information About Kenneth N. Winkler
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About Kenneth N. Winkler
First Admitted: 1993, Ohio
Professional Webpage: https://www.bfvlaw.com/attorney/kenneth-n-winkler/
Honors/Awards
- Georgia Super Lawyer, Law and Politics Media, 2004, 2014-2017
- The Best Lawyers in America,, Best Lawyers, 2013-Present, 2013
- Esther Leah Ritz Next Generation of JCC Leadership Award, Jewish Community Centers Association of North America, 2006
- Georgia "Super Lawyer" Business Edition – Employment & Labor, 2012-2013
- AV Preeminent, Martindale-Hubbell
- One of Georgia’s Legal Elite , Georgia Trend magazine, 2011
Bar/Professional Activity
- United States Courts of Appeals: Sixth, Seventh, Eighth, and Eleventh Circuits
- United States District Court: Central District of Illinois
- American Bar Association
- Ohio Bar Association
- Georgia Hotel and Lodging Association
- United States District Courts: Northern and Southern Districts of Ohio
- Ohio, 1993
- Atlanta Bar Association
- Georgia State University: Cecil B. Day School of Hospitality Industry Board
- United States District Courts: Northern and Middle Districts of Georgia
- Georgia, 1994
- Georgia Bar Association
- Society For Human Resource Management
Videos
Educational Background
- The Ohio State University, B.S.B.A., summa cum laude, 1990
Scholarly Lectures/Writings
- 5 Key Employment Issues for 2016, Berman Fink Van Horn E-News, Winter 2015/2016., 5 Key Employment Issues for 2016, 2016
- Should Workers be required to get vaccinated? Some Georgia senior-care homes say yes., Should Workers be required to get vaccinated? Some Georgia senior-care homes say yes., The Atlanta Journal-Constitution, 2021
- “What’s Next? Top Considerations to Grow your Business after the Digital Pivot” (Moderator and a Featured Speaker during a BFV “Office Hours” Webinar, April 30, 2021), What’s Next? Top Considerations to Grow your Business after the Digital Pivot, 2021
- “Key Terms You Must Understand in Negotiating Executive Employment Agreements” (A featured Speaker to members of the Kettering Executive Development Special Interest Group, April 13, 2021), Key Terms You Must Understand in Negotiating Executive Employment Agreements, 2021
- Featured on 90.1 FM WABE broadcast, “Counties Expect More Training, More Poll Workers Will Make For Smoother Election.” Ken highlighted BFV’s employee policy to support the voting process, October 8, 2020, Counties Expect More Training, More Poll Workers Will Make for Smoother Election, 90.1 FM WABE broadcast, 2020
- Quoted in The Atlanta Journal-Constitution’s cover story, “Employers must weigh many issues in considering vaccine mandates,” December 18, 2020., Employers must weigh many issues in considering vaccine mandates, The Atlanta Journal-Constitution, 2020
- Georgia Hospitality Leaders Luncheon & Lodging Industry Showcase (Speaker to Georgia Hospitality Lodging Association members, November 14, 2019), Georgia Hospitality Leaders Luncheon & Lodging Industry Showcase, 2019
- “Relaunching your Business & Return-to-Work Employment Issues” (Presenter for BFV “Office Hours” webinar, May 22, 2020), Relaunching your Business & Return-to-Work Employment, https://www.bfvlaw.com/berman-fink-van-horn-office-hours-relaunching-your-business-return-to-work-employment-issues/, 2020
- “COVID-19/Protecting your Business Now & in the Future” (Co-Presenter for BFV “Office Hours” webinar, July 10, 2020), COVID-19/Protecting your Business Now & in the Future, https://www.bfvlaw.com/berman-fink-van-horn-office-hours-covid-19-protecting-your-business-now-in-the-future/, 2020
- “Emerging Exposures in Employment Litigation from Covid-19” (Presenter at the Atlanta Bar Association Zoom meeting, October 9, 2020) , Emerging Exposures in Employment Litigation from Covid-19, 2020
- “BFV Virtual Roundtable” on employment, real estate, noncompete/unfair competition and mergers and acquisitions topics (A Featured Speaker, December 4, 2020), BFV Virtual Roundtable, 2020
- “Employment Law Roundtable: Discussion of Both Recurring and Emerging Employment Issues” (A Featured Speaker on a State Bar of Georgia panel, January 26, 2021) , Employment Law Roundtable: Discussion of Both Recurring and Emerging Employment Issues, 2021
- Contracts – Matter Anymore?(Presentation on how contracts can make workplace expectations certain if the contracts are legal and enforceable, Community Bankers Association of Georgia Annual Southeast Financial Human Resource Conference, “Creating Some Certainty in the Midst of Workplace Uncertainty.” He also discussed if/when contracts should be used or avoided and the proposed New Gig Act of 2017, November 3, 2017)., Contracts – Matter Anymore?, 2017
- Protecting Trade Secrets and Confidential Information, published in “Hospitality Law – Managing Legal Issues in the Hospitality Industry,” 5th Edition, 2017., Protecting Trade Secrets and Confidential Information, Hospitality Law – Managing Legal Issues in the Hospitality Industry,” 5th Edition, 2017., 2017
- Featured in The Atlanta Journal-Constitution “Newsmakers” for his newly appointed role as chair of board of directors at MJCCA, May 6, 2018., Newsmakers, The Atlanta Journal-Constitution, 2018
- Quoted in The Atlanta Journal-Constitution article, “Sex scandals prompt new response: Consequences,” November 24, 2017., Sex scandals prompt new response: Consequences, The Atlanta Journal-Constitution, 2017
- Department Of Homeland Security Issues Final Rule Regarding No-Match Letters, 2007
- EEOC Initiatives Require Operators To Be Proactive, 2007
- Employers Beware when Drafting and Proposing Severance Agreements, 2007
- Race Discrimination Remains Challenging Issue For Hospitality Industry, Hospitality Lawyer Newsletter, 2006
- Contributing Editor, How Arbitration Works, 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, 1995
- Winkler quoted: "Recent union developments can’t be ignored", Nation’s Restaurant News, 2005
- Winkler quoted: "Big teen work force can cause big migraines without training in proper on-the-job conduct", Nation’s Restaurant News, 2005
- Winkler quoted: "Despite myriad problems the biggest issue facing industry is rise in racial discrimination", Nation’s Restaurant News, 2001
- Legal and Legislative Update, The Disability Management Employer Coalition GA/Atlanta Chapter Meeting, 2015
- A Sports Fan’s Guide to Human Resources, The Buckhead Club, 2014
- Preventing Discrimination & Harassment in the Hospitality Industry, GSU Cecil B. Day School of Hospitality, 2005- Present
- The New Era & Legal Challenges Facing the Hospitality Industry, Georgia Hotel & Lodging Association Forum, 2009
- Sexual Harassment Update: Uber's Latest Controversy and the EEOC's Renewed Focus on Workplace Harassment Policies and Training, Atlanta Bar Association L&E Section Spring Newsletter, 2017
- All that Glitters is not Gold: U.S. Women’s Soccer Team Challenges Pay Disparity, Atlanta Bar Association L&E Section Summer Newsletter, 2016
- Author, LinkedIn and Restrictive Covenants: Issues and Potential Pitfalls to Consider in the Age of Social Media, Altanta Bar Association, Labor & Employment Law Section LE News, 2010
- Keynote speaker to business community and clients of Whaley Hammonds Tomasello CPA firm. Seminar held at the Henry County Chamber of Commerce, October 18, 2016
- 5 HR Actions Every Emerging Business Should Take in 2010, 2010
- Guest speaker, Workplace Sexual Harassment: How Much Do You Know - Worldwide Employee Benefits Network (WEB), Atlanta Chapter, February 15, 2018, 2018
- Co-Presenter, Social Media and Human Resources - A Dangerous Pair or an Essential Duo for a Club?, 85th CMAA World Conference & Club Business Expo, 2012
- Co-presenter, Protecting your Business in the Wake of #MeToo" - Georgia Hospitality Lodging Association members, September 21, 2018, Protecting your Business in the Wake of #MeToo, 2018
- A Sports Fan's Guide to Human Resources, 22nd SHRM-Atlanta HR Conference, 2012
- Co-presenter, Worried About Leaving Employees Becoming Thieving Employees? - SHRM Atlanta Legal Summit, May 3, 2018, Worried About Leaving Employees Becoming Thieving Employees?, 2018
- Speaker, Simple Practices to Protect your Company and its Trade Secrets and Confidential Information - National Restaurant Association Human Resources/Risk & Safety Managers Executive Study Group, 2013
- Co-presenter, Update on Georgia Employment Law - Atlanta Bar Association Advanced Employment Law CLE program, March 29, 2018, Update on Georgia Employment Law, 2018
- Speaker, Social Media and Human Resources – A Dangerous Pair of and Essential Duo for a Club - CMAA World Conference and Club Business Expo, 2012, 2012
- Guide to Human Resources Laws in the Workplace (Shared imperative information that every employee handbook should contain and discussed disciplining and firing employees. National Business Institute seminar, December 5-6, 2017), Guide to Human Resources Laws in the Workplace, 2017
- Speaker , New Return to Work Strategies, Disability Management Employer Coalition (DMEC), 2013
- New Overtime Rules in 2016?, BFV E-News, 2015
- The Impact of Domestic Violence in the Workplace: Why Employers Should Pay Attention to the Ray Rice-NFL Controversy, Atlanta Bar Association Labor & Employment Bar Section Newsletter, 2014
- Lessons to Learn From the 2013 NCAA Football Season, BFV E-News, 2013
- Top 3 Employment Law Issues to be Aware of at the Start of 2013, BFV E-News, 2013
- The Game Has Changed: What Will Litigation Under The New Restrictive Covenants Act Look Like?, 2011
- Status Update: Risks to Employers from Social Media Use By Employees, 2011
- Employee or Independent Contractor? Avoiding Misclassification Pitfalls, 2009
- The American Recovery and Restoration Act Imposes New COBRA Subsidy Requirements, 2009
- Georgia’s New Law Permits Concealed Weapons, 2008
- President George W. Bush signed the Genetic Information Nondiscrimination Act (GINA), 2008
- President Signs New Act Expanding FMLA for Military Families, 2008
Pro bono/Community Service
- 2020 - Present - Momentum - Men's Council, 2020
- 2017 - 2018 - Atlanta Ronald McDonald House Charities, 2017
- 2016 - 2018 - Immediate Past Chair Board of Directors- Marcus Jewish Community Center of Atlanta, 2016
- Judge, 2013 NBLSA International Negotiation Competition, National Black Law Students Association
- Vice Chair, Board of Directors, Marcus Jewish Community Center of Atlanta, 2016
- 2015 - Present - Member, Atlanta Leadership Committee, Leukemia and Lymphoma Society, Georgia Chapter , 2015
- As a proud graduate of the @EmoryLaw Class of 92 and president of the Alumni Board of Emory Law School,… https://t.co/RU6xbfmG1v
- We're looking forward to Charles Van Horn and Katherine Silverman presenting at @NBICLE's upcoming course, “Georgia… https://t.co/XtffDBjG9c
- At today's @atlantabar webinar, The Great Resignation,” we were proud to have BFV's @NonCompeteNealW moderate and… https://t.co/g8EepXc6jb
- Excited for @BenjaminFink to moderate this afternoon's panel, “Navigating Trade Secret Systems in a Rapidly Changin… https://t.co/NHGaIC4fgZ
- #NCAATrademarks: Think Twice Before Advertising “March Madness” Make sure you get a license from the #NCAA before t… https://t.co/PGn5frCwXR
Last Updated: 5/15/2022