Top Rated Employment & Labor Attorney in Atlanta, GA

Berman Fink Van Horn P.C.

| 3475 Piedmont Road Northeast, Suite 1100
Atlanta, GA 30305

Visit: https://www.bfvlaw.com

Phone: 404-261-3988

Fax: 404-233-1943

Selected To Super Lawyers: 2004, 2010 - 2021

Licensed Since: 1994

Education: The Ohio State University Michael E. Moritz College of Law

Practice Areas:

Employment & Labor: Employer (60%),
Business Litigation (20%),
Employment Litigation: Defense (20%)

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Attorney Profile

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 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.

Practice Areas

60%Employment & Labor: Employer
20%Business Litigation
20%Employment Litigation: Defense

Focus Areas

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 - 2021

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About Kenneth Winkler

Admitted: 1994, Georgia

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

Pro bono/Community Service:

Atlanta Ronald McDonald House Charities, 2018
Chair Board of Directors- Marcus Jewish Community Center of Atlanta, 2018
Judge, 2013 NBLSA International Negotiation Competition, National Black Law Students Association
Vice Chair, Board of Directors, Marcus Jewish Community Center of Atlanta, 2016
Leukemia and Lymphoma Society

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
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