Kenneth N. Winkler
Top rated Employment & Labor attorney in Atlanta, Georgia
Berman Fink Van Horn P.C.Practice Areas: Employment & Labor, Business Litigation, Employment Litigation; view more
Licensed in Georgia since: 1994
Education: The Ohio State University Michael E. Moritz College of Law
Call today:
404-261-3988
Berman Fink Van Horn P.C.
3475 Piedmont Road NortheastSuite 1640
Atlanta, GA 30305 Visit website
Details
Shareholder at Berman Fink Van Horn
Growing a business and managing a workforce are some of the most significant challenges faced by today’s leaders. Kenneth Winkler, a shareholder at Berman Fink Van Horn, provides expert counsel to employers navigating the complex landscape of employment law. With nearly 30 years of experience, Ken excels in delivering practical, solution-oriented advice to business owners, employers, and organizational leaders, helping them maintain a compliant and efficient workplace.
Ken’s broad-based employment law practice is designed to support businesses at every level. He drafts and revises workplace policies and employment agreements, guides employers through terminations, disciplinary actions, and investigations, and provides on-site #MeToo harassment training. While his primary focus is on helping employers manage their workforce, Ken also provides tailored support to C-suite executives, offering advice on executive agreements, severance packages, non-compete clauses, and other critical employment matters.
Additionally, Ken represents both plaintiffs and defendants in disputes related to restrictive covenants, including non-compete, non-solicitation, non-recruitment, and confidentiality agreements, as well as trade secrets protection.
As the hospitality lead at Berman Fink Van Horn, Ken serves as General Counsel to the Georgia Hotel & Lodging Association and sits on the Industry Board of the Cecil B. Day School of Hospitality at Georgia State University
Practice areas
Employment & Labor: Employer, Business Litigation, Employment Litigation: Defense, Employment & Labor: Employee, Employment Litigation: PlaintiffFocus areas
Employment Discrimination, Employment Law - Employee, Employment Law - Employer, Labor Law, Non-Compete Agreements, Sexual Harassment, Trade Secret, Wage & Hour Laws, Whistleblower, Wrongful Termination
- 40% Employment & Labor: Employer
- 20% Business Litigation
- 20% Employment Litigation: Defense
- 10% Employment & Labor: Employee
- 10% Employment Litigation: Plaintiff
First Admitted: 1993, Ohio
Professional Webpage: https://www.bfvlaw.com/attorney/kenneth-n-winkler/
- 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
- 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, 2021-2022 NBLSA Mid-Atlantic Regional Moot Court Competition Judge, 2013 NBLSA International Negotiation Competition, National Black Law Students Association
- Vice Chair, Board of Directors, Marcus Jewish Community Center of Atlanta, 2016
- 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
- The Ohio State University, B.S.B.A., summa cum laude, 1990
- 5 Key Employment Issues for 2016, Berman Fink Van Horn E-News, Winter 2015/2016., 5 Key Employment Issues for 2016, 2016
- “Restrictive Covenants and Non-Competes” (Co-Presenter at The Seminar Group’s 19th Annual Labor and Employment Law Conference, October 13, 2022), Co-Presenter, Restrictive Covenants and Non-Competes, 2022
- “Employment Law and COVID-19” (Moderator at the Atlanta Bar Association Labor & Employment Law Section Lunch Webinar Series, April 21, 2022), Moderator, Employment Law and COVID-19, 2022
- “Noncompetes and Restrictive Covenants 2021: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know” (A Featured Speaker at the Practising Law Institute, September 20, 2021), Speaker, Noncompetes and Restrictive Covenants 2021: What Every Lawyer, Human Resources Professional, and Key Strategic Decisionmaker Should Know, 2021
- Avoiding The Most Common Employee-Termination Mistake, Law360 Employment Authority, January 24, 2022, Avoiding The Most Common Employee-Termination Mistake, Law360 Employment Authority, 2022
- Quoted in The Atlanta Journal-Constitution, “Georgia employers are back on their own after courts vaccine ruling,” January 14, 2022, Georgia employers are back on their own after courts vaccine ruling, The Atlanta Journal-Constitution, 2022
- Quoted in The Atlanta Journal-Constitution, “Exemptions for employee COVID vaccine requirements hard to obtain,” December 2, 2021, Exemptions for employee COVID vaccine requirements hard to obtain, The Atlanta Journal-Constitution, 2021
- 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
Office location for Kenneth N. Winkler
3475 Piedmont Road Northeast
Suite 1640
Atlanta, GA 30305
Phone: 404-261-3988
Selections
- Super Lawyers: 2004, 2010 - 2025