Kevin S. Joyner - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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Kevin S. Joyner

Listed in Best Lawyers since 2016
Phone: 919-789-3175

Mr. Joyner represents employers in a myriad of employment-related and complex commercial matters, including litigation involving, discrimination, wage and hour, wrongful discharge and other claims and matters in state and federal courts and administrative agencies. Mr. Joyner has extensive experience representing employers in wage and hour class action and collective action defense, particularly involving alleged tip credit violations in the restaurant industry and misclassification of exemption from overtime status. Mr. Joyner also has extensive experience in litigating high stakes matters in the context of motions seeking temporary restraining orders and other injunctive relief matters involving restrictive covenant (non-compete, non-solicit, no-raiding, confidentiality agreements), misappropriation of trade secret, tortious interference, unfair competition, and related cases.

Mr. Joyner’s also includes providing regular counseling to employers on matters of wage and hour compliance, employee discipline and termination, enforcement and implementation of employment policies, workplace investigations and reductions in force. Mr. Joyner also prepares and reviews policy and procedure manuals and employee handbooks, and drafts employment contracts, covenants not to compete, severance agreements, and settlement agreements. He was named as a North Carolina Rising Star for 2009, 2010, and 2011, a distinction awarded  to attorneys under the age of 40 based on 12 indicators of peer recognition and professional achievement.

Additional Information

Other Court Admissions
  • U.S. District Court, Eastern, Middle and Western Districts of North Carolina
  • U.S. Court of Appeals, Fourth Circuit
Experience

Trial and Litigation Experience: 

  • Mr. Joyner recently obtained a trial verdict representing a general contracting firm in a commercial contract dispute involving a temporary staffing agency.
  • Mr. Joyner has been lead counsel in obtaining temporary restraining orders and preliminary injunctions and obtained successful results on multiple occasions in restrictive covenant (non-compete, non-solicit, no-raiding, confidentiality agreements), misappropriation of trade secret, tortious interference, unfair competition, and related cases.
  • Mr. Joyner has been lead counsel in obtaining emergency injunctive relief on multiple occasions for employers facing potential workplace violence situations.
  • Mr. Joyner has been lead counsel in multiple lawsuits brought by the EEOC alleging violations of Title VII.
  • Mr. Joyner obtained summary judgment and an appellate victory at the Fourth Circuit Court of Appeals in a race discrimination and retaliation case brought by a former HR Manager against a national retail establishment.
  • Mr. Joyner successfully represented a national bookseller in a Department of Labor wage and hour audit regarding classification of managers.
  • Mr. Joyner has obtained summary judgment for several clients in various industries related to employment discrimination lawsuits.
Part 2
  • Mr. Joyner obtained summary judgment, which was affirmed by the North Carolina Court of Appeals, in a case on behalf of a temporary employment agency sued for negligence of its assigned employee.
  • Mr. Joyner successfully represented a franchisee in litigation brought by a franchisor to enforce a noncompete clause in a franchise agreement after the franchisor terminated the franchise relationship.  The franchisor ultimately paid the franchisee, and the franchisee was allowed to remain in business.

Wage and Hour Class and Collective Actions:

Mr. Joyner has successfully represented clients in multiple class and collective action litigation involving wage and hour claims alleging tip credit violations for improper tip pooling in the restaurant industry.  Some examples include:

  • Lead counsel defending a multi-state employer restaurant group with potentially more than 4,000 class members in an allegation of tip credit violation involving the use of tip pooling
  • Lead counsel for a national franchise restaurant group in an allegation of tip credit violation involving the use of tip pooling
Part 3

Mr. Joyner has co-lead the defense of multiple class and collective action litigation involving other wage and hour claims.  Some examples include: 

  • Co-lead attorney successfully representing Fortune 50 insurance company in nationwide collective action wage and hour litigation alleging misclassification of workers for overtime purposes and involving approximately $6 million in potential exposure.  Obtained a federal court order denying class certification on two occasions.
  • Co-lead attorney successfully representing Fortune 500 consumer goods company in class and collective action wage and hour litigation alleging off-the-clock work for time spent donning and doffing uniforms and involving approximately $20 million in potential exposure.

Mr. Joyner has also lead the defense of putative Rule 23 class actions brought under the North Carolina Wage and Hour Act for alleging off-the-clock work and promised wages.

Employment — On a daily basis, Mr. Joyner provides counseling services to corporate counsel, HR professionals, and a wide-range of management with employees working all over the United States and internationally in virtually every area of employment-related matters, with a particular focus on managing both the legal and practical consequences of management actions. The counseling to employers includes litigation avoidance and implementing policies that are in conformance with the various federal and state employment laws, including the FLSA, FMLA, ADA, Title VII, and North Carolina Wage and Hour Act.

Mr. Joyner has effectively represented employers in over 200 administrative agency matters such as complaints filed with the Equal Employment Opportunity Commission, the United States Department of Labor, the Occupational Health and Safety Administration, and similar state administrative agencies in North Carolina, South Carolina, Virginia, Pennsylvania, Colorado, Florida, Ohio, and Michigan.
Policies, Agreements, and Training: — Mr. Joyner regularly prepares and reviews employee handbooks, personnel policies, compensation plans, and employment agreements.  He also develops and provides legal education and training to management and employees of various small business and corporate level clients involving topics ranging from legal specific anti-harassment awareness training and managing leaves of absences and disabilities under the Family and Medical Leave Act and the Americans with Disabilities Act to interviewing guidelines, how to manage employees, and strategies for avoiding retaliation and lawsuits in general.
East Carolina UniversityBSBA East Carolina UniversityMBA Campbell University School of LawJ.D.
Shiloh Presbyterian Church Triangle SHRM ChapterWake County Bar AssociationNorth Carolina Bar Association

Office Location

4208 Six Forks Road, Suite 1100
Raleigh, NC 27609
United States


Practice Areas

Employment Law - Management
Litigation - Labor and Employment