Kevin S. Joyner

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.

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

• 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

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.