Kenneth B. Siepman

Shareholder | Indianapolis

For more than 30 years, Ken Siepman has represented and advised employers on a wide array of labor and employment issues, including ADA, ADEA, FLSA, FMLA, Title VII, NLRA, covenant not to compete/trade secret matters, wage claims, and wrongful discharge. Ken regularly serves as lead counsel for employers in federal and state courts, arbitrations, and administrative agencies such as the EEOC, NLRB, OSHA, and the Indiana and United States Departments of Labor. He also has represented employers before the United States Court of Appeals for the Sixth and Seventh Circuits on several occasions.

Ken devotes a significant portion of his practice to litigation avoidance and counseling. He partners with employers to provide training on ADA, FMLA, OSHA, wage-hour, hiring/interviewing, employee terminations, workplace harassment/discrimination, and positive employee relations. He also assists employers to develop employment applications, contracts, personnel policies and handbooks, noncompete agreements, severance agreements, and other employment-related documents.

More About Kenneth B. Siepman

Experience

Obtained summary judgment for employer in ERISA action alleging the employer failed to contribute pension and health and welfare benefits under a multi-employer nationwide collective bargaining agreement
Prepared amicus brief on behalf of Council on Labor Law Equality in General Motors LLC, 369 NLRB No. 127 (2020)(overruling prior law and applying Wright Line analysis to determine whether discipline of employee for abusive conduct in the context of union or protected concerted activity is lawful)
Prepared amicus brief on behalf of Council on Labor Law Equality in Caesars Entertainment, 368 NLRB No. 143 (Dec. 16, 2019) (overruling Purple Communications and returning to Register Guard holding that an employer may limit employees’ use of company email and other information-technology resources for non-business purposes)
Prevailed at NLRB in case reversing the law and allowing employer, consistent with past practice, unilaterally to modify health care benefits during a hiatus between collective bargaining agreements, Raytheon Network Centric Sys., 365 NLRB No. 161 (Dec. 17, 2017)
Obtained directed verdict at trial on ADA claim for national retailer
Secured Seventh Circuit victory for an automotive manufacturer in Title VII national origin discrimination and retaliation case, Hnin v. TOA (USA), LLC 751 F. 3d 499 (7th Cir. 2014)
Prevailed at Seventh Circuit in ADA case for international manufacturer, Majors v. General Electric Co. 714 F. 3d 527 (7th Cir. 2013)
Obtained injunction and six-figure settlement in trade secrets and unfair competition case for international company
Secured Seventh Circuit victory in Title VII sex discrimination and harassment action for a college, Minor v. Ivy Tech State College 174 F. 3d 655 (7th Cir. 1999)
Obtained Seventh Circuit victory in ADA case for hospital, Schmidt v. Methodist Hosp., 89 F. 3d 342 (7th Cir. 1996)
Prepared Amicus brief for the International Association of Automotive Manufacturers and the American Automobile Manufacturers Association in Dalton v. Subaru-Isuzu Automotive, Inc., 141 F.3d 667 (7th Cir. 1998)
Prevailed in the Sixth Circuit in Title VII religious discrimination case for national retailer
Obtained Sixth Circuit victory in ADA case for international restaurant company
Secured no liability resolution for home health care company in FLSA audit by DOL
Prevailed at NLRB trial on behalf of a national telecommunications company charged with violating Section 8(a)(5) of the NLRA
Defeated union representation petitions filed with the NLRB against companies in Alabama, Alaska, California, Colorado, Florida, Georgia, Indiana, Illinois, Kansas, Kentucky, Michigan, New Mexico, New York, Ohio, Pennsylvania, and Texas
Obtained trial victory at the NLRB on behalf of national retailer charged with violating Sections 8(a)(1) and (3) of the NLRA
Negotiated initial, and renewal, collective bargaining agreements on behalf of multiple employers
Negotiated a plant closing agreement in conjunction with an employer’s consolidation of operations

Education & Admission

Professional Activities

Speeches

Workplace Safety Symposium – “Just Say “No”(When You Can): Employer Rights in Inspections” – Austin – December 7, 2023
Workplace Safety Symposium – “The Top 10 Workplace Safety Mistakes Employers Make (But Don’t Have To)” – Austin – December 7, 2023
Ogletree Deakins Managing a Workforce in 2024 Seminar – “Leave Me Be! Managing Employee Requests for Leaves and Accommodations” – Carmel – September 21, 2023
2022 Indiana Human Resources Seminar: Essentials for the HR Professional in the Now Normal – “Leaves, Leaves and More Leaves! Successfully Managing the Most Difficult Situations” – French Lick Resort – July 21, 2022
Indiana Chamber of Commerce FMLA Seminar – “Real-Life Scenarios, Curbing FMLA Abuse, and the Latest on COVID-19” – Indianapolis – June 22, 2022
Indiana Chamber of Commerce FMLA Seminar – “Recurring Tricky Issues Under the FMLA” – Indianapolis – June 22, 2022
Indiana Chamber of Commerce Annual Human Resources Seminar – “Leaves, Leaves and More Leaves! Successfully Managing the Most Difficult Situations” – May 5, 2022
Indiana Chamber of Commerce – “Special Issues Under the FMLA,” “Overlap with ADA, STD, and Worker’s Compensation” and “Real Life Scenarios and Curbing FMLA Abuse” – Indianapolis – January 25, 2022
Workplace Safety Symposium – “Conducting Investigations After an Injury Without Doing OSHA’s Work For It and Without Giving Away the Store” – Phoenix – December 3, 2021
Ogletree Deakins Managing a Workforce Seminar – “Workplace Safety During the COVID-19 Pandemic” – September 16, 2021
Indiana Chamber of Commerce FMLA Seminar – “Real Life Scenarios and Curbing FMLA Abuse” – Indianapolis – January 21, 2021
Indiana Chamber of Commerce FMLA Seminar – “Special Issues Under The FMLA” – Indianapolis – January 21, 2021
Indiana Human Resources Virtual Seminar: Essentials for the HR Professional – “Steps you Can Take to Make the FMLA Work for Your Business” – July 17, 2020
Indiana FMLA Virtual Seminar – “FMLA In Depth” and “Leave Abuse” – June 23, 2020
Workplace Safety Symposium – “The Unpreventable Employee Misconduct Defense: Preparing to Prove It” – New Orleans – December 5, 2019
Indiana Chamber of Commerce Webinar – “Making the FMLA Work For Your Business” – October 22, 2019
Indiana Chamber of Commerce Webinar – “What You Really Need to Know About the ADA and Accommodating Employees with Disabilities” – October 10, 2019
The FMLA 2019 Style, Indiana Chamber of Commerce – “The ADA, FMLA, and Worker’s Compensation” – Indianapolis – January 24, 2019
The FMLA 2019 Style, Indiana Chamber of Commerce – “The Courts Have Spoken: Recent FMLA Cases Indiana Employers Should Know” – Indianapolis – January 24, 2019
Ogletree Deakins Labor and Employment Counsel Exclusive – “Complex Leave Challenges: Round 2 – Paid Sick Leave and Family Leave” – La Quinta – November 8, 2018
Ogletree Deakins Labor and Employment Counsel Exclusive – “The Dizzying Array of State and Local Employment Laws: Round 1-Leave Entitlements” – Boca Raton – November 9, 2017
Ogletree Deakins Seminar – “Leaves, Leaves, and More Leaves!” – Indianapolis – November 2, 2017
Ogletree Deakins Workplace Strategies Seminar – “To Reassign, or not to Reassign, That is the Question: Vacant Positions and the Accommodation Requirement” – San Diego – May 4, 2017
Ogletree Deakins Seminar – “Employment Law 2017 and Beyond” – Indianapolis – April 13, 2017
Ogletree Deakins Seminar – “Keys to Handling Discipline and Discharge” – Indianapolis – October 20, 2016
Indiana Chamber of Commerce Conference – “Entering the Roundabout: The FMLA, ADA, and Workers’ Compensation” – Indianapolis – May 2016
Indiana Chamber of Commerce Conference – “FMLA Preliminary Issues and Notice Requirements” – Indianapolis – December 10, 2014
Ogletree Deakins Seminar – “Managing Your Company Through Crisis – What Your Company Can Learn From Today’s Headlines” – Indianapolis – October 9, 2014
Ogleree Deakins Workplace Strategies Seminar – “Double Double Toil and Trouble: Litigating Against Pro Se Plaintiffs” – Las Vegas – May 9, 2014
Ogletree Deakins Workplace Strategies Seminar – “The Crossroads Between Immigration and Employment Law” – Las Vegas – May 8, 2014
Hylant Seminar – “Your Federal Government is Here to Help – Anatomy of a DOL Audit” – Indianapolis – March 12, 2014
Ogletree Deakins Seminar – “ADA Accommodations and Title III Trends” – Indianapolis – October 10, 2013
Ogletree Deakins Workplace Strategies Seminar – “I Want a Piece of Your Paycheck: Garnishment Compliance for the Multi-State Employer” – New Orleans – May 10, 2013
Ogletree Deakins Workplace Strategies Seminar – “The Girl With the Doggone Tattoo: Regulating Individual Expression, In and Out of the Workplace” – New Orleans – May 9, 2013
Indiana Chamber of Commerce Worker’s Compensation Conference – “Troubled Waters: Navigating the ADA, FMLA, and Worker’s Compensation” – Indianapolis – February 28, 2013
Ogletree Deakins Workplace Strategies Seminar – “Business Fights Back: Tales from the Front Lines of Litigation” – Phoenix – May 11, 2012
Ogletree Deakins Webinar – “Indiana’s Right-To-Work Law” – February 22, 2012
Indiana Chamber of Commerce FMLA Conference – “What’s New With The FMLA? Recent Legislative and Case Law Developments” – Indianapolis – December 6, 2011
Indiana Chamber of Commerce FMLA Conference – “And GINA Makes Four: The FMLA, ADA, Workers’ Compensation and GINA” – Indianapolis – June 16, 2011
Ogletree Deakins Workplace Strategies Seminar – “Human Resources Roundtable” – Chicago – May 14, 2011
Indiana Chamber of Commerce, 46th Annual Human Resources Conference – “The ADA Amendments Act of 2008: Disabilities on Steroids” – Indianapolis – May 6, 2011
Indiana Chamber of Commerce ADA Conference – “Best Practices Under the ADA” – Indianapolis – February 23, 2011
Ogletree Deakins Seminar – “Ten Rules Even Non-Union Employers Need to Know About the NLRB” – Indianapolis – October 5, 2010
Indiana Manufacturers’ Association Webinar – “Accommodations Galore” – October 1, 2010
Ogletree Deakins Workplace Strategies Seminar – “The Multi-Employer Pension Plan Morass – Employee Benefits Pitfalls for the Labor Relations Department” – Las Vegas – May 7, 2010
Indiana Chamber of Commerce National Safety Exposition – “Workers’ Compensation: Employer and Employee Rights and Responsibilities” – Indianapolis – March 3, 2010