Josephine S. Noble
Josephine is a senior associate in the Firm’s Cleveland office. She is a graduate of Harvard College, from which she received her A.B. in Sociology in 2001. During college, Josephine was selected to participate in the White House Internship Program, where she spent one summer as a Presidential Correspondence Intern during former President William J. Clinton’s presidency. She received her J.D. from the University at Buffalo Law School in 2004. While at the University at Buffalo Law School, Josephine served as a Publications Editor on the Buffalo Law Review and a member of the Buffalo Moot Court Board. During law school, Josephine also completed a judicial externship with the Honorable H. Kenneth Schroeder, Jr.
Josephine brings a sophisticated, yet practical, approach to helping employers identify innovative solutions to workplace issues – from the common to the complex. Josephine dedicates her practice to working with employers to anticipate, identify, and resolve employment-related compliance issues and litigation risks in today’s ever-evolving workplace. She has significant experience representing employers in all facets of employment-related litigation. Prior to joining Ogletree Deakins in April 2009, Josephine was an associate at Jones Day, where she practiced in the firm’s Trial Practice and Labor and Employment groups.
Josephine focuses a significant portion of her practice on proactively counseling employers with respect to litigation prevention and overall compliance with state, federal, and administrative laws and regulations, which includes reviewing and revising employee manuals and policies; reviewing and counseling management regarding termination decisions (including large-scale layoffs/reductions-in-force); performing exempt-status classification audits; and providing training. In addition, Josephine is experienced in drafting various employment agreements, including noncompetes and severance agreements.
Josephine routinely defends employers against single-plaintiff claims, in both state and federal court, arising under Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and comparable state laws. Josephine also has substantial experience defending employers in class and collective action disputes, including wage and hour litigation involving claims of allegedly unpaid meal and/or rest breaks; unpaid overtime; off-the-clock work; and/or exempt status misclassification. In addition, Josephine regularly handles discrimination charges filed with the United States Equal Employment Opportunity Commission (EEOC) and the Ohio Civil Rights Commission (OCRC), and whistleblower claims filed with the Occupational Safety and Health Administration (OSHA).
Her representative experience includes:
- Second chair trial experience defending a major healthcare and consumer technology company against breach of contract and promissory estoppel claims in federal court
- Obtaining a favorable settlement of collective action claims on behalf of a major food retailer for alleged failure to pay overtime and misclassification of assistant managers under the FLSA
- Representing a major healthcare industry client in a combined class and collective action filed by nurses alleging they were improperly denied overtime pay and that their regular rate of pay was miscalculated
- Defending a major telecommunications client against combined collective and class action claims alleging that customer service representatives were improperly denied overtime pay for off-the-clock work
- Obtaining summary judgment in Ohio state court on behalf of a major healthcare industry client against a former employee’s claim of defamation; false light; and tortious interference with business relations
- Representing securities brokerage firms in actions for temporary restraining orders and in arbitration before the Financial Industry Regulatory Authority (FINRA) in relation to broker departure disputes arising from breach of noncompete agreements
- Obtaining dismissal of an OSHA whistleblower charge filed by former pilots who claimed they were discharged in violation of Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR21”), 49 U.S.C. § 42121, in retaliation for reporting maintenance issues with aircraft
Education and Honors
J.D., University of Buffalo Law School, The State University of New York, 2004
A.B., Harvard College, 2001
- Who to Watch in Law by Crain's Cleveland Business (2012)
- Ohio State Bar Association (Labor and Employment Law Section Council)
- Cleveland Metropolitan Bar Association
- American Bar Association
- Norman S. Minor Bar Association
- Cleveland Employment American Inn of Court
- Lorman Education Series - "Administering the Family and Medical Leave Act in Ohio - Avoiding Interference and Retaliation Claims" - Independence - March 27, 2013
- Riverside 2013 HR Forum - "Key Employment Law Changes and Trends for 2013" - Orlando - March 13, 2013
- Ohio State Bar Association, 2012 Annual Labor and Employment Law Seminar - "Hiring Discrimination" - Columbus - October 11, 2012
- Youngstown-Warren Regional Chamber of Commerce - "Wage and Hour Essentials" - Howland - September 25, 2012
- Ogletree Deakins Seminar - "Retaliation - A Risk on the Rise" - Warrensville Heights - August 30, 2012
- Employment Law Update in Ohio - "How to Conduct Workplace Investigations" - Independence - August 23, 2012
- Lorman Education Services - "Employment Law from A to Z – Best Practices for Conducting Internal Investigations" - Independence - August 23, 2012
- Riverside HR Forum 2012 - "Legal Updates 2012 - Lucky Seven - 7 Key Issues to Watch for in 2012" - Las Vegas - February 16, 2012
- Youngstown-Warren Regional Chamber of Commerce - "Discrimination and Harassment" - Boardman - October 18, 2011
- Western Reserve SHRM - "Hostile Work Environment Harassment" - Girard - September 13, 2011
- Lorman Education Services - "Employment Law from A to Z – Best Practices for Conducting Internal Investigations" - Independence - August 23, 2011
- Ogletree Deakins Seminar - "Training the Trainer - Discrimination and Harassment Law" - Warrensville Heights - August 18, 2011
- Riverside HR Forum 2011 - "Legal Updates 2011: Social Media; RecordKeeping and E-Discovery and Breakout Session on Best Practices for Conducting Internal Investigations" - Orlando - February 23, 2011
- Ogletree Deakins Seminar - "Ethics and Professionalism" - Cleveland - November 2010
- Ogletree Deakins Seminar - "Pepper the Panel: Release Agreements" - Warrensville Heights - August 12, 2010
In The News
- July 6, 2012 - Ogletree Deakins Publication - "Tort Reform Applies to Claims Under Ohio Civil Rights Act"
- May 29, 2012 - Ogletree Deakins Publication - "Sixth Circuit Eases Plaintiffs’ ADA Burden; Proof of “Sole” Cause No Longer Required"
- April 2012 - ACC Docket - "Marginalization Of The Use Of Background Checks For Employment Purposes"
- March 2012 - American Health Lawyers Association's Labor & Employment - "HIPAA Compliance Issues Promise to Hit the Healthcare Industry Hard in 2012"
- September 26, 2011 - Ogletree Deakins Publication - "Ohio Supreme Court Clarifies the “Clarity” Element of Wrongful Discharge in Violation of Public Policy Claims"