Steven F. Pockrass
Steven (“Steve”) Pockrass is Co-Chair of the firm’s Wage and Hour Practice Group. In this position, he helps clients and attorneys throughout the firm deliver proactive and responsive solutions to federal and state wage-hour questions and concerns. Steve coordinates wage-hour resources within the firm and works on a variety of wage-related issues, ranging from evaluating whether certain job positions are properly classified to defending collective and class actions. In addition to focusing on the complexities and nuances of the federal Fair Labor Standards Act, he regularly counsels and represents employers on issues related to Indiana’s wage laws.
While wage and hour matters have become an increasingly large part of Steve’s practice, he also continues to advise and defend management on a full range of labor, employment and personnel matters. He represents employers in federal and state court litigation, as well as arbitrations, investigations, administrative proceedings and collective bargaining. He provides training; drafts and reviews policies, handbooks and contracts; and conducts internal investigations.
Throughout his career, Steve has devoted significant attention to advising employers on medical leave, accommodation and related issues under the Family and Medical Leave Act, the Americans with Disabilities Act, the Indiana Worker’s Compensation Act, and other federal and state laws. In addition to representing employers in lawsuits and administrative matters arising out of these leave-related laws, he has extensive experience defending against claims and lawsuits involving allegations of employment discrimination, harassment and retaliation under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act.
For more than 15 years, Steve has represented employers in post-employment non-compete, trade secret and related litigation, with an increasing emphasis on the use and protection of electronic data and information. He works with and advises entities on their document and data retention policies, their electronic information and social media policies, the litigation hold process, and the collection and production of electronically stored information during litigation.
Steve is AV rated by Martindale-Hubbell, the highest rating an attorney can receive. He also was recognized as an Indiana “Super Lawyer” in 2010, 2011, 2012, 2013 and 2014 and was named to Best Lawyers in 2013, 2014 and 2015.
A frequent speaker and writer, Steve is the appendix editor of the FMLA treatise published by BNA Books. He also is one of the editors of the second edition of the FMLA Guide published by the Indiana Chamber of Commerce. He is a member of the American Bar Association Section of Labor and Employment Law’s Fair Labor Standards Legislation Committee and has been a contributing author of several annual Midwinter Meeting Reports of the FMLA Subcommittee. He also is a member of the Defense Trial Counsel of Indiana and has served on the DTCI Board of Directors and as chair of the DTCI Employment Law Section.
An Eagle Scout, Steve is active in the community. He serves on the Board of Directors for the Crossroads of America Council, Boy Scouts of America, and on various Council committees. He also is a former member of the Board of Directors of the Day Nursery Association and is a former member of the Indianapolis Equal Opportunity Advisory Board.
Prior to attending law school, Steve worked as a newspaper reporter for The Indianapolis News, as a free-lance writer, and as Communications Director for the Indiana Housing Finance Authority.
Education and Honors
J.D., University of Virginia, 1995
B.A., summa cum laude, Washington & Lee University, 1987
- Indiana Super Lawyer (2010-2015)
- Best Lawyers (2013-2015)
- American Bar Association (Labor and Employment Law Section; Fair Labor Standards Legislation Committee; Family and Medical Leave Act Subcommittee; contributing author, FMLA Subcommittee Annual Reports, 2000 - present)
- Appendix Editor, FMLA treatise (published by BNA in 2006)
- Defense Trial Counsel of Indiana (Former Board of Directors; past chair of Employment Law Section)
- Federal Bar Association
- Indiana State Bar Association (Employment Law Section)
- Indianapolis Bar Association (Employment Law Section)
- Indianapolis Equal Opportunity Advisory Board (former)
- Day Nursery Association Board of Directors (former)
- The Crossroads of America Council, Boy Scouts of America Board of Directors
- Emerging Infectious Diseases, Sponsored by the Marian County Public Health Department - "Ebola in the Workplace" - Indianapolis - November 10, 2014
- ICLEF Corporate Counsel Masters Program - "The New Frontier - Recent Developments in the NLRB's Focus on Non-Union Employers" - French Lick - October 30, 2014 - October 31, 2014
- Managing a Workforce in 2015 - "Leave as Reasonable Accommodations: How Much is Enough and is Anything Unreasonable?" - Indianapolis - October 9, 2014
- Labor & Employment Counsel Exclusive Program - "Expecting the Unexpected - New Tactics in DOL Investigations" - Dana Point - September 18, 2014
- Indianapolis Bar Association - "Contractor v. Employee: Avoiding Misclassification" - Indianapolis - June 4, 2014
- Ogletree Deakins Workplace Strategies Seminar - "Freaky Friday: New Misclassification Risks, Rules and Enforcement" - Las Vegas - May 9, 2014
- Evansville Human Resources Association - "Employment Law Update: Top 10 Issues for HR Professionals" - Evansville - April 30, 2014
- Ogletree Deakins Managing a Workforce 2014 - "Retaliation Litigation - The Second Bite At The Apple" - Indianapolis - October 10, 2013
- Indiana Chamber Benefits Seminar - "Worker Misclassification - The Employee Benefit Plan Consequences" - Indianapolis - September 12, 2013
- Ogletree Deakins Workplace Strategies Seminar - "The Ticking Timeclock: A Workshop on Common Wage and Hour Issues" - New Orleans - May 11, 2013
- October 2012 Indianapolis Client Seminar - Managing a Modern Workforce - "When Wages & Benefits Collide - The Employment and Benefit Risks Run by Misclassification of Your Workforce" - Indianapolis - October 3, 2012
- May 2012 Workplace Strategies - "What Color is Your Collar? Common Mistakes with White Collar Exemptions" - Phoenix - May 10, 2012 - May 12, 2012
- Ogletree Deakins Webinar - "Wage and Hour Update 2012: What Employers Need To Know" - March 14, 2012
In The News
- October 11, 2013 - - "Reminder to Employers: Seasonal Workers Have Rights Too"
- September 11, 2013 - - "Obama Pick for DOL Wage-Hour Unit Faces Senate Battle"
- March 21, 2013 - - "Wage And Hour Deals Rose To $467M In 2012, Study Says"
- January 7, 2013 - - "FLSA Case Shows Talking To New Moms May Curb Legal Woes"
- March 19, 2012 - - "Low Class Cert. Bar Will Keep FLSA Suits in Vogue"
- January 30, 2012 - - "DOL Enforcement Of Breastfeeding Law Breeds Uncertainty"
- January 23, 2012 - - "Case Study: Kellar v. Summit Seating"
- October 6, 2011 - - "Reconsidering Worker Classifications"
- May 26, 2011 - - "Indiana Scouts Proud of Their Own"
- March 19, 2014 - Inside Indiana Business - "Is Your Business Ready For an Overtime Overhaul?"
- November 21, 2013 - Ogletree Deakins Blog Post - "Avoiding Mistletoe Mishaps, Part I: Seven Employment Topics To Consider When Hiring Seasonal Workers"
- September 10, 2013 - Ogletree Deakins Blog Post - "Misclassification of Employees as Independent Contractors Will Remain a Top Priority Under New U.S. Secretary of Labor"
- March 19, 2013 - Ogletree Deakins Wage and Hour Blog - "Indiana Supreme Court Allows Day Laborer's Claim to Proceed Under Indiana Wage Payment Act"
- March 19, 2013 - Ogletree Deakins Blog Post - "Indiana Supreme Court Allows Day Laborer’s Claim to Proceed Under Indiana Wage Payment Act"
- January 2, 2013 - Ogletree Deakins Wage & Hour Blog - "Minimum Wages Increase in 10 States"
- September 18, 2012 - Ogletree Deakins Wage & Hour Blog - "Seventh Circuit Holds that the ADA Mandates Reassignment of Disabled Employees to Vacant Positions"
- June 18, 2012 - Ogletree Deakins Publication - "High Court Rules Pharmaceutical Sales Reps Are Exempt From FLSA's Overtime Requirements"
- April 2, 2012 - Ogletree Deakins Publication - "Indiana Supreme Court Clarifies State Blacklisting Statute"
- June 2011 - NAE Review - "NLRB Continues Social Media Trend Against Employers"