Steven F. Pockrass

Shareholder | Indianapolis

Steven (Steve) Pockrass is a proactive and practical advisor and litigator who helps companies reduce risks and resolve their employment and labor challenges. During his more than 25 years of practice, he has successfully handled a wide range of matters, with a particular emphasis on federal and state wage and hour laws; medical leaves of absence; disability accommodation; unfair competition and trade secrets; positive employee relations in both the non-union and union contexts; protecting against claims of discrimination, harassment, and retaliation; and multi-state compliance projects. He regularly provides guidance to clients in both the public and private sectors, ranging from multinational Fortune 100 companies to small businesses, non-profits, and trade associations. A seasoned litigator, he defends against charges filed with federal and state administrative agencies; litigates single and multi-plaintiff lawsuits, including class and collective actions, in federal and state courts; and represents management in employment and labor arbitrations.

Wage and Hour

Co-Chair of Ogletree’s Wage and Hour Practice Group (2008-2019)
Member of Ogletree’s Wage and Hour Steering Committee
Creates and revises bonus, commission, and other compensation plans for multi-state employers
Coordinates and conducts wage-hour audits for Fair Labor Standards Act and state wage-hour law compliance, including:
- Exemption analysis for purposes of overtime and minimum wage laws
- Employee/independent contractor analysis
- Regular rate and compensable time analysis
- Payroll practices analysis
Creates and revises wage-hour and timekeeping policies
Represents employers in U.S. Department of Labor investigations
Defends employers in single-plaintiff, collective and class action litigation

Medical Leaves of Absence

Advises employers regarding the interpretation and application of the Family and Medical Leave Act (FMLA) and state laws, including the interplay between the FMLA, the Americans with Disabilities Act (ADA), and worker’s compensation
Creates and revises leave of absence policies, procedures and forms
Conducts FMLA training
Represents employers in U.S. Department of Labor investigations
Represents employers in matters filed with the Worker’s Compensation Board of Indiana
Defends employers in litigation

Disability Discrimination and Accommodation

Creates and revises job descriptions
Creates and revises disability accommodation policies, procedures and forms
Counsels employers on compliance with the ADA and state and local laws and ordinances
Conducts ADA training
Defends employers against disability-related charges filed with the U.S. Equal Employment Opportunity Commission, the Indiana Civil Rights Commission and local agencies
Defends employers in litigation

Employment Discrimination, Harassment and Retaliation

Advises employers regarding compliance with state and federal anti-discrimination, harassment and retaliation laws, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Equal Pay Act
Creates and revises anti-discrimination, harassment and retaliation policies
Conducts and provides guidance on internal investigations
Provides anti-discrimination, harassment and retaliation training
Defends employers against discrimination, harassment and retaliation charges filed with the U.S. Equal Employment Opportunity Commission
Defends employers against discrimination, harassment and retaliation charges filed with the Indiana Civil Rights Commission and local agencies
Defends employers in litigation

Unfair Competition and Trade Secrets

Drafts and revises agreements containing restrictive covenants, including noncompete, nondisclosure and nonsolicitation provisions
Advises employers regarding the enforcement and enforceability of restrictive covenants
Advises employers regarding best practices and safeguards for protecting against the misappropriation of trade secrets and confidential information
Litigates restrictive covenant cases in state and federal courts

Steve is AV® rated by Martindale-Hubbell, the highest rating an attorney can receive. He has been recognized as an Indiana “Super Lawyer” every year since 2010 and has been named to Best Lawyers every year since 2013.

A frequent speaker and writer, Steve is a former 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.

Steve earned his Eagle Scout badge as a youth and has volunteered with the Scouts throughout his adult life. A recipient of the Silver Beaver Award, he is a member of the Advisory Board for the Crossroads of America Council, Boy Scouts of America. He served on the Council’s Executive Board for many years, as well as on various Council committees. He is Post Advisor for Law & Government Explorer Post 2021, an Assistant Scoutmaster with Scouts BSA Troop 180, and a former Cubmaster of Cub Scout Pack 747. He also is a former member of the Board of Directors of the Day Nursery Association (now Early Learning Indiana) 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 freelance writer, and as communications director for the Indiana Housing Finance Authority.

More About Steven F. Pockrass

Education & Admission

Professional Activities

Speeches

Corporate Labor and Employment Counsel Exclusive – “Pay Transparency and Global Mobility Initiatives: A New Conundrum for In-House Counsel” – Phoenix – November 10, 2023
Ogletree Deakins Managing a Workforce – “Multi-Jurisdictional Compliance: Handling the Complexities of a Multi-State Workforce” – September 8, 2022
Ogletree Deakins Briefing – “Leave and Accommodation Issues in an Endemic World” – March 17, 2022
Ogletree Deakins Webinar – “The DOL’s New Dual Jobs Final Rule: Compliance Tips for Employers” – November 15, 2021
Corporate Labor and Employment Counsel Exclusive – “Wage and Hour Whirlwind—Today’s Top Challenges” – Amelia Island – November 11, 2021
ICLEF – Advanced Corporate Counsel – “The Impact of the Pandemic from an Operations, HR and Legal Perspective” – September 25, 2020
Indiana CLE Forum – “Litigating and Arbitrating Wage-Hour and Wage-Payment Disputes” – July 16, 2020
Indiana Chamber of Commerce Seminar – “Through the Agency’s Eyes: The Life Cycle of an EEOC Charge” – Indianapolis – September 26, 2019
Indiana Chamber of Commerce Employee Benefits Seminar – “Déjà Vu All Over Again: What You Need to Know About the DOL’s Proposed Overtime Changes” – Indianapolis – June 12, 2019
Ogletree Deakins Webinar – “It’s About Time: What You Need to Know About Electronic Timekeeping” – March 6, 2019
Advanced Corporate Counsel 2018 – “Antitrust Compliance and Anti-Poaching Agreements” – French Lick – October 4 – 5, 2018
ACI’s 31st National Forum on Wage & Hour Claims & Class Actions – “Tracking the Latest Initiatives of the DOL Wage & Hour Division, Preparing for and Responding to Government Investigations and Developing Effective Strategies for DOL Prosecutions” – New York – June 4 – 5, 2018
Ogletree Deakins Workplace Strategies Seminar – “DOL Download: PAID Program and Garnishments” – Phoenix – May 10, 2018
Ogletree Deakins Workplace Strategies Seminar – “Reducing the Risk of Wage and Hour Claims Through Effective Policies and Procedures” – Phoenix – May 9, 2018
Ogletree Deakins Webinar – “Hot Topics for Hospitality Employers: Wage & Hour Edition” – September 27, 2017
Ogletree Deakins Workplace Strategies Seminar – “Wage and Hour Roadmap—The State and Local Law Tour” – San Diego – May 4, 2017
American Payroll Association 2016 Indiana Statewide Payroll Conference – “FLSA – The New DOL Regulations and How to Avoid Flubs and Fumbles in Your Workplace” – Indianapolis – September 15, 2016
Indiana State Council of SHRM – “Paid Sick Leave Laws – Policy Challenges for Employers” – Indianapolis – August 31, 2016
National Retail Federation Webinar – “DOL Overtime Rules: Practical Guidance for Retailers and Chain Restaurants” – June 8, 2016
Ogletree Deakins Workplace Strategies – “FLSA Flubs and Fumbles: A Study Group on Wage and Hour Missteps (and How to Avoid Them in Your Workplace)” – Chicago – May 2016
Evansville Human Resources Association Spring Conference – “Increased Workplace Rights: The Attack on Joint Employment and Independent Contractor Relationships” – Evansville – April 20, 2016
Ogletree Deakins Labor and Employment Law Briefing – “Employment Law Update: 2016 and Beyond” – Indianapolis – March 23, 2016
hrsimple.com Webinar Series – “The New Exemption Regulations . . . Coming Soon To Your Workplace!” – August 6, 2015
Ogletree Deakins Workplace Strategies Seminar – “The New Exemption Regulations” – San Antonio – May 14, 2015
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
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
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
Ogletree Deakins Workplace Strategies – “What Color is Your Collar? Common Mistakes with White Collar Exemptions” – Phoenix – May 10-12, 2012
Ogletree Deakins Webinar – “Wage and Hour Update 2012: What Employers Need To Know” – March 14, 2012

Published Works

Media Quotes

November 19, 2021 – FSR – “Is the New Tip Credit Rule Persuading Restaurants to Pay Minimum Wage Instead?”
September 3, 2021 – SHRM Online – “Employers Should Be Prepared for a DOL Wage and Hour Audit”
July 12, 2021 – SHRM Online – “Here’s What Employers May Expect from the DOL’s Wage and Hour Division”
March 4, 2021 – SHRM Online – “Labor Department Officially Delays Independent-Contractor Rule”
January 7, 2021 – SHRM Online – “DOL Says Not All Employee Travel During the Workday Is Compensable”
January 7, 2021 – SHRM Online – “DOL Clarifies Definition of Independent Contractor”
September 6, 2018 – SHRM Online – “DOL Will Listen to Employers on Upcoming Overtime Rule”
April 16, 2018 – SHRM Online – “The FLSA After 80 Years: How Has It Changed and What Lies Ahead?”
October 30, 2017 – Law360 – “Like A Horror Movie Villain, Obama OT Rule Fight Won’t Die”
September 1, 2017 – Law360 – “4 Things To Watch After Obama’s OT Rule Nixed”
September 1, 2017 – Nation’s Restaurant News – “Ruling invalidates proposed Obama-era overtime regulations”
August 31, 2017 – Employment Law Daily – “Texas district court moves to end the overtime rule”
August 31, 2017 – SHRM Online – “Federal Judge Strikes Down Obama DOL’s Overtime Rule”
November 23, 2016 – Business Management Daily – “New overtime rules halted, won’t take effect Dec. 1: What to tell employees”
November 23, 2016 – The Daily Gazette – “New overtime rules temporarily blocked; won’t take effect on Dec. 1”
July 7, 2015 – Inside Indiana Business – “Double, Double Overtime Trouble”
October 11, 2013 – Corporate Counsel – “Reminder to Employers: Seasonal Workers Have Rights Too”
September 11, 2013 – Law360 – “Obama Pick for DOL Wage-Hour Unit Faces Senate Battle”
March 21, 2013 – Law360 – “Wage And Hour Deals Rose To $467M In 2012, Study Says”
January 7, 2013 – Law360 – “FLSA Case Shows Talking To New Moms May Curb Legal Woes”
March 19, 2012 – Law360 – “Low Class Cert. Bar Will Keep FLSA Suits in Vogue”
January 30, 2012 – Law360 – “DOL Enforcement Of Breastfeeding Law Breeds Uncertainty”
January 23, 2012 – Law360 – “Case Study: Kellar v. Summit Seating”
October 6, 2011 – Human Resource Executive Online – “Reconsidering Worker Classifications”
May 26, 2011 – The Indiana Lawyer – “Indiana Scouts Proud of Their Own”