Ed McKenna’s practice primarily involves litigation, including Federal Rule 23 class actions, and advising employers how to avoid litigation. He has represented private/public employers in a variety of employment lawsuits -- including Title VII, ADEA, ADA, FMLA, FLSA, wrongful discharge, whistle blowing, and defamation -- before agencies and in state and federal courts. He has been involved in numerous employment class and collective action cases, including significant decisions involving the denial of class certification. He is also experienced with union issues, including unfair labor practices and arbitration of collective bargaining grievances. Recently, Ed represented former Florida Governor John Ellis "Jeb" Bush in a lawsuit brought by the American Federation of State County and Municipal Employees (AFSCME).
As a Board Certified Specialist in the Area of Labor and Employment Law by The Florida Bar, Ed frequently speaks to attorneys, human resource professionals, supervisors, and senior management on various labor and employment topics. He also assists management teams with litigation prevention training in all facets of employment law, including hiring, discipline, termination, and harassment prevention.
Ed is a Wage & Hour Chapter Editor for The Florida Bar’s Small Business Manual and Chapter Editor for the “Restoration to the Same or Equivalent Position” chapter of the American Bar Association’s treatise The Family and Medical Leave Act. He was also recognized by The Best Lawyers in America (called “The most respected list of attorneys in practice” by The American Lawyer) and by Florida Trend Magazine as one of “Florida’s Legal Elite.” He is also AV Preeminent peer reviewed rated by Martindale-Hubbell and is listed in every issue of Florida Super Lawyers published to date. He is also a member of the Litigation Counsel of America, an invitation-only trial lawyer honorary society established to reflect the new face of the American Bar. Membership is limited to less than one-half of one percent of American lawyers.
He is also both a Florida Supreme Court Certified Mediator and a Florida Supreme Court Certified Appellate Mediator and mediates exclusively in labor and employment matters.
Experience
Mr. McKenna has represented private/public employers in a variety of employment lawsuits -- including Title VII, ADEA, ADA, FMLA, FLSA, wrongful discharge, whistle blowing, and defamation -- before agencies and in state and federal courts. He has been involved in numerous employment class and collective action cases, including significant decisions involving the denial of class certification. He is also experienced with union issues, including unfair labor practices and arbitration of collective bargaining grievances.
Reported Cases:
Stringfield v. IAP World Services, Inc., 784 F. Supp. 2d 1378 (S.D. Ga. 2011)
Hodges v. Publix Super Markets, Inc., 372 Fed. Appx. 74 (11th Cir. 2010)
Poulsen v. Publix Super Markets, Inc., 302 Fed. Appx. 906 (11th Cir. 2008)
Dieudonne v. Publix Super Markets, Inc., 994 So. 2d 505 (Fla. 3rd DCA 2008)
Yoder Bros., Inc. v. Weygant, 973 So. 2d 625 (Fla. 2d DCA 2008)
Mohamed v. Publix Super Markets, Inc., 162 Fed. Appx. 924 (11th Cir. 2006)
Cruz v. Publix Super Markets, Inc., 428 F.3d 1379 (11th Cir. 2005)
Joseph v. Publix Super Markets, Inc., 151 Fed. Appx. 760 (11th Cir. 2005)
Quinn v. Watson, 145 Fed. Appx. 799 (4th Cir. 2005)
Desocio v. Sonic Automotive, 894 So. 2d 1064 (Fla. 2d DCA 2005)
Quinn v. Watson, 119 Fed. Appx. 517 (4th Cir. 2005)
Sonic Automotive v. Shofer, 881 So. 2d 739 (Fla. 5th DCA 2004)
Florida Public Employees Council 79, AFSCME v. John Ellis (“JEB”) Bush, 860 So. 2d 992 (Fla. 1st DCA 2003)
Borino v. Publix Super Markets, Inc., 825 So. 2d 424 (Fla. 4th DCA 2002)
Williams v. Vitro Services Corp., 144 F.3d 1438 (11th Cir. 1998)
Benefits Management Associates, Inc. v. John Alden Life Ins. Co., 691 So. 2d 1208
(Fla. 3rd DCA 1997)
United States v. Verners, 53 F.3d 291 (10th Cir. 1995)
United States v. Bueno, 21 F.3d 120 (6th Cir. 1994)
Beyersdoerfer v. Shocket, 93 Ohio App. 3d 647, 639 N.E. 2d 818 (Ohio App. 1st DCA 1994)
Wolf v. Commissioner Internal Revenue, 13 F.3d 189 (6th Cir. 1993)
State ex rel. Hadsell v. Springfield Twp., 92 Ohio App. 3d 256, 634 N.E. 2d 1035 (Ohio App. 1st DCA 1993)
In re Ghali, 83 Ohio App. 3d 460, 615 N.E. 2d 268 (Ohio App. 10th DCA 1992)
Rothschild v. Richland County Bd. of Adjustment, 309 S.C. 194, 420 S.E.2d 853 (S.C. 1992)
United States v. Cummins, 969 F.2d 223 (6th Cir 1992)
United States v. Tillman, 963 F.2d 137 (6th Cir 1992)
Springfield Twp. Bd. of Trustees v. State Emp. Relations Bd., 70 Ohio App. 3d 801, 592 N.E. 2d 871 Ohio App. 1 (Ohio App. 1st DCA 1990.)
State v. Theis, 327 N.C. 642, 399 S.E. 2d 130 (N.C. 1990)
Brauning v. Cincinnati Gas & Elec. Co., 50 Ohio St. 3d 606, 552 N.E. 2d 644 (Ohio 1990)
Schilling v. Schoenle, 782 S.W. 2d 630 (Ky. 1990)
State Medical Bd. of Ohio v. Miller, 44 Ohio St. 3d 136, 541 N.E. 2d 602 (Ohio 1989)
Florida
Georgia
Ohio
U.S. Supreme Court
U.S. District Court, Middle, Northern and Southern Districts of Florida
U.S. District Court, Southern District of Ohio
U.S. Court of Appeals, Fourth, Fifth, Sixth, Tenth, Eleventh and District of Columbia Circuits
U.S. District Court, District of the Virgin Islands
Education and Honors
- AV-rated by Martindale-Hubbell
- Best Lawyers in America
- Super Lawyers, Florida
- Florida’s Legal Elite, by Florida Trend magazine
Professional Activities
- Litigation Counsel of America
- The Florida Bar Association
- Hillsborough County Bar Association
- Association of Florida Management Attorneys
- Florida Supreme Court Certified Mediator
- Certified Circuit Court Mediator
- Certified Appellate Court Mediator
- Tampa Bay Performing Arts Center, Director’s Circle
- The University Club
- Suncoast Chapter of the Florida Institute of Certified Public Accountants - "Labor and Employment Law Update 2011" - Clearwater - October 20, 2011
- Suncoast Chapter of Association of Legal Administrators - "Hiring and Firing" - Clearwater - February 9, 2011
- Sterling Education Services, Inc. - "Healthcare Reform and Its Impact for Business" - Clearwater - January 25, 2011
- Association of Corporate Counsel Seminar - "Healthcare Reform and Its Impact for Business" - Orlando - May 19, 2010
- Florida Bar Association Board Certification Review Seminar - "OSHA" - February 25, 2010
In The News
- May 4, 2012 - Tampa Bay Business Journal - "Caution Urged For Criminal Checks In Hiring"
- October 20, 2011 - Orlando Business Journal - "Minimum Wage Hike Looming"
- October 14, 2011 - Tampa Bay Business Journal - "Minimum Wage Hike Looming in January 2012"
- September 9, 2011 - Tampa Bay Business Journal - "9/11 Remembered: How It All Changed"
- May 5, 2011 - Tampa Bay Business Journal - "New Florida Minimum Wage Begins June 1"
- October 6, 2011 - Ogletree Deakins Publication - "Florida’s Minimum Wage to Increase on January 1, 2012"
- 2011 - The Florida Bar's Florida Small Business Practice (7th Edition) - "The Fair Labor Standards Act And Other Wage And Hour Laws"
- 2009 - The American Bar Association’s The Family and Medical Leave Act - "Restoration to the Same or Equivalent Position"
- 2006 - The Florida Bar’s Florida Small Business Practice - "The Fair Labor Standards Act and Other Wage and Hour Laws"
- 2004 - The American Bar Association’s The Family and Medical Leave Act - "Restoration to the Same or Equivalent Position"