Joshua B. Gessling

Experience

• Employment Disputes: Advises employers on avoiding and defending against harassment, discrimination, retaliation, and other employment-related claims, including claims brought under the Americans with Disabilities Act (ADA), Title VII, Family and Medical Leave Act (FMLA), and state and federal wage and hour laws.  Defends employers in federal and state courts and before local, state and federal administrative agencies.
• Labor Law: Assists employers with grievances, unfair labor practice charges before the National Labor Relations Board (NLRB), and injunctive proceedings in federal court.
• Employee Handbooks and Policies: Advises and assists employers in the development of employee handbooks and policies.
• Human Resources Counseling and Training: Assists employers in resolving day-to-day workforce management issues, including workplace investigations, hiring, discipline, and termination decisions. Counsels and trains human resources personnel on the development, implementation and enforcement of lawful employment policies.
• International Law: Assists clients doing business in Europe, Asia and Latin America in resolving international employment and commercial disputes, international choice of law jurisdiction issues, and complying with U.S. laws that regulate employee activities abroad, including Foreign Corrupt Practices Act (FCPA). Assists clients with service of documents and discovery of evidence located abroad, and recognition and enforcement of foreign judgements.
• Litigation and Trial Services: Provides litigation and trial services for the firm’s clients.

Published Cases

• Diaz v. Professional Transportation, Inc., 2014 U.S. Dist. LEXIS 10825 (M.D. Fla. January 29, 2014).

Publications

• “Paid Leave under the American Rescue Plan Act of 2021,” webinar hosted by Evansville Human Resource Association, April 22, 2021

• “COVID-19 Legal Update,” webinar hosted by Evansville Human Resource Association, August 20, 2020

• “COVID-19: Small Business Impact,” webinar hosted by the Southwest Indiana Chamber of Commerce, March 27, 2020

• “Coronavirus Relief Law: Preparing for New Paid Leave & FMLA Rules,” webinar hosted by German American Bank, March 26, 2020

• “COVID-19 Legal Update,” webinar hosted by Evansville Human Resource Association, August 20, 2020

• “Practical Strategies for Conducting Workplace Investigations and Eliminating Unconscious Bias,” seminar hosted by Evansville Human Resource Association, April 24, 2019

• “New Regulations for Employees Exempt from Overtime Pay,” seminar hosted by Evansville Human Resource Association, June 2016

• “FMLA Update,” The Indiana Lawyer, April 23, 2013

• “DTCI: Beware of Overly Broad Social Media Policies,” The Indiana Lawyer, February 26, 2013

• “Wage and Hour Updates and Employee Misclassification Issues,” Indiana Continuing Legal Education Forum (ICLEF) 2016 Masters Series Conference, Advanced Business Law Seminar, Presenter (July 2016)

• “Legal Update: Overtime Exemptions,” Jasper Chamber of Commerce, Presenter (June and July 2016)

• “New Regulations for Employees Exempt from Overtime Pay,” Evansville Human Resource Association, Presenter (June 2016)

• “FMLA Update,” The Indiana Lawyer, Author (April 2013)

• “DTCI: Beware of Overly Broad Social Media Policies,” The Indiana Lawyer, Author (February 2013)

• “Privacy and Social Media in the Workplace,” Sterling Education Services, Continuing Legal Education Seminar, Presenter (December 2012)

• “On the Legal Front: Employee Rights Change,” Evansville Business Journal, September 2011

• “Employee Handbooks: Pointers and Pitfalls,” seminar hosted by the Chamber of Commerce of Southwest Indiana, the Indiana Small Business Development, July 26, 2011

• “From Ankara to Strasbourg: Developing a Comprehensive Supranational Litigation Strategy for Patriarchal Preservation in Turkey,” 15 Buffalo Human Rights Law Review 109, 2009

   

Professional Affiliations

• Evansville Bar Association, Bench & Bar Committee
• Indiana State Bar Association
• Florida Bar Association

Civic Affiliations

• Evansville-Area Human Resource Association (EHRA): Board Member and Legislative Affairs Chairperson

• Society for Human Resource Management (SHRM): Member

• Evansville Bar Association (EBA): Former Labor and Employment Law Section Chairperson