Jo Ellen Whitney

Specialization

• Emerging Companies
• Employment Law and Labor Relations
• Health Law
• Insurance Defense
• Mediation and Alternative Dispute Resolution

About Jo Ellen's Practice

Jo Ellen Whitney is adept at managing the everyday chaos employers and human resource managers face. She is known for her approachable demeanor and practical approach to employment law. She shares her knowledge regularly - Jo is a prolific speaker and writer - simultaneously educating and entertaining audiences on the grey areas of employment law.

Her clients are employers, managers, physicians, hospital administrators, and HR professionals in the health, manufacturing, telecommunications, technology, agriculture, and finance industries as well as not-for-profit service organizations. She is described as “top notch” by clients she advises on a wide array of matters and issues relating to employment & labor law, health law, fair housing, privacy/data security compliance, and contract/policy issues relating to grant funding.

Employment & Labor Law

Jo Ellen handles a variety of issues ranging from business planning and contracts to representation before administrative agencies such as the Iowa Civil Rights Commission, the EEOC, Iowa Workforce Development, OSHA, and the Department of Labor, as well as state and federal courts.

As a prior chair of Davis Brown's Human Resources Committee, Jo Ellen brings practical experience to her advice for employers on business planning, discipline, and termination issues. She has extensive experience with contract development, employee handbooks, and internal policies and practices for employment issues and regulatory compliance, including the ADA/ADAAA, FLSA, HIPAA and FMLA. Jo Ellen has developed sample policies for a number of professional groups and organizations including members of the Iowa Communications Alliance, Iowa Credit Unions, and the Iowa Health Care Association.

For employers who have Employment Practices Liability Insurance (EPLI), Jo Ellen serves as designated counsel on a variety of matters such as wrongful termination, retaliation, discrimination, harassment, wage hour, and civil rights.

Health Law

Jo Ellen works extensively in the field of health care law, including privacy and confidentiality issues, such as HIPAA and GINA, for hospitals, clinics, and small practices. She has worked on medical staffing, credentialing and privileging matters, as well as consent and risk analysis. She also has practical experience implementing HIPAA in her role as Dentons Davis Brown’s privacy officer for data security compliance.

Jo Ellen also works with health care clients on matters including:

• Drug diversion and misuse of prescription drugs
• HIPAA/HiTECH, privacy, security and record release and retention
• E-data release, security, and retention
• Medical research - NIH, FDA and privately funded research - compliance and ethics
• Consent to medical care, procedures, issues
• Specialty records - HIV/AIDS, substance abuse, mental health, and genetics
• Licensure matters, including before the Iowa Board of Medicine
• Business planning and policies regarding staffing, discipline, and terminations

Thought Leadership

“Regarded as one of the area’s best employment practitioners for training matters,” - Reference Feedback, Chambers USA

Jo Ellen is a thought leader, frequently writing blogs and presenting regularly at employer training sessions, trade association conferences, and professional affiliation groups including NTCA (rural broadband providers) and national and local chapters of the Society for Human Resource Management (SHRM). She is also a contributor to professional and trade magazines, newsletters, and legal bulletins in the areas of employment law, privacy and health law, and serves as editor of the Iowa Employment Law Letter.

The author of multiple editions of the Iowa Guide to Medical Records, Jo Ellen also speaks frequently on HIPAA, medical records privacy, physician issues, and consent matters relating to the provision of medical care. She is a regular speaker for the Iowa Health Care Association, Iowa Health Information Management Association, Iowa Medical Society, Iowa Hospital Association, Iowa Podiatric Society, and other groups on topics relating to long term care, the provision of medical services, medical practitioners, and privacy.

Education

• Duke University, 1984
• Duke University School of Law, 1988

Major Publications & Speaking Engagements

• Editor, Iowa Employment Law Letter
• Contributing Editor, Upper Midwest Employment Law Letter
• Author, "Let's talk about grief: bereavement policies in evolving workplace," Iowa Employment Law Letter, April 2022, and HR Daily Advisor, April 11, 2022
• Author, "Tips for tweaking attendance policies to meet rising demand for flexible work," Iowa Employment Law Letter, February 2022, and HR Daily Advisor, February 4, 2022
• Author, "How pandemic, political shifts have affected Affordable Care Act," Iowa Employment Law Letter, November 2021, and HR Daily Advisor, November 8, 2021
• Author, "How to address ongoing COVID-19 issues when employees declare, 'But, Facebook said . . .'," Iowa Employment Law Letter, June 2021, and HR Daily Advisor, May 28, 2021
• Author, "Skipping notice period? Don't let door hit you on the way out," Iowa Employment Law Letter, April 2021, and HR Daily Advisor, April 14, 2021
• Author, "4 common, practical problems in employment manuals," Iowa Employment Law Letter, March 2021, and HR Daily Advisor, February 11, 2021
• Author, "Keep your performers close, get others off your team . . . promptly," Iowa Employment Law Letter, February 2021, and HR Daily Advisor, February 9, 2021
• Author, "Is training time paid? DOL reiterates standard position," Iowa Employment Law Letter, February 2021, and HR Daily Advisor, January 8, 2021
• Author, "DOL clarifies which healthcare providers are exempt from FFCRA leave provisions," Iowa Employment Law Letter, December 2020, and HR Daily Advisor, November 12, 2020
• Author, "Calling employee a temp may not pass legal muster," Iowa Employment Law Letter, November 2020, and HR Daily Advisor, October 28, 2020
• Author, "Travel policies, payroll, and leave--COVID-19 questions that won't just won't go away," Iowa Employment Law Letter, November 2020, and HR Daily Advisor, October 26, 2020
• Co-Author, "Trump's payroll tax deferral--what should employers do?" Iowa Employment Law Letter, September 2020, and HR Daily Advisor, October 7, 2020
• Quoted, "NLRB Changes Course, Sets New Standard on Profane Outbursts," HR Daily Advisor, July 23, 2020
• Co-Author, "Making PTO payments in uncertain times," Iowa Employment Law Letter, June 2020, and HR Daily Advisor, May 11, 2020
• Quoted, "Liability on the Minds of Employers, Lawmakers as Businesses Reopen," HR Daily Advisor, May 7, 2020
• Quoted, "Employers Brace for Paid Leave Brought on by Coronavirus," HR Daily Advisor, March 17, 2020
• Author, "Can I tell my employees to please shut up? Well, it depends," Iowa Employment Law Letter, March 2020, and HR Daily Advisor, March 17, 2020
• Author, "Tackle coronavirus fears with practical, legal knowledge," Iowa Employment Law Letter, April 2020, and HR Daily Advisor, March 10, 2020
• Author, "'Yo mamma' smackdown--where are we on that whole civility thing?" Iowa Employment Law Letter, November 2019, and Diversity Insight, February 12, 2020
• Quoted, "Coronavirus Fears at Work: What Employers Need to Know," HR Daily Advisor, February 3, 2020
• Author, "My best parenting advice as applied to human resources," Iowa Employment Law Letter, September 2019, and HR Daily Advisor, December 10, 2019
• Quoted, "Long-Awaited Rule on Overtime Exemption Slated to Take Effect January 1," HR Daily Advisor, September 24, 2019
• Quoted, "Proposed Rule Boosts Protection for Religious Organizations with Federal Contracts," HR Daily Advisor, August 19, 2019
• Author, "New Negligent Hiring Law Taking Effect in Iowa," HR Daily Advisor, June 28, 2019
• Quoted, "Comment Period Near End for Proposed OT Rule," HR Daily Advisor, May 16, 2019
• Author, "Religious bias at work: How you pray is not your employer's business," Iowa Employment Law Letter, September 2018, and Diversity Insight, January 16, 2019
• Author, "Everything I need to know about HR I learned from NCIS," Iowa Employment Law Letter, January 2019, and HR Daily Advisor, February 5, 2019
• Author, "Telecommuting GPS: mapping out the detours of working remotely," Iowa Employment Law Letter, November 2018, and HR Daily Advisor, January 2, 2019
• Co-Author, "Stormy days and muddy waters: wading into defamation claims," Iowa Employment Law Letter, June 2016, and HR Daily Advisor, July 17, 2018
• Co-Author, "4 challenging payroll quirks and questions for Iowa employers," Iowa Employment Law Letter, April 2018, and HR Daily Advisor, May 21, 2018
• Author, "Trashing customers online: It hit the fan and your employee threw it," Iowa Employment Law Letter, November 2017, and Technology for HR Blog, December 7, 2017
• Quoted, "Firestorm over Google memo putting 'diversity of thought' in spotlight," Diversity Insight, August 20, 2017
• Quoted, "Ebola ADA Suit is 'Nonsensical,' Massage Envy Franchisee Says," HR Daily Advisor, June 21, 2017
• Author, "Is the Potential to Contract Ebola a Disability?" HR Daily Advisor, May 18, 2017
• Author, "The HR diet: how to change things one bite at a time," Iowa Employment Law Letter, January 2016, and HR Hero Line, February 1, 2017
• Author, "How do we explain need to change FLSA overtime exemption?" Iowa Employment Law Letter, August 2016, and HR Hero Line, November 9, 2016
• Author, "Privacy vs. practicality: when expectations collide," Iowa Employment Law Letter, October 2016, and HR Hero Line, September 16, 2016
• Quoted, "Employers can learn lessons from DOL's FLSA woes," HR Hero Line, September 7, 2016
• Author, "Applicant's obesity claims against company carry no weight," Iowa Employment Law Letter, May 2016, and HR.BLR.com, June 6, 2016
• Author, "What do you do now? The boss is the problem!" Iowa Employment Law Letter, February 2016, and HR Hero Line, April 27, 2016
• Quoted, "Know what to do when a workplace injury prompts an OSHA investigation," HR Hero Line, February 12, 2016
• Author, "Workplace safety in an age of viral panic," Iowa Employment Law Letter, June 2015, and HR Hero Line, January 8, 2016
• Quoted, "What to say when CEO says don't bother creating an employee handbook," HR Hero Line, December 11, 2015
• Author, "Workplace surveillance in a world where everyone's watching," Iowa Employment Law Letter, September 2015, and Technology for HR Blog, November 4, 2015
• Quoted, "Late time cards a headache but no reason to withhold pay," HR Hero Line, October 14, 2015
• Quoted, "Risky business to muzzle employee claiming harassment," HR Hero Line, October 2, 2015
• Quoted, "Time for federal contractors to get ready for new pay transparency rule," Human Resources News, September 10, 2015
• Author, "Cyber boogeyman--internal or external threat?" Iowa Employment Law Letter, August 2015, and Technology for HR Blog, September 2, 2015
• Quoted, "Employer can--and should--investigate off-duty dispute between employees," HR Hero Line, August 28, 2015
• Quoted, "Are for-smokers-only breaks unfair? Maybe, but usually not illegal," HR Hero Line, July 31, 2015
• Quoted, "Stay legal when tackling exempt workers' tardiness, poor attendance," HR Hero Line, July 8, 2015
• Quoted, "FMLA confusion: Employers grapple with forced leave, pay for reduced schedule," HR Hero Line, May 29, 2015

The author of multiple editions of the Iowa Guide to Medical Records, Jo speaks consistently on HIPAA, medical records privacy, physician issues, and consent matters relating to the provision of medical care. She is a regular speaker at the Iowa Health Care Association, Iowa Health Information Management Association, Iowa Medical Society, and other groups dealing with issues relating to long term care, the provision of medical services, medical practitioners, and privacy.

Jo provides seminars and lectures regularly for both individual employer training sessions and speaks at larger trade associations and educational groups including the National Telephone Cooperative Association and the Society for Human Resource Management. She is also a regular contributor to various professional and trade magazines, newsletters, and legal bulletins in the areas of employment law, privacy, and health law.

Professional Recognition

• AV® Preeminent™ rated by Martindale-Hubbell
• Best Lawyers' 2013 "Des Moines Health Care Law Lawyer of the Year."
• The Best Lawyers in America, Health Care Law
• Great Plains Super Lawyers, Employment & Labor
• 2014 Super Lawyers Business Edition, Employment & Labor

Admitted to Practice

• Iowa, 1988