Joshua B. Gessling
Josh assists businesses in a broad range of employment and labor law matters, and provides litigation and trial services for the firm’s clients. Josh utilizes his background in employment, labor and international law to assist clients with workforce management and operational issues in the U.S. and abroad. Josh is licensed to practice law in Indiana and Florida.
- 2003: University of Southern Indiana, Evansville, Ind., B.S., Political Science
- 2007: St. Thomas University School of Law, Miami Gardens, Fla., J.D.
- 2008: University of Miami School of Law, Coral Gables, Fla., LL.M., International Law
- 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, the 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, arbitrations, 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.
- Transportation Law: Counsels employers regarding Federal Department of Transportation (DOT) regulations and transportation laws that apply to professional drivers and transportation-oriented workers.
- International Law: Assists clients doing business in Europe, Asia and Latin America in resolving international employment and commercial disputes, international choice of law and jurisdiction issues, and complying with U.S. laws that regulate employee activities abroad, including the Foreign Corrupt Practices Act (FCPA). Assists clients with service of documents and discovery of evidence located abroad, and recognition and enforcement of foreign judgments.
- Litigation and Trial Services: Provides litigation and trial services for the firm’s clients.
- Professional Services
- Diaz v. Professional Transportation, Inc., 2014 U.S. Dist. LEXIS 10825 (M.D. Fla. January 29, 2014).
Publications and Presentations
- “NLRB Overturns Browning-Ferris and Lutheran Heritage Cases: Issues New Joint Employer Test and Standard for Analyzing Workplace Policies,” Article Published on KDDK.com, Author (December 2017)
- “BREAKING: Secretary of Labor Acosta Withdraws Obama-Era Administrative Interpretations Regarding Independent Contractors and Joint Employment,” Article Published on KDDK.com, Author (June 2017)
- “The Weather Outside May Be Frightful, But The FLSA Doesn’t Have To Be,” Article Published on KDDK.com, Author (January 2017)
- “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)
- “They’re Here! New Salary Requirements for Employees Exempt from Overtime Pay,” Presenter, KDDK Seminar (June 2016), Evansville-area Human Resource Association Seminar (June 2016), Jasper Chamber of Commerce Seminar (June 2016 and July 2016)
- “Tips for Calculating FMLA Leave Around Holidays,” Article Published on KDDK.com, Author (January 2016)
- “NLRB’s General Counsel Offers Additional Insight into Board’s Analysis of Social Media Policies,” Article Published on KDDK.com, Author (March 2015)
- “Indiana Right to Work Law Upheld by Indiana Supreme Court,” Article Published on KDDK.com, Author (November 2014)
- “Supreme Court Rejects President Obama’s Recess Appointments in Noel Canning,” Article Published on KDDK.com, Author (June 2014)
- “NLRB’s Impending Ruling in Purple Communications, Inc. Could Leave Employers Seeing Red,” Article Published on KDDK.com, Author (June 2014)
- “NLRB Regional Director’s Petition for Sec. 10(j) Injunction Denied; KDDK Represented Employer Article Published on KDDK.com, Author (February 2014)
- “Screening Job Applicants Through Social Media Can Be Risky for Business,” Article Published on KDDK.com, Author (December 2013)
- Presenter at seminar for supervisors of a public employer on best practices for hiring and firing, Jasper, Indiana (November 2013)
- Presenter at supervisor training retreat for a private employer in the transportation industry regarding drug and alcohol testing of drivers regulated by the Department of Transportation, Evansville, Indiana (September 2013)
- Presenter at supervisor training event for a private multinational employer in the plastics industry on the development and implementation of social media policies throughout the U.S.A., Evansville, Indiana (September 2013)
- “Investigating Workplace Social Media Use? Know These 5 Things.” Article Published on KDDK.com, Author (August 2013)
- “Labor and Employment Law Annual Update,” Seminar Presented by Kahn, Dees, Donovan & Kahn, Evansville, Indiana, Presenter (August 2013)
- “Failure to Accommodate Claim for Terminated Employee Advances Despite Extended Leave,”Article Published on KDDK.com, Author (July 2013)
- “Business as Usual: NLRB Cans Employer’s Noel Canning Argument,” Article Published on KDDK.com, Author (May 2013)
- “FMLA Update: Pre-Eligibility Request for Post-Eligibility Leave May be Protected,”Article Published on TheIndianaLawyer.com and www.KDDK.com, Author (April 2013)
- “NLRB: Beware of Overly Broad Media and Confidentiality Policies,”Article Published on TheIndianaLawyer.com and www.KDDK.com, Author (February 2013)
- “Fundamentals of Employment Law: Privacy and Social Media in the Workplace,” Sterling Education Services Seminar, Evansville, Indiana, Presenter (December 2012)
- “FLSA and FMLA Interplay: Administering Intermittent Leave for Exempt Employees,”Article Published on KDDK.com, Author (September 2012)
- Presenter at training event for supervisors of a public employer on FMLA requirements and administration of leave, Jasper, Indiana (August 2012)
- “Title VII Development: N.D. Ind. Federal Court Holds Former Employee’s Report of Sexual Harassment by Customer may be Sufficient to Require Employer Effect Measures to Prevent Future Harassment,” EHRA Chapter Connection, Author (October 2011)
- Quoted in “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 Center and the Evansville Human Resources Association, Presenter (July 2011)
- “Inquiries Regarding Gun Ownership Off-Limits for Indiana Employers,” Article Published in KDDK News Flash, Author (May 2011)
- “EEOC: Use of Credit History in Hiring Decisions,” Article Published in KDDK News Flash, Author (December 2010)
- “Not So Fast … You May Not Have Insurance Coverage,” Article Published in KDDK Advantage, Author (October/November 2010)
- “From Ankara to Strasbourg: Developing a Comprehensive Supranational Litigation Strategy for Patriarchal Preservation in Turkey,” 15 Buffalo Human Rights Law Review 109, Author (2009)
- Indiana State Bar Association
- Florida Bar Association
- Evansville Bar Association: Labor and Employment Law Section Chairman
- Society for Human Resource Management (SHRM)
- Evansville-Area Human Resources Association (EHRA): Board of Directors Member and Communications Director
- Defense Trial Counsel of Indiana (DTCI): Former Member
- Mental Health America of Vanderburgh County: Former Board of Directors Member
- Leadership Evansville: Program Alumnus
- Randall T. Shepard Academy for Law and Social Justice: Former Mentor
- Evansville Bar Association Mock Trial Competition: Former Coach
- State of Indiana
- State of Florida
- U.S. District Court, Southern District of Indiana
- U.S. District Court, Northern District of Indiana
- Selected, Indiana Super Lawyers® Magazine, Rising Star in Employment & Labor Law (2014, 2015, 2016)