• Add to address book
  • Printer friendly
  • Email this page to a friend
  • Generate a PDF version of this page

Kenneth Jenero

Partner
Chicago
t: 312-715-5790

Kenneth A. Jenero is the National Business Development Partner for Holland & Knight's Labor, Employment & Benefits Practice Group, Leader of the Practice Group's Health and Life Sciences Team, and Co-Leader of the Practice Group in the firm's Chicago Office. Mr. Jenero is an experienced trial lawyer and business advisor, who has devoted his entire professional career to litigation and client counseling in all areas of labor and employment law, including:

  • Union avoidance, collective bargaining, and union-management relations
  • employment discrimination, civil rights and affirmative action
  • wrongful discharge, retaliation and common law employment torts
  • trade secrets, non-compete agreements and other post-employment restrictive covenants
  • wage and hour law
  • occupational safety and health
  • business immigration

Labor Relations Experience. Mr. Jenero has over 29 years of traditional labor law experience. He has conducted comprehensive union avoidance training for national and regional employers; worked closely with company executives in developing and implementing union-free strategies; successfully represented employers in multiple union organizing campaigns and related representation proceedings; negotiated collective bargaining agreements; helped employers respond to strikes, picketing and other concerted activity; and represented employers in unfair labor practice proceedings, representation cases, arbitration hearings, and related federal court lawsuits.

Mr. Jenero serves as labor counsel for the Illinois Landscape Contractors Bargaining Association (ILCBA) and several of its member companies. He represents the ILCBA in collective bargaining negotiations with Local 150, International Union of Operating Engineers, Local 703, International Brotherhood of Teamsters, and Local 707, National Production Workers Union. The collective bargaining agreements set the standard for unionized employers in the landscape construction and maintenance industry in Northeastern Illinois. Mr. Jenero counsels the employer members of the Joint Grievance Committee, which is responsible for resolving grievances under the ILCBA contracts. He also provides ongoing advice to the ILCBA and its members on a wide variety of labor issues, including jurisdictional disputes, strikes and picketing, prevailing wage disputes, project labor agreements, and trust fund audits and litigation.

National Practice. Mr. Jenero represents private and public sector employers on a nationwide basis before arbitrators, administrative agencies, and state and federal courts at all levels. He has successfully represented employers in labor and employment litigation, unfair labor practice proceedings, arbitration hearings, and non-compete cases in twenty-four states, including Illinois, Tennessee, Michigan, Indiana, Massachusetts, New Jersey, New York, Pennsylvania, Florida, Texas, Kansas, Mississippi, Georgia, South Carolina, Alabama, Ohio, Oklahoma, Missouri, New Mexico, California, Oregon, Minnesota, New Hampshire, and Nevada.

Representative Industries. Mr. Jenero's practice has encompassed many industries, including manufacturing, distribution, healthcare, temporary staffing, transportation and inter-modal operations, construction, landscaping, environmental services and recycling, security, insurance, financial services, not-for-profit organizations, commercial printing, retail, travel and tourism, hospitality, restaurants and food service, and professional services. Throughout his career, Mr. Jenero has served as outside labor and employment counsel for a wide range of business clients, including large publicly-held companies, middle market companies, and family-owned businesses.

Healthcare Experience. Mr. Jenero is the leader of the Labor & Employment Practice Group's Health & Life Sciences Team and a member of the Illinois Association of Healthcare Attorneys. He has represented a wide variety of health care clients, including hospitals, medical clinics, long-term care facilities, assisted living facilities, home health providers, vocational and residential service providers, pharmaceutical companies and medical device manufacturers. His experience includes drafting employment agreements, employee leasing agreements, and staffing agreements for health care employers; conducting labor and employment due diligence in connection with the acquisition of health care companies; representing health care employers in employment-related litigation in state and federal courts, labor arbitrations, and government enforcement actions; working with health care employers to develop and implement union-free strategies; and drafting and enforcing health care industry non-compete agreements.

Memberships

  • American Bar Association - Labor Law Section
  • Chicago Bar Association - Labor and Employment Section
  • Illinois State Bar Association - Labor and Employment Section
  • Society of Human Resource Managers
  • Illinois Association of Healthcare Attorneys
  • Chicago Southland Chamber of Commerce, Former General Counsel, Member of Board of Directors, and Member of Executive Committee

Court Admissions

  • U.S. District Court for Northern Illinois
  • U.S. District Court for Northern Illinois, Trial Bar
  • U.S. District Court for Central Illinois
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for Kansas
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. Appeals Court, Sixth Circuit
  • All State Courts in Illinois

Speaking Engagements

  • "Employee Free Choice Act: Are You Ready for the Change?," Manufacturers Alliance Presidents Council, 2009
  • "Key Labor & Employment Issues Facing Health and Life Sciences Employers in 2009," Holland & Knight Seminar, 2009
  • "Are You Prepared to Comply With the Changes to the Regulations to the Family and Medical Leave Act?", Webinar, January 22, 2009
  • "Litigating Employee Leave Claims," Lorman Education Services Seminar, 2008
  • "Legal Update: Recent Developments Affecting Illinois Employers," Holland & Knight Seminar, 2008
  • "Labor Law Issues for Non-Union Employers," presented to various industry and trade groups , 1990 - 2007
  • "Labor Law Primer," MBA program at Benedictine University in Lisle, Illinois, 2007
  • "Legal Issues Associated With Family and Medical Leaves," Society of Human Resources Professionals, Chicago Chapter, 2007
  • Interview, "The Disability Compliance Bulletin" regarding telecommuting as a form of reasonable accommodation under the ADA, 2007
  • "Discrimination Issues With An Aging Workforce," Holland & Knight Seminar, 2007
  • "Human Resources' Role in Protection of Confidential Information and Prevention of Related Data Breaches," Holland & Knight Seminar, 2007
  • "Maintaining Your Company's Competitive Advantage: Effective Use of Contractual and Statutory Protections," Chicago Southland Chamber of Commerce, 2006
  • Appeared on nationally syndicated TV show, "First Business Morning News" to address recent news item regarding smokers rights and lifestyle discrimination, 2006
  • Interviewed, "Inside Counsel Magazine" regarding legal protections for victims of domestic and sexual violence provided by Illinois Victim's Economic Security and Safety Act, 2006
  • Interviewed, "Chicago Southland Chamber of Commerce Business Magazine" regarding "Family-Friendly Employment Laws", 2006
  • Training program on strikes, the relationship between employees and their union, and the labor arbitration process, presented to executives and managers of national lumber company, 2005

Published Articles & Books

  • "Serious Implication for Employers if the Employee Free Choice Act is Passed," Labor, Employment and Benefits, Alert - July 15, 2009
  • "The Employee Free Choice Act," Labor, Employment and Benefits, Alert - March 13, 2009
  • "The Employee Free Choice Act: A "Check-In" the Hospitality Industry Doesn’t Want," Hospitality Industry, The Employee Free Choice Act: A “Check-In” the Hospitality Industry Doesn’t Want Alert - February 17, 2009
  • "The Employee Free Choice Act: Are You Ready for the Change?," Health Law & Life Sciences, Alert - November 6, 2008
  • "The Employee Free Choice Act: “No Choice” for Employers and Employees," Labor, Employment and Benefits, Alert - October 27, 2008
  • "Managing Litigation Risks Associated With Employee Discharge Decisions," Labor, Employment and Benefits, Newsletter - May 2008
  • "Hoffman Plastic Compounds, Inc. v. NLRB: Implications for Remedial Discretion Afforded Regulatory Agencies," Employee Relations Law Journal, 2002
  • "National Railroad Passenger Corporation v. Morgan: The End of the Line for the Continuing Violation Doctrine or an Express Route for Plaintiffs?," Employee Relations Law Journal , 2002
  • "The Evolving FMLA: Guidance from Some Recent Court Decisions," Employee Relations Law Journal, 2002
  • "Staying Competitive in the Twenty-First Century: Visa Alternatives for Global Employers," Employee Relations Law Journal, 2001
  • "The Supreme Court’s Latest Word on Retaliation," Employee Relations Law Journal, 2001
  • "The Next Generation of ADA Claims: The 'Regarded As' Prong of the Definition of Disability," Employee Relations Law Journal, 2000
  • "Weingarten Revisited: Nonunion Workers Also Have Right to Presence of Coworker During Investigatory Interviews," Employee Relations Law Journal, 2000
  • "EEOC Issues Policy Guidance on Reasonable Accommodation and Undue Hardship Under the ADA," Employee Relations Law Journal, 1999
  • "Revisiting the Legality of Employee Participation Programs Under the National Labor Relations Act," Employee Relations Law Journal, 1999
  • "Drafting Effective Independent Contractor Agreements," Employee Relations Law Journal, 1998
  • "Revisiting Employer Sexual Harassment Policies in Light of Oncale v. Sundowner Offshore Services, Inc.," Employee Relations Law Journal, 1998
  • "Supreme Court Adopts Stringent Standard for Employer Liability in Supervisor Harassment Cases," Employee Relations Law Journal, 1998
  • "D.C. Circuit Agrees With EEOC: Receipt of Disability Benefits No Bar to ADA Claims," Employee Relations Law Journal, 1997
  • "New Risks for Employers: Misclassified 'Independent Contractors' May Be Entitled to Costly Employee Benefits," Employee Relations Law Journal, 1997
  • "Validity of FMLA Regulatory Notice Requirements for Employers Challenged in Federal Courts," Employee Relations Law Journal, 1997
  • "Defending Against the Corporate Campaign: Selected Legal Responses to Common Union Tactics," Employee Relations Law Journal, 1996
  • "Pitfalls and Opportunities: NLRA and Contractual Considerations When Purchasing a Unionized Company," Employee Relations Law Journal, 1996
  • "The Impact of Lockheed: More Flexibility for Employers in Pension Benefit Plans," Employee Relations Law Journal, 1996
  • "Temporary Employment Relationships: Review of the Joint Employer Doctrine Under the National Labor Relations Act," Employee Relations Law Journal, 1995
  • "The Relocation of Work Between Plants: A Planning Checklist of Statutory and Contractual Obligations," Employee Relations Law Journal, 1995
  • "Employers Beware: You May Be Bound By the Terms of Your Old Employee Handbooks," Employee Relations Law Journal, 1994
  • "Electronic Monitoring of Employees and the Elusive 'Right To Privacy'," Employee Relations Law Journal, 1992
  • "Employee Participation Programs: Prudent or Prohibited?," Employee Relations Law Journal, 1992
  • "Implied Private Right of Action Under the Davis-Bacon Act: Closing Some Loopholes in Administrative Enforcement," DePaul Law Review , 1980