Andrew J. Cleves

Representative Experience

• Obtained summary judgment for major Ohio healthcare provider on religious discrimination, age discrimination, retaliation, and tortious interference with contractual or business relationships claims.
• Successfully defended various employers against unfair labor practice charges before the National Labor Relations Board, including major Ohio healthcare provider, long-term care and assisted living facility, and roofing company.
• Drafted employment policies to comply with state-specific laws on behalf of national clinical development and staffing service organization and national temporary staffing company.
• Represented construction company and multiple national staffing companies in litigation involving enforcement of non-competition and non-solicitation agreements both in Ohio and other states.
• Obtained dismissal of numerous employment-discrimination charges before the Equal Employment Opportunity Commission and Ohio Civil Rights Commission on behalf of multiple clients, including manufacturing companies and national staffing companies.
• Represented steel manufacturer in class action litigation regarding retiree health and medical benefits.
• Provided preventative counseling to hospital network on issues including employment policies, potential joint-employer liability issues, IRS guidelines, medical benefits plan revisions, and unemployment compensation claims.
• Assisted steel manufacturer in implementation of facility idling and mass layoffs, including drafting applicable employee severance agreements and WARN notices.
• Obtained summary judgment for independent news media organization on disability discrimination, failure to accommodate, and race discrimination and retaliation claims.
• Successfully enforced litigation settlement agreements on behalf of major Ohio healthcare provider.
• Obtained dismissal of former employee’s claims for unpaid benefits on behalf of a medical marijuana dispensary.
• Successfully represented major Ohio healthcare provider in arbitration proceeding where arbitrator upheld discharge of former employee who committed major policy violations.
• Represented national staffing company in connection with investigation by Immigrations and Customs Enforcement.
• Successfully rescinded a temporary restraining order and won a preliminary injunction hearing against union that sought to prevent employer from relocating employee training.
• Obtained summary judgment of wrongful termination, fraud, and defamation claims in private arbitration proceeding on behalf of national apartment developer and property manager.
• Successfully defended against union’s attempts to vacate lengthy suspension and discharge of employee.

Education & Admissions

Education

• University of Cincinnati College of Law J.D., magna cum laude, 2012
  • Order of the Coif (2012)
  • University of Cincinnati Law Review, Notes & Comments Chair (2011-2012)
• Xavier University, B.A., honors, 2007

Bar and Court Admissions

• State of Ohio
• U.S. District Court, Northern District of Ohio
• U.S. District Court, Southern District of Ohio
• U.S. Court of Appeals, Sixth Circuit

Involvement

Professional Affiliations

• Ohio Staffing and Search Association
  • Legislative Director (2024-Present)
  • Northeast Area Director (2023-2024)
  • Member (2019-Present)
• Cleveland Employment American Inn of Court, Member (2018-Present)
• Ohio State Bar Association, Member (2012-Present)
• Cleveland Metropolitan Bar Association, Member (2012-Present)

 Community Involvement

• Boys & Girls Clubs of Cleveland, Member (2016-2023)
  • Bridge Board, Chair Emeritus (2021-2022)
  • Chair (2019-2020)
  • Executive Committee, Fundraising Co-Chair (2017-2018)
  • Vice Chair (2018)
• College Now Greater Cleveland, Mentor (2019-2021)
• Cleveland Leadership Center, Civic Leadership Institute (Class of 2019)

Awards & Honors

• Named to the Ohio Super Lawyers Rising Stars list (2021 – Present)
• Named to Best Lawyers® list in Labor & Employment Law Litigation (2024 – Present)
• Named to Best Lawyers: Ones to Watch^® list in Labor & Employment Law – Management (2021 – 2023)
• Boy Scouts of America, Eagle Scout

Publications

• “The NLRB at It Again: The Importance of Ensuring You Have Updated Employment Policies,” Frantz Ward Labor & Employment Law Navigator (April 2024)
• “Are You Prepared for New Prevailing Wage Rules?” Properties Magazine (November 2023)
• “Administrative Guidance on Pregnancy Workers Fairness Act.” Ohio Society of Association Professionals Quarterly Newsletter (Fall 2023)
• “Make Sure You’re Crystal Clear on Pay Transparency.” Ohio Society of Association Professionals Quarterly Newsletter (Summer 2023)
• “Your Employee Handbook: It Doesn’t Need to Be Dope, but It Should Include Certain Provisions.” Ohio Society of Association Professionals Quarterly Newsletter (Spring 2023)
• “Addressing Today’s Problem and Avoiding Tomorrow’s Tragedy: Employer Tactics for Responding to and Preventing Workplace Violence,” Frantz Ward Labor & Employment Navigator (January 2023)
• “Unlocking the Handcuffs: Department of Justice Obtains Guilty Plea in “No-Poach” Hiring Agreement Case,” Frantz Ward Labor & Employment Navigator (November 2022)
• “More Than $230,000 Later, Staffing Company Resolves Issues Related to Data Breach,” Frantz Ward Labor & Employment Navigator (August 2022)
• “This Week in COVID-19 News: Federal Workers, Department of Labor Advice, and OSHA ETS,” Frantz Ward Labor & Employment Navigator (January 2022)
• “Department of Labor Releases FAQ and Template for Required Notice of COBRA Premium Subsidies,” Frantz Ward Labor & Employment Navigator (April 2021)
• “No. It is Not Okay to Travel to Thailand or Threaten Co-Workers While on FMLA Leave,” Frantz Ward Labor & Employment Navigator (January 2021)
• “When Can an Employee Be Discharged for Using Racially Charged Language in a Political Social Media Post? The Sixth Circuit Court of Appeals Has Thoughts on the Matter,” Frantz Ward Labor and Employment Navigator (October 2020)
• “When Can You Take FMLA Leave? Not to Care for Your Sick Sister’s Children Says an Ohio Federal Court,” Frantz Ward Labor & Employment Navigator (January 2020)
• “Not an April Fool’s Day Joke—Labor Department Proposes Regulation to Limit Joint Employer Wage and Hour Liability,” Frantz Ward Labor & Employment Navigator (April 2019)
• “The Joint-Employer Dance Continues: The NLRB’s Most-Recent Twist to the Judiciary’s Less Recent-Turn,” Frantz Ward Labor & Employment Navigator (January 2019)
• “Full-Time Work an Essential Function of a Job? Not So Fast Says the Sixth Circuit Court of Appeals,” Frantz Ward Labor & Employment Navigator (August 2018)
• “From Tailgating to Vice Chair: How the Boys & Girls Clubs of Cleveland Enveloped Me,” Cleveland Metropolitan Bar Journal (January 2018)
• “House Introduces Bill to Rein in Expansion of Joint Employer Definition,” Frantz Ward Labor & Employment Navigator (August 2017)
• “Equal Terms: What Does It Mean and How Does It Work? Interpreting the Equal Terms Provision of the Religious Land Use and Institutionalized Persons Act,” 80 University of Cincinnati Law Review, 179 (May 2012)

Presentations & Lectures

• “Avoiding Costly Litigation: Advice on Common Pitfalls,” Centerforce Employment Law Summit in Chicago (October 2024)
• “Issue 2: Does a Game-Changer for Ohio’s Cannabis Industry Change the Game for Ohio Employers?” 61st Annual Midwest Labor & Employment Conference (October 2024)
• “Legalized Marijuana in Ohio: What You Need to Know, Ohio Staffing & Search Association Webinar (September 2024)
• “Legalized Marijuana & the Workplace,” (Panelist) Lake County Development Counsel (August 2024)
• “DEI Weightlifting: Does the Weight Feel Heavier?” (Speaker) ‘Going for the Gold,’ A Labor & Employment Seminar, Frantz Ward Labor & Employment Seminar (June 2024)
• “Top 10 HR Pitfalls to Avoid.” Ohio Staffing and Search Association Annual Conference (July 2023)
• “Common HR Pitfalls to Avoid.” Ohio Society of Association Professionals Annual Conference (July 2023)
• “ADA Today: Evaluating Disability Questions and Issues That Arise in Today’s Workplace,” (Co-Presenter) Frantz Ward Labor & Employment Seminar (June 2023)
• “Contract Best Practices,” Ohio Society of Association Professionals Quarterly Luncheon (May 2023)
• “Stomping Out Violence in the Workplace: Realities, Liability & Prevention,” Ohio Society of Association Professionals Quarterly Luncheon (May 2023)
• “Leave Issues Today: Analyzing the Interaction of the ADA, FMLA, and Today’s COVID Leave Issues,” (Co-Presenter) Frantz Ward Labor and Employment Seminar (June 2022)
• “Common HR Pitfalls and How to Avoid Them,” The Road Ahead Frantz Ward’s Labor & Employment Webinar Series (June 2021)
• “Construction Labor Today: Recent and Upcoming Policy, Legislative, Regulatory, and Administrative Updates,” Advice From the Trench Frantz Ward Construction Webinar (May 2021)
• “2021 Legal Update,” Ohio Association of Radon Professionals, Webinar (April 2021)
• “The New Administration and COVID-19 – What’s New?” Ohio Chamber HR Academy Webinar (March 2021)
• “2021 Legal Update,” Ohio Staffing and Search Association Webinar (March 2021)
• “I Don’t Want to Work: Addressing Potential Return to Work Issues,” Ohio Chamber HR Academy Webinar (November 2020)
• “I Don’t Want to Work: Addressing Leaves of Absence and Potential Return-to-Work Issues,” Frantz Ward Labor and Employment Webinar Series (September 2020)
• “Ask the Expert: Getting Back to Business in the COVID-19 World,” Ohio Staffing and Search Association Annual Conference, Webinar (June 2020)
• “Navigating the Current Crisis,” Ohio Staffing and Search Association Webinar (April 2020)
• “Navigating the COVID-19 Crisis at Work,” Ohio Association of Radon Professionals Webinar (April 2020)
• “Closing Time. One Last Call for Time Off, So Finish Your Leave Because You Can’t Stay Here,” Cleveland SHRM Legal Affairs Conference, Cleveland, OH (February 2020)
• “Exploring Non-Competes, Restrictive Covenants and Employment Agreements,” Ohio Chamber HR Academy Webinar (November 2019)
• “Exploring Non-Competes, Restrictive Covenants and Employment Agreements,” Ohio Staffing and Search Association Webinar (October 2019)
• “Exploring Non-Competes, Restrictive Covenants and Employment Agreements,” Western Reserve Chapter of SHRM, Warren, OH (July 2019)
• “Revising and Updating Your Employee Handbook,” Frantz Ward Labor and Employment Law Seminar, Cleveland, OH (May 2019)
• “Stomping Out Violence in the Workplace,” Cleveland Society for Human Resource Management, Berea, OH (May 2018)
• “Stomping Out Violence in the Workplace,” Frantz Ward Labor and Employment Law Seminar, Cleveland, OH (May 2018)
• “FLSA Essentials: Practically Applying the Most Recent Legal Perspectives,” Human Resource Law Boot Camp, Youngstown, Ohio (December 2017)
• Labor Update: Trends and Hot Topics in Today’s Workplace,” Ohio Cast Metals Association Meeting, Columbus, OH (October 2017)

Media Coverage

• Mentioned in “Lawyers, Firms Receive Recognition,” Cleveland Jewish News (January 2021)