Jo Ellen Whitney
“A brilliant mind and problem solver,”
-Chambers USA, Reference Feedback
Jo Ellen 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 and labor law, health law, fair housing, privacy and data security compliance, and contract and policy issues relating to grant funding.
Employment and 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 the firm'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 in implementing HIPAA in her role as 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
Representative Experience
Wage Hour
Jo Ellen regularly helps clients with wage hour claims, often on employee categorization, minimum wage, overtime questions, and compliance.
Discrimination
Jo Ellen advises hospitals and long-term care facilities on questions related to Section 1557 of the Affordable Care Act - prohibiting discrimination based on race, color, national origin, sex, age, or disability in certain health programs or activities. Recently, she has assisted several clients with questions about transgender employees and patients including issues of discrimination and medical services including writing policies and assessing benefit issues.
Family and Medical Leave Act (FMLA)
Throughout her career, Jo Ellen has provided clients with advice, presented, and written articles about the Family and Medical Leave Act (FMLA), especially as it relates to the grey areas, such as adequate notice of an employee’s FMLA rights and requesting FMLA data from an employee.
Social Media in the Workplace
There has been a great deal of publicity about health care workers sharing photos or videos of residents/patients on Snapchat, Facebook, and other social media. It’s a complicated area for employers in all industries as multiple agencies, including CMS and the NLRB, have different and sometimes contradictory social media expectations. Privacy can be a hard concept to explain and enforce, Jo Ellen works to provide employers the policies and direct training necessary to adhere to these requirements.
Drug Diversion
Jo helps the healthcare industry navigate a complex and quickly developing area of health law: drug diversion and misuse of prescription drugs. Consequences are serious and can result in termination as well as possible loss of insurance status, hospital privileges, IBM licensure, and DEA issues. For several years, Jo Ellen has worked with providers on compliance issues, providing proactive training and feedback to potentially help prevent drug diversion from happening in her clients’ workplaces.
Data Privacy and Security
With an increasing emphasis on data privacy and security, resulting in new legislation in Iowa and across the globe, Jo Ellen advises several clients on data privacy, security, and GDPR compliance. When necessary, she helps clients create new policies, update training, and meet the changing and complicated requirements.
Awards & Honors
- Admitted to United States Supreme Court Bar, 2018. Sponsored by National Sheriff’s Association
- AV® Preeminent™ rated by Martindale-Hubbell. The highest peer rating standard. This rating signifies that a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills, and ethical standards.
- Chambers USA, Labor and Employment Law, Iowa Ranked Band 2, 2017
- The Best Lawyers in America© 2020, Health Law and Employment Law. Jo Ellen has been ranked since 2012.
- In 2013, she was named Best Lawyers® Health Care Law “Lawyer of the Year” in the Des Moines metro.
- Super Lawyers. Jo Ellen is listed in Super Lawyers Business Edition and Great Plains Super Lawyers for her work in Employment and Labor law. She was first named to the list in 2007.
- Governor's Volunteer Award recipient in 2007 and 1997 in recognition of her volunteer service to the Iowa Civil Rights Commission
Presentations & Publications
“Regarded as one of the area’s best employment practitioners for training matters,”
-Chambers USA, Reference Feedback
Jo Ellen is a thought leader, frequently writing blogs and presenting regularly at employer training sessions, trade association conferences, and professional affiliation groups including the Rural Broadband Association 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 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.
Personal
Jo Ellen and her family have won multiple Iowa State Fair Blue Ribbons for recipes including Plum BBQ Sauce and Parmesan Herb Crisps. An avid hockey fan, she also has season tickets for the Iowa Wild.
Memberships
Alma Maters
Bar Admissions
Articles
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COVID CHANGES TO IOWA LAW
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Not Normal Yet - COVID Spring Break 2021
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Discrimination Concerns in Skipping Notice Period
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Don’t Let the Door Hit You on the Blank on the Way Out: Skipping the Notice Period
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HR Quick Take: Religious Decorations in the Workplace
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New Forms Required for Iowa Workforce Development
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Coronavirus Protections Enacted by Two Executive Orders
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HR Quick Take: Language Fluency as a Job Requirement
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Jo Ellen Whitney Presents Vaccine Webinar for Iowa Medical Society
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HR Quick Take: Severance Agreements
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HR Quick Take: Reduced Hour Pay
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Jo Ellen Whitney Participates in Holmes Murphy Virtual Roundtable
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HR Quick Take: FMLA Medical Certification
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HR Quick Take: Minimum Wage Increasing
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Jo Ellen Whitney Presents Webinar for IHCA
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HR Quick Take: Borrowing PTO
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HR Quick Take: Volunteer Mileage
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Jo Ellen Whitney Guest on HR Works Podcast
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New Law: Paid COVID-19 Leave is Now Voluntary
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New Law: Paid COVID-19 Leave is Now Voluntary
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Jo Ellen Whitney Presents at ISBA 2020 Labor and Employment Law Seminar
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HR Quick Take: Jury Duty COVID-19
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HR Quick Take: Rewarding Employees with PTO
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Davis Brown Law Firm to Combine with Dentons
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Keep Your Performers Close and Get the Others Off Your Team…Promptly
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The DOL Revisits Compensable Travel Time
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HR Quick Take: PTO or Emergency Paid Sick Leave?
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Jo Ellen Whitney Presents at Iowa Employment Conference
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Is Training Time Paid? DOL Reiterates Standard Position
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Information Blocking: Compliance Regulations Pushed Back to Spring 2021
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HR Quick Take: FMLA or FFCRA?
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HR Quick Take: Helicopter Parents
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Common Problems in Employment Manuals
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Davis Brown Voted “Best Law Firm” by West Des Moines Chamber of Commerce
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Davis Brown Law Firm Recognized in "Best Law Firms" 2021 List by US News & World Report and Best Lawyers
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Jo Ellen Whitney Featured in Holmes Murphy Word on the Street Series
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HR Quick Take: Employee Biometric Data
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HR Quick Take: Accommodations for Drug Testing
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Davis Brown and Attorney Kent Herink Donate $5,000 to Central Iowa Public Libraries
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HR Quick Take: Gifts to Public Employees
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Health Law Quick Take: Pay During Administrative Leave
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HR Quick Take: Personnel Files
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Davis Brown Voted "Best Law Firm" for 15 Consecutive Years
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FFCRA Exempt Healthcare Providers
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HR Quick Take: Remote Work in Other States
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Reimbursing Employee Remote Work Costs
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HR Quick Take: Drug Testing Policy
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Breanna Young Presents at IACP Conference with One Iowa
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HR Quick Take: Workers' Compensation and PTO
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Kelsey Crosse and Jo Ellen Whitney Author Guide to Iowa Employee Privacy Laws for Practical Law Company
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Health Law Quick Take: EMS Protocol
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Calling an employee a temp doesn't make it so
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Forty-Four Davis Brown Attorneys Listed in The Best Lawyers in America© 2021
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Davis Brown Attorneys Author Doing Business in the United States: Iowa for Practical Law Company
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HR Quick Take: Injured Employee Drug Test
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Twenty-One Davis Brown Attorneys Named to 2020 Great Plains Super Lawyers and Rising Stars List
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HR Quick Take: Short on PTO
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Job Service Fact-Finding Interviews
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HR Quick Take: Employee FMLA Certification
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Travel Policies, Payroll, and Leave - COVID-19 Questions That Just Won't Go Away
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HR Quick Take: On-call employees and FMLA
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Jo Ellen Whitney in Iowa Credit Union League HR Roundtable
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HR Quick Take: Who can certify FMLA leave?
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HR Quick Take: Employee Biometric Data
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Jo Ellen Whitney Presents Webcast for Iowa Communications Alliance
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HR Quick Take: Employee Personnel Files
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Jo Ellen Whitney Presents Volunteer Webinar for Iowa Hospital Association
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Health Law Quick Take: Volunteers and Paid Employees
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HR Quick Take: PPP and FTE
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Unclaimed Property Held by an Employer
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Jo Ellen Whitney Leads Webinar for Iowa Credit Union League
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Benefits During a Furlough or Layoff
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HR Quick Take: Reduced Hours and Unemployment Compensation
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Is COVID-19 a Recordable Event?
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Sixteen Davis Brown Attorneys Among Best in 2020 Chambers USA Iowa Rankings
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Jo Ellen Whitney Participates in Business Record Newsroom 515 Panels
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Is COVID-19 a Recordable Event?
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Privacy Compliance - Yes, even in a pandemic
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HR Quick Take: Laid-Off Employees and FMLA
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Frequently Asked Questions from Employers RE: Employee Health Screening
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PTO Payouts in Uncertain Times
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Regular Rate - DOL Issues Opinion Letters
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Employer Paid Leave Policy for Families First Coronavirus Response Act
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Don't Forget to Document
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Historic CARES Act Signed into Law Creating New Unemployment Program
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Three Pressing FFCRA Questions and Answers
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DOL Issues Guidance for COVID-19 Leave Policies
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HR Quick Take: EEOC Updated Guidance
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HR Quick Take: Disease Risk with Multiple Employers
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Davis Brown Law Firm Remains Open, Closes Physical Offices
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Families First Coronavirus Response Act Overview
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Davis Brown Law Firm COVID-19 Update
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Health Law Quick Take: Telehealth in light of COVID-19
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HR Quick Take: Coronavirus Biometrics
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COVID-19 Update for Construction Industry
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HR Quick Take: Changing Sick Leave Policies and COVID-19
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Iowa Workforce Development Webinar Re: COVID-19 and Unemployment Compensation Insurance
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HR Quick Take: Taking Employee Temperatures
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HR Quick Take: Home Repairs and COVID-19 - can I ask if someone is sick?
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Recommended COVID-19 Travel Policy
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COVID-19 - Recommended Best Practices for the Workplace
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Coronavirus (COVID-19) Legal Resources
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HR Quick Take: OSHA and the Coronavirus
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HR Quick Take: SING Record Check
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Record Checks: Pre-hire Isn't the Only Record Check You Need
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Drug Testing Under Iowa Law
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HR Quick Takes: Workers' Compensation Drug Tests
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Coronavirus in the Workplace
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HR Quick Take: Workplace Injuries and Drug Tests
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Personal Surveillance Cameras in the Workplace: Don't Do It
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Davis Brown Attorneys Present at Central Iowa SHRM Conference
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HR Quick Take: Employee Death and Taxes
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HR Quick Take: Electronic Signatures
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HR Quick Take: Going Paperless
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Can I Tell my Employee to Please Shut Up?
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Was it an accident or a crime? Requirements to report injuries
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HR Quick Takes: FMLA Hours
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HR Quick Takes: FMLA Certification Costs
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Lessons for Employers from Extended Litigation
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HR Quick Takes: FMLA Certification
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HR Quick Takes: OSHA Reporting
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HR Quick Takes: OSHA Injuries
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HR Quick Takes: FMLA Leave for Key Employees
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HR Quick Takes: Pre-Employment Physical
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Jo Ellen Whitney Presents on Mental Health at Iowa Employment Conference
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HR Quick Takes: Employee Vaccination Inquiry
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HR Quick Takes: Employee Vaccination Requirement
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Jo Ellen Whitney Presents at Small Business Success Summit
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Waterloo Bans the Box - and a Bit More
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HR Quick Takes: Absenteeism
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HR Quick Takes: Garnishments and Severance Payments
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HR Quick Takes: Employee Personal Files
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Home Healthcare Providers Threatened by Second-Hand Smoke
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HR Quick Takes: W4 Changes
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Ban the Box
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Yo Momma Smack Down - Where are we on that whole civility thing?
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HR Quick Takes: Limiting Overtime
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HR Quick Takes: Blacklisting
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HR Quick Takes: Non-Competes
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Davis Brown Named "Best Law Firm" in Des Moines for 14 Consecutive Years
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HR Quick Takes: Surveillance cameras
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HR Quick Takes: Sharing employee payroll information
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Davis Brown Employment Attorneys Lead FMLA Master Class
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HR Quick Takes: PTO donations
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Is Obesity an ADA-Covered Disability? Courts in Conflict
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HR Quick Takes: PTO during notice period
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42 Davis Brown Attorneys Listed in The Best Lawyers in America© 2020
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My Best Parenting Advice as Applied to Human Resources
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HR Quick Takes: My employee has the measles
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Kelsey Crosse and Jo Ellen Whitney Attend Employers Counsel Network Conference
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Jo Ellen Whitney Presents at Iowa Civil Rights Symposium
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Fifteen Davis Brown Attorneys among Best in 2019 Chambers USA Iowa Rankings
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They Spent Millions of Dollars and They Still Messed Up. It's Not the Mistake, it's the Recovery
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Oh The Questions - DOL Opinion Letter re: FMLA leave designation
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Where Did We Go Wrong? Planning for issues in employment agreements
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Jo Ellen Whitney Presents at FMLA Masterclass
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43 Davis Brown attorneys listed in The Best Lawyers in America© 2019
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Jo Ellen Whitney Presents at Iowa Community Action Association Conference and HFMA Conference
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Twenty-Nine Davis Brown Attorneys Named to 2018 Great Plains Super Lawyers and Rising Stars Lists
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One Size Does Not Fit All When It Comes to Grief and Bereavement Leave
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Code Words and Causation - Avoiding an Age Discrimination Claim
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Jo Ellen Receives Award for Best Headline of the Year at Employers Counsel Network Conference
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What Exactly Can I Tell the Cops about the Patient with a Gun?
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Drugs, Lies, and Videotape: Drug Diversion, Part II
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Drugs, Lies, and Videotape: Drug Diversion
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Sixteen Davis Brown Attorneys among Best in 2018 Iowa Chambers and Partners Rankings
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Davis Brown Attorneys Present at Iowa Employment Conference
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Jo Ellen Whitney Honored by National Sheriffs' Association at U.S. Supreme Court
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Iowa Civil Rights Commission Complaint: Handling Documentation
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Iowa Civil Rights Commission Complaint - Initial Determination
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What's Really Going on When You Receive an Iowa Civil Rights Commission Complaint?
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A New Form of Authorization: Complying with Confidentiality for Substance Use Disorder Patients
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Employee Management Lessons From The Runway
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What Crawled Out from Under That Rock- Negligent References and Reporting Issues
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Special termination and reporting considerations for healthcare providers
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Call Me Ishmael The Unending Quest for Perfect Employee Documentation
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Can they Resign? Privacy Issues for Iowa Public Employers
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Can They Resign? Issues in Termination Discussions
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38 Davis Brown attorneys listed in The Best Lawyers in America© 2018
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Twenty-Seven Davis Brown Attorneys Named to 2017 Great Plains Super Lawyers and Rising Stars Lists
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Try Not to be so Friendly: Current Issues in Interviews and Advertising
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Who Reads the Instructions Anyway? The Role of Job Descriptions in Limiting Liability
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Fourteen Davis Brown Attorneys among Best in Region in 2017 Chambers USA Rankings
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Iowa Gun Legislation & Its Impact on Government Health Care Facilities
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A Wild Ride - Reviewing the 2017 Iowa Legislative Session for Employers
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Jo Ellen Whitney and Kelsey Crosse Attend Employers' Counsel Network Conference
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Jo Ellen Whitney Presents at Central Iowa SHRM Conference
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NOTICE: Voluntary Disability Self-identification Form Updated
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The Quest for a Workable Employee Evaluation: The Saga Continues
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Davis Brown Employment Law Attorneys Lead FMLA Master Class
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32 Davis Brown attorneys listed in The Best Lawyers in America© 2017
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FORMS, FORMS AND HEY, YET MORE FORMS! What to do when employee data doesn't match
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Sixteen Davis Brown Attorneys Named to 2016 Great Plains Super Lawyers List
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Hacked and Left Holding the Bag - Cyber Liability Issues
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Exempt or Not Exempt - That is the $47,476 Question
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Kelsey Crosse and Jo Ellen Whitney speak at Iowa SHRM Conference
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Judith "Lynn" Boes and Jo Ellen Whitney selected for Drake University Law School Health Law Advisory Board
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Senior Shareholder Jo Ellen Whitney Presents Day-Long Seminar to Mercy Health Network Leaders
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Four Davis Brown Attorneys Named "Lawyer of the Year" and 35 listed in The Best Lawyers in America© 2016
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Eighteen Davis Brown Attorneys Named Great Plains Super Lawyers 2015
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16 Davis Brown Attorneys Among Best in the 2015 Chambers USA Rankings
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Get Me A Whistle! Refereeing Family Visitation under the New Rules
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Davis Brown attorneys lead FMLA Master Class
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It's Not What You Say, It's How You Say It: The NLRB and Employee Manuals
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Davis Brown Premier Sponsor of Leadership Education and Advancement Pipeline (LEAP)
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Drug Testing: Dot Every "i" and Cross Every "T"
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Health Law Blog: Infectious? Please, Just Go Home!
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Jo Ellen Whitney to Present and Moderate Panel at Iowa HIMSS Chapter Meeting
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Employment Law Blog: Pregnancy Discrimination & The Accommodation Debate
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Employment Law Blog: Employee Identity Theft - Responses and Obligations
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Employment Law Blog: Why Do I Need a Business Associate Agreement? Ensuring Your Business is HIPAA and HITECH Compliant
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Employment Law Blog: Minimum Necessary and the Breach Standard
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Employment Law Blog: OCR Announces the Results from it's Pilot Audit and it's Plans For Next Year
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Employment Law Blog: HIPAA Impaired Providers and the ER - What Happens When Your Employee Becomes Your Patient?
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Employment Law Blog: The NLRB Weighs in Again on Civility - Civility Loses
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Employment Law Blog: Severance Agreements - Clarity and Simplicity Are Best
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Employment Law Blog: To Reference or Not to Reference? - That is Almost Always the Question
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Employment Law Blog: Preferential Hiring Beyond the OFCCP - Goodbye Employment-At-Will
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Jo Ellen Whitney Celebrates 25 Years of Service
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33 Davis Brown attorneys named "Best Lawyers in America"
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Employment Law Blog: The Perils of PTO (or too much alliteration)
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Employment Law Blog - Lucky 13 - The Office of Civil Rights Enters into its 13th Corrective Action Plan
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Employment Law Blog: Settle One, File Another - The EEOC Enforces GINA
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Employment Law Blog: Regzilla Stomps Another One! - Idaho State University and the Compliance Gap Analysis
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Employment Law Blog: The Price of Generosity - PTO Donation Policies
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Employment Law Blog: My Pregnant Girlfriend's Mother Needs a Ride to the Doctor. Is That FMLA?
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Employment Law Blog: NLRB who? Why do I care if I don't have a union?
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Webinar - Regzilla: The New HIPAA Mega Rule
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Jo Ellen Whitney to present webinar on "Regzilla" - the new HIPAA mega rule
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Employment Law: Don't Mess with Mama-The DOL Issues Guidance on FMLA for Adult Children
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Health Law: HIPAA Omnibus Regulation - I Want to Comply but What Exactly is Compromised Information?
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Health Law: Family Feud Redux - The Release of Information to Family Members - HIPAA 164.510(B) & the New Standard
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Health Care Reform Blog: Who is a Business Associate and Why Do We Care?
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Health Law: OCR Has Been Busy - New Rules and Ability to Release Information in an Emergency
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Employment Law Blog: Keep These Resolutions...or Else!
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Employment Law Blog: FMLA and Holiday Absences
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Employment Law Blog: Eggnog, Hangovers, & the Employee Christmas...I Mean Holiday Party
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Health Law Blog: Gossip, Rumor or Whistle Blowing - The Court of Appeals Decides
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Employment Law Blog: Witches, Warlocks....and Santa? Religious Accommodations During the Holiday Season
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Employment Law Blog: The Perils and Pitfalls of Drug Testing in Iowa
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Employment Law Blog: Harrassment in the Workplace: The Three Take-Aways
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Employment Law Blog: HIPAA and the Evolution of Portable Devices
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Employment Law Blog: As they say on Project Runway - Make it Work (for you): The Intersection of Work Comp and the Family and Medical Leave Act
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Employment Law Blog: ONC Releases First Web-based Security Training Game
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Health Care Reform Blog: ONC Releases Web-based Privacy and Security Training Game
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Six Davis Brown Attorneys Named "Lawyer of the Year" by Best Lawyers®
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Employment Law Blog: Iowa Wage Hour Law - The Three Take-Aways
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Employment Law Blog: Substance Abuse Testing in Iowa - The Three Take-Aways
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Three Davis Brown Attorneys to Present at 2012 FMLA Master Class for Iowa Employers: Overcoming Compliance and Employee Leave Challenges
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Employment Law Blog: It's 10:00 p.m. - Do You Know Where Your Employees Are?
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The Joyful Event of Pregnancy Leave & FMLA - The Three Take-Aways
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Breastfeeding: Private Action & Public Rights
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32 Davis Brown Attorneys Selected for The Best Lawyers in America® 2013
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What Do I Want You to Remember About the FMLA? Oh Let Me Count the Ways...
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Jo Ellen Whitney Receives AV Preeminent Rating
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ADAAA - The Three Take-Aways
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Mark Twain Was Right - Training is Everything
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PTO - A MINE, MINE, MINE
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Every Termination Starts with a New Hire
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Exempt or Non-Exempt
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Welcome to the Davis Brown Employment and Labor Law Blog
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FCC Proposes Bandwidth for Wireless Medical Monitoring
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Mismatched Socks Won't Get You Sued
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Updates on Recent EEOC Guidance on Criminal Background Checks
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SHRM Special Report on EEOC Criminal Background Check Guidance
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HIPAA/HiTECH - Changes on the Way for Covered Providers
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The Davis Brown Law Firm Congratulates Jo Ellen Whitney for 20 Years of Service
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Jo Ellen Whitney honored with the Governor's Volunteer Award