Jo Ellen Whitney
“A brilliant mind and problem solver,”
-Chambers USA, Reference Feedback
Jo Ellen is adopt 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