Dennis M.
McClelland
100 South Ashley Drive, Suite 1900
Tampa , FL 33602-5311
Direct: (813) 472-7865
Fax: (813) 472-7570
e-mail: dennis.mcclelland@phelps.com
Dennis is a partner in the firm's regional labor and employment practice group in the Tampa office. His practice focuses on representing employers in almost all aspects of labor and employment law. Dennis represents employers in civil court litigation, arbitrations, and administrative proceedings regarding claims involving employment discrimination laws, wage and hour laws, family and medical leave laws, union-management relations, employee benefits, and various employment-related torts. Dennis regularly represents employers in prosecuting and defending cases involving alleged breaches of non-competition agreements, misappropriation of trade secrets claims, and employment or business-related tort claims. Additionally, Dennis routinely counsels and assists employers regarding compliance with various applicable federal, state, and local labor and employment laws, including the preparation and/or review of employment contracts, severance agreements, and employee handbooks and policies. Dennis has represented a broad range of employers in the financial services, retail, hospitality, health care, transportation, and manufacturing industries. Dennis currently serves on the firm's Operations Committee.
- University of Florida, J.D., with high honors, 1996; Board Member, Florida Law Review; Order of the Coif
- Florida State University, B.S. in Political Science, summa cum laude, 1993; Honors & Scholars Program
- Board Certified as a Specialist in Labor and Employment Law by The Florida Bar
- Admitted to Practice: United States Court of Appeals for the Eleventh Circuit; United States District Court for the Middle, Northern and Southern Districts of Florida; and all state courts in Florida
- Member: American Bar Association, Section of Labor and Employment Law, Equal Employment Opportunity and the Federal Labor Standards Legislation Committees; Florida Bar, Labor and Employment Law Section
- Board of Directors, Hillsborough County Bar Association (2003-04)
- President, Hillsborough County Bar Association Young Lawyers Division (2003-04)
- Board of Directors, Hillsborough County Bar Foundation (2005-06)
- Leadership Tampa, Greater Tampa Chamber of Commerce (2006)
- Board of Directors, Chamber of Commerce for Persons with Disabilities, Inc. (2007-)
- Board of Directors, Big Brothers Big Sisters of Tampa Bay, Inc. (2005-)
- "AV" rating by the Martindale-Hubbell Law Directory, which is the highest possible rating for legal ability and ethical standards
- Named in The Best Lawyers in America® in the area of Labor and Employment Law
- Recognized by Florida Trend magazine as a part of the "Florida Legal Elite," a select group comprised of only the top two percent of lawyers practicing in Florida
- Named a Florida Super Lawyer in 2006 and 2007 (in the area of Labor and Employment Law), an honor received by 5% of Florida lawyers
- Outstanding Young Lawyer Award, Hillsborough County Bar Association (2005)
- Special Recognition Award (for pro bono service to the courts) given by the Chief Judge of the Thirteenth Judicial Circuit (1997)
- Senior Editor, The Fair Labor Standards Act Cumulative Supplement, ABA Section of Labor and Employment Law and BNA Books (2003-07)
- Senior Editor, Wage and Hour Law: A State-by-State Survey, 2007 Cumulative Supplement, ABA Section of Labor and Employment Law and BNA Books (2007)
- Chapter Author, Wage and Hour Law: A State-by-State Survey, ABA Section of Labor and Employment Law and BNA Books (2004)
- Contributing Editor, The Fair Labor Standards Act Cumulative Supplement, ABA Section of Labor and Employment Law and BNA Books (2001 and 2002)
- Contributing Author, 2002 Midwinter Meeting Report of the Subcommittee on the Family and Medical Leave Act, ABA Labor and Employment Law Section (2002)
- Contributing Author, 2001 Midwinter Meeting Report of the Subcommittee on the Family and Medical Leave Act, ABA Labor and Employment Law Section (2001)
- Author, "Wage and Hour Law: When are Commission-Paid Salespersons Exempt from Overtime Pay?" Lawyer, Hillsborough County Bar Association (December 1999/January 2000)
- Speaker, "Minimizing the Administrative Headaches That Accompany Intermittent and Reduced Schedule Leave," Florida FMLA Update 2005, Council on Education Management, Tampa, Florida (2005)
- Speaker, "Minimizing the Administrative Headaches That Accompany Intermittent and Reduced Schedule Leave," Florida FMLA Update 2004, Council on Education Management, Tampa, Florida (January 2004)
- Speaker, Current Issues in Employment and Labor Law: An Update For Legal Counsel and Staff in Florida, Lorman Education Services, Orlando, Florida (January 2004)
- Panel Speaker, Crossing the Pond: What Every Foreign Corporation Doing Business in the U.S. Needs to Know About U.S. Employment Law, American Bar Association Annual Meeting, New York, New York (July 2000)
- Speaker, "Overtime/Fair Labor Standards Act," Avoiding Lawsuits in the Workplace, Florida Chamber of Commerce, Tampa, Florida (November 2000)
- Speaker, "Job Interviews/Cross-Examination at Trial," Avoiding Lawsuits in the Workplace - Advanced Topics, Florida Chamber of Commerce, Orlando and Miami, Florida (June 1999)
- Speaker, "Overtime/Fair Labor Standards Act," Avoiding Lawsuits in the Workplace, Florida Chamber of Commerce, Boca Raton and Tampa, Florida (May 1999)
- Representation of numerous employers in the retail, manufacturing, and financial services industries (including securities brokerage firms, mortgage brokerage firms, and proprietary trading firms) in litigation cases or government investigations involving alleged violations of the minimum wage and overtime provisions of the Fair Labor Standards Acts, including numerous large-scale cases or investigations involving hundreds and/or thousands of putative class members.
- Representation of securities brokerage firm in collective action for unpaid overtime pay brought under the Fair Labor Standards Act in a Florida federal court in which plaintiff's motion for conditional class certification was denied (putative class involved over 1,000 employees).
- Representation of health care staffing firm in collective action brought for unpaid overtime under the Fair Labor Standards Act by six plaintiffs in a Maryland federal court in which plaintiff's motion to compel nation-wide discovery and for issuance of notice to putative class members was denied (putative class included approximately 2,000 employees).
- Representation of financial services firm in age discrimination class action brought by 14 former employees in Florida state court under the Florida Civil Rights Act of 1992 in which class certification was denied (putative class involved over 1,200 employees).
- Representation of numerous employers in various different industries in single plaintiff employment discrimination lawsuits brought in state and federal courts under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with Disabilities Act, and/or the Age Discrimination in Employment Act (and/or equivalent state employment discrimination laws) through summary judgment and/or jury trials.
- Representation of pharmaceutical company in ERISA action involving the denial of severance benefits in which summary judgment was granted in favor of the employer.
- Representation of world-wide package delivery company in a hybrid section 301 action under the Labor Management Relations Act in which summary judgment was granted in favor of the employer.
- Representation of package transportation company in numerous multi-day labor arbitrations involving claims of unjust discharge under the company-union collective bargaining agreement in which grievances were denied and discharges were upheld.
- Representation of numerous employers in various industries, including in the retail, financial services, manufacturing, health care, and hospitality industries, in obtaining temporary restraining orders and temporary and permanent injunctions against former employees for violating non-competition agreements and/or misappropriating trade secrets.