Erica N. Reib - O'Neil Cannon

Erica leads O’Neil Cannon’s Labor and Employment Practice Group. She has represented businesses in state and federal courts, administrative agencies such as the ERD, EEOC, DOL, OSHA, and the NLRB, and arbitrations and mediations on matters including employment discrimination, wage and hour, and restrictive covenants. Erica assists clients with drafting, enforcing, and defending employment agreements, restrictive covenants, and employee handbooks. She provides clients with day-to-day advice, counseling, and training on labor and employment matters and supports our corporate team with the labor and employment aspects of transactions.

Representative Client Work

Successfully defended clients in discrimination complaints in the Equal Rights Division and EEOC
Successfully defended clients in wage matters in front of the Equal Rights Division
Successfully defended a manufacturer in an OSHA Section 11(c) retaliation case
Successfully negotiated resolutions to a class and collective wage and hour cases filed in federal court under the FLSA and Wisconsin wage and hour laws
Successful negotiated resolutions to DOL wage and hour investigations
Represented a manufacturing client negotiations of its collective bargaining agreement
Represented numerous clients with the labor and employment aspects of purchase and sale of businesses, including in the healthcare, manufacturing, and business services industries, including employment agreements, independent contractor agreements, non-compete agreements, and non-disclosure agreements

Prior Experience

Associate Attorney. Received reversal and remand on behalf of clients from the Seventh Circuit Court of Appeals in Hansen v. Fincantieri Marine Group, LLC, et al., No.13-3391 (7th Cir., Aug. 18, 2014) and Greengrass v. International Monetary Systems Ltd., No. 13-2901 (7th Cir., Jan. 12, 2015)
Legal Extern, United States Equal Employment Opportunity Commission, Mediation Division, 2011
Legal Extern, Wisconsin Department of Justice, Environmental Protection Unit, 2009

Professional Associations and Affiliations

Member, State Bar of Wisconsin
Member, and Labor & Employment Law Section Co-Chair, Milwaukee Bar Association Board Member and Vice President, State Bar of Wisconsin, Labor & Employment Section
Member, Co-Chair of the Labor & Employment Law Discussion Group, Association for Women Lawyers
Member, Milwaukee Young Lawyers Association
Member, Eastern District of Wisconsin Bar Association
Member, American Bar Association

Court Admissions

State Bar of Wisconsin
Eastern District of Wisconsin
Western District of Wisconsin
Seventh Circuit Court of Appeals
Northern District of Illinois

Awards/Distinctions

Selected for inclusion in 2024 Power 30 Employment Lawyers, Wisconsin Law Journal
Selected for inclusion in 2013–2023 Wisconsin Super Lawyers Rising Stars, Law & Politics and Milwaukee Magazine
Selected for inclusion on The Best Lawyers in America: Ones to Watch list, 2021–2024
U.S. Army War College, Certificate of Leader Development, 2018
Joseph E. O’Neill Prize for Student Writing, 2011
Martin J. Greenberg Award, 2011
Joseph E. Tierney, Jr. Award, 2011
Editor-in-Chief, Marquette Sports Law Review, 2010–2011
CALI Award, Employee Benefits, 2010
CALI Award, Professional Sports Law, 2010
CALI Award, Amateur Sports Law Workshop, 2010
Posner Pro Bono Society
Sports Law Certificate, National Sports Law Institute

Presentations

Transcending Union/Nonunion Relationships, NLRB Update – Perspectives on New Labor Regulations 2024, State Bar of Wisconsin
Students for Fair Admissions, Inc. v. Harvard: The Current State of the Use of Race in College Admissions, State Bar of Wisconsin Annual Constitutional Law Symposium, 2023
L&E: 2022 Wrap Up and Looking Toward 2023
Quick Shot: Vaccination Guidance for Employers & Employees, 2021
Trending Legal Issues for Hotel Employers, 2021
COVID Vaccination Related Guidance for Marquette Volunteer Legal Clinics, 2021
Employment in the Time of Coronavirus: Commons Questions and Concerns, 2020
COVID-19: What Employer Need to Know About the Families First Coronavirus Response Act, 2020
Emergency Paid Sick Leave Act, 2020
Employment Law: Recent Developments, Trends, and What’s Next, 2020
You Think That’s Reasonable?!: Reasonable Accommodations Under the ADA and WFEA, 2019
Protecting Employers’ Confidential Information and Trade Secrets, 2019
Are Your Independent Contractors Really Employees? And How Much Will That Cost You?, 2019
Sexual Harassment Claims and Misconduct in Era of #MeToo, 2018

Articles/Publications

Co-Author, “COVID-10 Vaccination Mandates: What Now?,” Wisconsin Lawyer, 2022
Co-Author, “Solutions: COVID-19 and Employment Related Claims,” Wisconsin Lawyer, 2021
Co-Author, “The New Wave of Litigation: An Early Report on COVID-19 Claims,” Wisconsin Lawyer, 2020
Co-Author, “Education on Unpaid Internships for the In-House Counsel,” InsideCounsel Magazine, 2015
Co-Author, “Paying Employees Correctly Under the FLSA with Preliminary and Postliminary Activities,” InsideCounsel Magazine, 2015
Co-Author, “A Primer for Inside Counsel on Donning & Doffing Under the FLSA,” InsideCounsel Magazine, 2015
Co-Author, “Unpacking the Surprisingly Tricky ‘Regular Rate’ in Overtime Calculation,” InsideCounsel Magazine, 2015
Co-Author, “A Primer for Inside Counsel on Meeting FLSA Overtime Exemption Tests,” InsideCounsel Magazine, 2015
Co-Author, “Independent Contractors–Avoiding Misclassification Under the FLSA,” InsideCounsel Magazine, 2015
“Ante Up or Fold: What Should Be Done About Gambling in College Sports?,” 21 Marq. Sports L.R. 621, 2011

Community Involvement

Marquette Volunteer Legal Clinic, 2009–Present
Milwaukee Christian Center, Board Member
Marquette Volunteer Legal Clinic
Audio & Braille Literacy Enhancement, Inc., Board Member, Vice President & Legal Committee Chair
Centro Legal, Cetro LeGala Planning Committee
Professional Dimensions

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