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Jennifer K. McCarty

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Jenni McCarty helps employers in the financial services, health care, hospitality, manufacturing, and technology industries navigate matters involving labor and employment laws and defends them in disputes in federal and state courts.

Featured Videos


HR Floodgate: Navigating the Tsunami of Recent Employment Law Changes May 7, 2024
Best Practices for AI Governance and Policies April 17, 2024
AI in Employment Law: What In-House Counsel Need to Know August 29, 2023

Professional Biography


Jenni McCarty is a shareholder in Baker Donelson's Charleston office and vice chair of the Firm's Labor & Employment Group. Clients rely on her for guidance and counsel that is informed by her more than 20 years of experience in handling a wide variety of matters concerning labor and employment laws.

Jenni keeps her finger on the pulse of what matters most to her clients including developments in artificial intelligence (AI), employment related legislation, and industry related events. She advises employers on best practices for hiring, background checks, employee classification, performance management, leave issues, internal investigations, wage and hour compliance, workforce reductions, and other workplace issues. She regularly assists clients with drafting employee handbooks, employment policies, separation agreements, and non-competition agreements, and conducts trainings for their supervisors, management teams, and human resources departments.

As an experienced litigator, Jenni defends businesses against allegations of discrimination, harassment, and retaliation tied to whistleblowing, race, gender, sexual orientation, national origin, age, disability, and veteran status, as well as allegations of wrongful termination; breach of contract; wage and hour violations; and violation of noncompete, nonsolicitation, and nondisclosure agreements. She has defended numerous employers in collective and class action lawsuits involving alleged violations of the Fair Labor Standards Act (FLSA) and local wage and hour laws.

  • Served as primary counsel in South Carolina for large international bank on numerous employment matters involving allegations of wrongful termination, discrimination, harassment, and retaliation for whistleblower activities.

  • Defended high-profile multi-plaintiff litigation involving tort and contract issues for large international bank.

  • Member – Leadership South Carolina, Class of 2022
  • Member – South Carolina Bar, Employment and Labor Law Section, Chair (2022 – present), Chair-elect (2021 – 2022), Council (2017 – present)
  • Member – YWCA of Greater Charleston Board of Directors (2017 – present), Vice Chair (2021 – 2023), Secretary (2019 – 2021)
  • Member – Children's Museum of the Lowcountry, Parent Advisory Council (2016 – 2018)
  • Recognized in Columbia Business Monthly's Legal Elite in Labor (2023)
  • Selected to South Carolina Rising Stars (2012 – 2015)
  • Listed as one of Charleston Regional Business Journal's "40 Under 40" (2013)
  • "AI and Employment Law: What HR Professionals Need to Know," TN SHRM Conference (August 2024)
  • Guest – "Artificial Intelligence in the U.S. Workplace," Employment Matters – Employment Law Alliance Podcast (September 2023)
  • "Employment Law in the United States: A Year in Review," Employment Law Alliance (January 2021)
  • "Leading Virtual Teams Effectively," South Carolina Biotechnology Innovation Organization (SCBIO) Life Sciences Boot Camp (September 2020)

Education

  • Vanderbilt University School of Law, J.D., 2000
    • Managing Editor – Vanderbilt Law Review
  • Southern Methodist University, B.A., 1997, magna cum laude

Admissions

  • South Carolina, 2007
  • Georgia, 2000

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