Nyemaster Goode, P.C.
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Mary E. Funk

Mary E. Funk is a shareholder in our Litigation Department, handling almost exclusively employment and labor matters. She litigates on behalf of management in state and federal courts, administrative agencies and before arbitrators concerning employment contract disputes; sexual harassment; race, sex, age, national origin and disability discrimination; wrongful termination; Family and Medical Leave Act; Fair Labor Standards Act; non-compete agreements; and unemployment. In addition to litigating cases, Mary proactively counsels clients on issues such as hiring and firing, drug testing and policies, harassment and discrimination investigations, employment policies, wage and hour issues, employee leave issues, and company handbooks. She also negotiates collectively bargained contracts and drafts corporate documents related to employment such as contracts, non-compete agreements, policies and procedures, company handbooks, and settlement agreements and releases.

Mary is a native of Mt. Pleasant, Iowa, and a 1995 graduate with distinction of the University of Iowa College of Law. During law school, Mary served as a Note and Comment Editor for the Iowa Law Review. She earned her Bachelor of Arts degree from Drake University, graduating magna cum laude, in 1992.

Recognition

The Best Lawyers in America®, 2018


    Best Lawyers Award Badge

Martindale-Hubbell, AVĀ® Preeminent

Chambers USA, 2006-2017

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Great Plains Super Lawyers, Employment & Labor Law, 2009-2017

 

Note and Comment Editor, Iowa Law Review, 1994-1995

Professional and Community Affiliations

American Bar Association

Iowa Bar Association
Employment Section, former Co-Chair of annual Employment Section Seminar
Young Lawyers Division, Law Related Education Committee, 1999-2001; State Fair Committee, 1997-1999

Polk County Bar Association

Iowa Defense Counsel

Illinois Bar Association

Central Iowa Chapter, SHRM

Iowa Society of Healthcare Attorneys

American Health Lawyers Association

Faith Lutheran Church, Clive, Iowa
Personnel Committee Chairman
Call Committee
Discernment Committee
Child Educator

P.E.O., Chapter OQ, Officer

Pi Beta Phi Alumnae Club

Judge, American National Collegiate Mock Trial

Judge, Iowa High School Mock Trial Tournament and Iowa College of Law Trial Advocacy Competition

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Education

Drake University (B.A., magna cum laude, 1992)

University of Iowa (J.D., with distinction, 1995)

Bar Admissions

Illinois, 1995

Iowa, 1996

Admitted to practice in all state and federal courts in Iowa, the Central and Northern Districts of Illinois, and the Seventh and Eighth Circuit Courts of Appeals.

Significant Cases

In the Arbitration of Des Moines Electrical Apprenticeship Training and Trust Fund v. Dessauer, AAA Case. No. 01-16-0003-0977 (December 7, 2016). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.

Rodriguez v. Wellmark, Inc., et al., Case No. 4:15-cv-126 (S.D. Iowa 2016). Court granted Defendants’ motion for summary judgment on counts alleging race and disability harassment and discrimination under the Iowa Civil Rights Act, and retaliation under the Family & Medical Leave Act.

Massey-Diez v. University of Iowa Community Medical Services, Inc., Case No. 15-2924 (8th Cir. 2016). The Eighth Circuit Court of Appeals affirmed summary judgment for the employer on the plaintiff’s FMLA entitlement and discrimination/retaliation claims.

Bell v. Wellmark Blue Cross Blue Shield of Iowa, Case No. 4:14-cv-00487-HCA (S.D. Iowa 2015). Court granted Defendant’s motion for summary judgment on counts alleging age and race discrimination under both state and federal statutes.

Massey-Diez v. University of Iowa Community Medical Services, Inc., Case No. 3:14-cv-00049 (S.D. Iowa 2015). Court granted Defendant’s motion for summary judgment on two counts alleging Family and Medical Leave Act violations (interference and discrimination) and one count alleging a failure to pay wages pursuant to the Fair Labor Standards Act.

In the Arbitration of Iowa Electrical Apprenticeship Training and Trust Fund v. Rob Hugen, AAA Case. No. 58 170 E 128 13 (August 29, 2013). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.

In the Arbitration of Iowa Electrical Apprenticeship Training and Trust Fund v. Tom Holden, AAA Case. No. 58 170 E 00170 12 (January 25, 2013). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.

Vails v. United Community Health Center, et al., C11-4048-LTS (N.D. Iowa 2012). Court granted Defendants’ motion for partial summary judgment on four of five counts (wrongful termination in violation of public policy, tortuous interference with employment contract, fraud and promissory estoppel), leaving only one count of breach of the employment contract for trial.

In the Arbitration of Iowa Electrical Apprenticeship Training and Trust Fund v. Kori Kaiser, AAA Case No. 58 170 E 00081 12 (August 28, 2012). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.

UFCW, Local 271, on behalf of Larry Wells v. Plumrose U.S.A., Inc., FMCS No. 10-03229-8 (2010). Arbitrator decided in favor of the employer in a discharge arbitration for fighting in the workplace; claimed defenses of provocation from alleged harasser and retaliation for reporting harassment without merit.

UFCW, Local 271, on behalf of Raul Guerrero v. Plumrose U.S.A., Inc., FMCS No. 10-01135-8 (2010). Arbitrator decided in favor of the employer in a suspension arbitration for violation of the company’s safety policies and procedures.

UFCW, Local 271, on behalf of Ryan Hammitt v. Plumrose U.S.A., Inc., FMCS No. 09-03078 (2010). Arbitrator decided in favor of the employer in a discharge arbitration for violation of the company’s attendance policy.

UFCW, Local 271, on behalf of Richard Gomez v. Plumrose U.S.A., Inc., FMCS No. 070424-02715-8 (2008). Received an employer/defense verdict in a contract interpretation and discharge arbitration.

Antunez v. The HON Co., No. 3:06-cv-00010-CRW (S.D.Iowa 2007). Defense verdict in jury trial on claim of race and national origin discrimination and retaliation (Iowa Civil Rights Act, Title VII and Section 1981).

Hildebrant v. Lear Corp., No. 3:03-cv-80099 (S.D.Iowa 2006). Filed for summary judgment on claims of sexual harassment and retaliation. Plaintiff did not resist the motion and, instead, voluntarily dismissed her case with prejudice.

Lorance v. HON Indus., No. 3-04-cv-90002 (S.D.Iowa 2005). Plaintiff decided not to pursue her claim and dismissed her case with prejudice.

Wigans v. HON Indus., No. 3:04-cv-70084 (S.D.Iowa 2005). Plaintiff dismissed his case with prejudice.

Hornung v. Burke Mktg. Corp., Inc., No. 4:03-CV-10604 (S.D.Iowa 2005). Summary judgment granted in favor of the defendant on sexual harassment and retaliation claims.

Sereda v. Burlington N. Santa Fe R.R. Co., No. 4:03-cv-10431 (S.D.Iowa 2005). Summary judgment granted in favor of defendant on wrongful termination of employment claim.

Cline v. The Hon Co., No. LACV014615 (Iowa Dist. Ct. 2004). Defense verdict in jury trial on claim of retaliation for participation in sexual harassment investigation and breach of handbook.

Speeches and Publications

#METOO.  Epidemic or Wake-up Call?  Where Do We Go from Here?  (January – April 2018).

Drug & Alcohol Testing Training  (as required by Iowa Code 730.3, both initial two-hour training and one-hour annual training) (February - March 2018).

Train the Trainer Series:  Me Too or NOT Me?  Stopping Harassment at Work (February 2018).

Stopping Harassment by Third Parties (January 2018)

When Employees Can’t Return to Work – The Intersection of the FMLA and ADA (October 2017).

Leave Me Alone: Handling Intermittent Abuse and Post-FMLA Accommodation (September 2017).

It’s A Matter of Respect – Diversity in the Workplace (February- March 2017).

How to Handle Growing Workplace Violence Concerns (March 2017).

Getting Your House in Order: Conducting an HR Audit (March 2017).

Ready or Not, Here They Come: The New Standards for White Collar Exemptions (July 2016).

Employment Law: Dealing with Common FMLA Problems (June 2016).

Evaluating, Disciplining & Firing Employees (April, July 2016).

Elections, Profanity and Threats, Oh My! An NLRB Update (January, March 2016).

Bringing Up Baby: An Increase in Pregnancy Issues at Work (February 2016).

From Applications to Interviews: What Managers Need to Know about Hiring (December 2015).

PERB and the Public Employee/Employer Relationship (December 2015).

Unlocking the Mysteries of Workplace Investigations (August 2014).

Staying Union Free and Why It Matters (June 2013).

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