Charles E. McClellan

Mr. McClellan provides a full range of employment litigation services for individual lawsuits and large class and collective actions. He handles pre-litigation claims, including internal complaints and external investigations by the KHRC, EEOC, or other government agencies, as well as administrative actions and lawsuits in state and federal court, including appellate advocacy. Mr. McClellan’s experience includes cases involving discrimination, wrongful discharge, retaliation, harassment, breach of contract, wage payment laws, non-competes, and ERISA. He also handles a variety of labor-management disputes, including labor grievances and arbitrations, unfair labor practice charges, lawsuits to compel arbitration, and union-management breach of contract lawsuits.

Outside of litigation, Mr. McClellan regularly counsels clients on a wide range of labor and employment-related matters, such as labor-management relations; employee handbooks; discipline, termination, and reduction-in-force matters; and wage and hour issues. He has extensive experience preparing affirmative action plans for government contractors and advising them on affirmative action compliance. With Mr. McClellan’s assistance, the firm has developed its own proprietary software to prepare AAPs and to comply with regulatory reporting requirements. Mr. McClellan frequently works with clients to respond to OFCCP audits.

Mr. McClellan represents large and small companies, nonprofit organizations, city and county governments, and individuals. His clients operate in a variety of industries, including aircraft and aerospace; industrial manufacturing, production, and repair; and social and medical services. Mr. McClellan is available to provide internal company training on labor, employment, affirmative action, human resources, or other compliance topics, and he is a regular presenter at the firm’s Employment Law Seminar, the Kansas Bar Association’s Annual Update, and other public forums.

Education

• University of Iowa (J.D., 2008)
  With Honors; Order of the Coif; Note Editor, Transnational Law & Contemporary Problems
• University of California, Davis (B.A. in Russian and International Relations, 2001)
  With Honors

Admissions

• Kansas (2008)

• Employment & Labor

• Mental Health Association of South Central Kansas, Board of Directors

• Kansas Bar Association
• Wichita Bar Association

2020

• Recent Awards and Settlements – and What We Can Learn from Them (Foulston Siefkin LLP, Employment Law Institute Webinar Series)
• 2020 Vision: A Look at the Latest (Non-COVID) Employment Law Cases, Issues, and Trends (Foulston Siefkin LLP, Employment Law Institute Webinar Series)

2019

• Pay-Data Collection and Government Contractor Update (Foulston Siefkin LLP, HR Training Series)
• Employment Law Mythbusters (Foulston Siefkin LLP, Kansas Employment Law Institute) 

2018

• Back to the Basics: HR Topics from A-Z that Every HR Professional Should Know (Foulston Siefkin LLP, HR Training Series)
• Five Things You Can Do to Avoid Wage and Hour Law Headaches (Foulston Siefkin LLP, Employment Law Institute)

2014

• Affirmative Action Update: OFCCP’s New Regulations and Recent Enforcement Activity (Foulston Siefkin LLP, Employment Law Seminar)

2010

• Workplace Staffing Issues: Hiring, Evaluating, Disciplining, and Discharging (HR Basics) (Foulston Siefkin, Employment Law Seminar - Wichita)

2015

• OFCCP proposes overhaul of sex-discrimination regulations 
  -Lexology

2014

• Affirmative Action Update - December 2014
  -Lexology

2011

• The sky's not the limit-reining in the Lilly Ledbetter Fair Pay Act
  -Kansas Employment Law Letter

2010

• For Ledbetter or Worse--The Fair Pay Act One Year Later
  -Kansas Employment Law Letter, March
• Legislative forecast for 2010
  -Kansas Employment Law Letter

2008

• Kansas Wage Payment Act: bigger than you think!
  -Kansas Employment Law Letter
• America, Land of (Extraterritorial) Discovery: Section 1782 Discovery for Foreign Litigants
  -Transnat’l L. & Contemp. Probs. 809

2007

• Dialing for Disaster: When Employees Talk on Cell Phones while Driving
  -Kansas Employment Law Letter
• Foreign Debt: Forgiveness and Repudiation
  -University of Iowa Center for International Finance and Development E-Book

2019

• Pay Data Reporting Is Back (For Now)

2015

• NLRB Joint Employer Ruling
• OFCCP Publishes Final Pay Transparency Regulations for Government Contractors

2014

• December 2014 Affirmative Action Update

2012

• Healthcare Providers’ Affirmative Action Obligations Take Center Stage