Frank Harty: Lawyer with Nyemaster Goode, P.C.

Frank Harty

Attorney
Des Moines,  IA  U.S.A.
Phone(515) 283-3170

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Collective Bargaining, Contract Administration, and Labor Arbitration
  • Diversity, Affirmative Action Plan Design, and Development
  • Employment Counseling and Risk Avoidance
  • Employment Litigation
  • OSHA Compliance and Enforcement
  • Trade Secret and Non-Competition
  • Union Avoidance, Organizational Campaigns, and NLRB Proceedings
  • Trade Secrets
  • Administrative Hearings, Arbitrations, and ADR
  • Appellate Practice
  • Business and Commercial Litigation
  • Class Actions
  • ERISA Litigation
  • Health Care Litigation
  • Professional Malpractice
 
University University of Iowa, B.B.A., with honors, 1981
 
Law SchoolDrake University, J.D., 1984
 
Admitted1984, Iowa; All State and Federal Courts in Iowa, the Eighth Circuit Court of Appeals and the United States Supreme Court
 
Memberships 

Professional and Community Affiliations

American Bar Association

Iowa State Bar Association
Chair, Labor and Employment Law Section, 1995-1998
President, Young Lawyers Division, 1994-1995

Polk County Bar Association

Iowa Defense Counsel Association

Iowa Varsity Club

National Institute of Trial Advocacy

National Association of Diocesan Attorneys

Iowa Hospitals and Health Systems Association

President, American Cancer Society, Polk County Division, 1988

Greater Des Moines Leadership Institute, 1993

Board Member, Urban Dreams, 2000-2002

Board Member, Holy Family School Foundation, 2000-2003

Founding Trustee, St. Francis Catholic Parish of West Des Moines, 1996

Building Commission, Roman Catholic Diocese of Des Moines, 1994-2000

Member, Knights of Columbus, 1984-present

Board Member, Dowling Catholic High School Foundation, 2006-present

 
BornDes Moines, Iowa, September 3, 1959
 
Biography

Frank Harty put himself through college and law school by playing football and working. He received a B.B.A. with honors in Industrial Relations from the University of Iowa School of Business. Frank graduated Order of the Coif from Drake University Law School where he was Editor in Chief of the Drake Law Review.

Frank is recognized as a Leading Individual Labor and Employment Lawyer in Iowa by Chambers and Partners and is recognized by The Best Lawyers in America and Great Plains Super Lawyers. Frank is also a fellow of the American College of Labor and Employment Lawyers.

Frank is a fellow of the Iowa Academy of Trial Lawyers and the American Board of Trial Advocates. He has taught trial advocacy and employment law at the Drake University Law School. Frank is Past Chair of the Labor and Employment Law Section of the Iowa State Bar Association.

Recognition

The Best Lawyers in America, 2005-2014

Chambers USA, 2003-2013

Great Plains Super Lawyers, Employment & Labor, 2009-2013

Benchmark Leading Litigation Attorney, 2011

Who's Who Legal USA - Management Labor & Employment Law, 2006-2007

Order of the Coif

Editor in Chief, Drake Law Review, 1983-1984

Associate Editor, American Bar Association Tort and Insurance Law Journal, 1993-1996

Hawkeye Honor Board, 1981

Speeches and Publications

Wage and Hour Laws: A State-by-State Survey, ABA Section of Labor and Employment Law (2010 cumulative supplement) (Chapter Author).

Wage and Hour Laws: A State-by-State Survey, ABA Section of Labor and Employment Law (2008 cumulative supplement) (Chapter Author).

Computer Fraud and Abuse Act: A New Tool for Employers, Iowa Defense Counsel Association Newsletter, Vol. XVII, No. 4 (Fall 2008).

Arbitrating Employment Claims: Watch Out for These Traps, 66 The Iowa Law. 53 (2006).

Sex Discrimination in Iowa, An Analysis and Critique, 44 Drake L. Rev. 261 (1996).

Employment Torts: Emerging Areas of Employer Liability, 39 Drake L. Rev. 1 (1990).

Competition Between Employer and Employee: Drafting and Enforcing Restrictive Covenants in Employment Agreements, 35 Drake L. Rev. 251 (1986).

Expert Testimony Under the Iowa Rules of Evidence, Proffering and Resisting Expert Opinion, 36 Drake L. Rev. 343 (1987).

The Relative Priority of a Landlord's Lien and Article Nine Security Interest, 35 Drake L. Rev. 27 (1986) (Co-Author).

Speeches

Preserving the Privilege, presented ethics speech to in-house legal departments (December 2009).

Computer Fraud and Abuse Act - the Good, the Bad and the Ugly, 2008 e-Commerce Section Seminar, Iowa State Bar Association (December 12, 2008). Click here for the speech handout.

Recent Developments Under the Family and Medical Leave Act, Nyemaster Goode Labor and Employment Practice Group Seminar (June 26, 2008).

Record Retention: Minimizing the Headaches of Electronic Discovery, Iowa Society of Healthcare Attorneys (May 8, 2008). Click here for the speech handout.

Recent Developments Under the Family and Medical Leave Act, Iowa Municipal Finance Officers Association (April 17, 2008). Click here for the speech handout.

Preserving the Attorney-Client Privilege in Corporate Communications: Common Errors, American Corporate Counsel Association (March 20, 2008). Click here for the bibliography.

Professional Experience

Adjunct Professor, Employment Law, Drake University Law School, 1998-1999

Adjunct Professor, Trial Advocacy, Drake University Law School, 1991-1992

Lecturer, Business Law and Personnel Management, Simpson College, 1987

 
Reported CasesSignificant Cases: First chair in over 65 jury trials. Gross v. FBL Fin. Servs., Inc., 557 U.S. __ (2009) . The U.S. Supreme Court held that a plaintiff bringing an age discrimination claim under the ADEA must prove, by a preponderance of the evidence, that age was the but-for cause of the challenged adverse employment action. Ernster v. Luxco, Inc., 596 F.3d 1000 (8th Cir. 2010) . Court of Appeals affirmed entry of judgment on defense verdict after jury trial regarding issue of whether the plaintiff was an employee or independent contractor of the defendant. (Plaintiff alleged age discrimination claims under the ADEA and ICRA). Brubaker et al v. Deere, No. 3:08-cv-00113 (S.D. Iowa Oct. 16, 2009). Assisted defense team in ERISA class action resulting in defense judgment. Salami v. Von Maur, Inc., Case No. 05771 LACL118608 (Iowa Dist. Ct. 2012). Defense verdict on claims of race discrimination and racial harassment. Vander Linden v. Central Iowa Hospital Corporation, Case No. 4:07-cv-189 (S.D. Iowa). Defense verdict in jury trial on issue of alleged age discrimination under the ADEA and ICRA. Doe v. Cent. Iowa Health Sys., 766 N.W.2d 787 (Iowa 2009). Iowa Supreme Court held that expert testimony required where plaintiff had serious pre-existing mental problems. Singh v. Allen Mem'l Hosp ., No. 6:04-cv-2090 (N.D.Iowa Aug. 3, 2006). Defense verdict on claims of national origin and race discrimination. Woods v. Valley W. Oil, No. LACL093064 (Iowa Dist. Ct. June 29, 2005). Successful result in first jury trial in 20 years under the Iowa Civil Rights Act on state claims of gender discrimination. Plaintiff dismissed her case after her cross-examination by Mr. Harty. Cline v. The HON Co ., No. LACV014615 (Iowa Dist. Ct. July 2, 2004). Defense verdict on common law claims of wrongful discharge in violation of public policy, breach of an implied employment contract and unlawful retaliation in violation of the Iowa Civil Rights Act. Allen v. HON Indus., Inc ., No. 00-2017 (Iowa Ct. App. Dec. 28, 2001). The Iowa Court of Appeals upheld lower court's summary judgment in favor of Defendant on claims of breach of employment contract and negligent and/or fraudulent misrepresentation. Matzke v. Mary Greeley Med. Ctr ., No. 99-2042 (Iowa Ct. App. Apr. 11, 2001). The Iowa Court of Appeals entered judgment setting aside the judgment in favor of the Plaintiff and dismissing the Plaintiff's claim of being entitled to a gainsharing bonus under the Iowa Wage Payment Collection Act. Niemeir v. Lear Corp ., No. 3:99-cv-60191 (S.D. Iowa Apr. 26, 2001). Obtained defense verdict and successfully defended employer against hostile environment and retaliation claims by Plaintiff alleging a three-year pattern of abusive conduct. Fasse v. Big-Sur Waterbeds, et al., No. 4:95-cv-30718 (S.D.Iowa May 23, 1997). Successfully defended sexual harassment and retaliation jury trial; resulted in defense verdict. Bush v. Marshalltown Med. & Surgical Ctr ., No. 4:93-cv-80789 (S.D.Iowa Mar. 12, 1996). Successfully defended the first sexual harassment and retaliation jury trial tried in the Southern District of Iowa; resulted in defense verdict. Tenny v. Roman Catholic Diocese of Des Moines, No. 4:94-cv-30102 (S.D.Iowa May 23, 1995). Successfully defended the first Americans with Disabilities Act case involving a plaintiff with AIDS to be decided by the United States District Court for the Southern District of Iowa.
 
ISLN906645305
 

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No. 5 - Trends in Wage and Hour Litigation
Frank Harty, December 19, 2013
As 2014 approaches, we can predict the coming trends in wage and hour litigation. This list of “hot spots” can serve as a shorthand audit checklist to identify potential areas of risk:


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Office Information

Frank Harty

700 Walnut, Suite 1600
Des MoinesIA 50309




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