AA Contact info

Carol Laundon
Phone: 919.838.2044
Fax: 919.821.6800
claundon@smithlaw.com

Practice Areas

Bar & Court Admissions

  • Supreme Court of the United States
  • United States Court of Appeals for the Fourth Circuit
  • United States District Courts for the Eastern, Middle and Western Districts of North Carolina
  • All North Carolina State Courts

Education

University of North Carolina, J.D., with honors, 1991

  • Editorial Board, North Carolina Law Review
  • Order of the Coif

Florida State University, B.S., 1985

Find Professionals
Photo of Kerry A. Shad

Kerry A. Shad

Partner
  • 150 Fayetteville Street, Suite 2300
    Raleigh, North Carolina 27601
  • Phone: 919.821.6672
  • Fax: 919.821.6800

Kerry's practice focuses on representing employers in all types of employment related litigation. Much of Kerry's practice in the last several years has focused on wage and hour investigations and disputes. Kerry was part of the defense team that successfully represented GlaxoSmithKline in a case that went all the way to the United States Supreme Court where the issue was whether pharmaceutical sales representatives are exempt as outside sales people under the FLSA. She also regularly defends employers against EEOC charges and lawsuits involving alleged discrimination, harassment and retaliation.

Kerry has been recognized as a leading employment lawyer by Chambers USA, Best Lawyers, Legal Elite and Super Lawyers.  She is a graduate of Florida State University and received her law degree from UNC Chapel Hill. 

Within the Firm, Kerry serves on a number of leadership committees, including the Compensation and Recruiting Committees, in addition to serving as the Co-Chair of Smith Anderson's Diversity Committee.

Professional & Community Affiliations

  • American Bar Association, Employment and Litigation
  • Defense Research Institute, Employment Law
  • National Association of Women Lawyers
  • North Carolina Bar Association, Employment and Litigation Sections
  • North Carolina Association of Defense Attorneys, Employment and Commercial Litigation
  • Wake County Bar Association

Honors & Awards

  • Triangle Business Journal's "Women in Business Award" (2015)
  • The Best Lawyers in America©, Employment Law - Management, Litigation - Labor & Employment (2009-2017)
  • Business North Carolina's Legal Elite, Employment
  • Chambers USA: America's Leading Business Lawyers,Labor & Employment (2012-2016)
  • Martindale-Hubbell AV Preeminent Rated
  • North Carolina Super Lawyers (2012-2016)

Experience

  • Represented global pharmaceutical company in series of class and collective actions filed in Arizona, California, Florida and New York alleging that the company’s failure to pay its pharmaceutical sales representatives overtime for hours worked in excess of 40 per week violated the FLSA and state law. The Supreme Court of the United States ultimately affirmed the entry of summary judgment for the company in one of the actions, effectively ended the barrage of similar litigation which had been brought against virtually all pharmaceutical companies in the country since 2007
  • Successfully defended wage and hour audits and complaint investigations conducted by the federal and state departments of labor involving donning/doffing in manufacturing plants, overtime, and misclassification issues (in a variety of industries) with exposure well in excess of $1 million
  • Represented publicly-traded company in action brought under the anti-retaliation provisions of the Sarbanes-Oxley Act (“SOX”) by former Internal Auditor who asserted his termination was in retaliation for having reported accounting and reporting irregularities to the company
  • Represented convenience store chain in action filed in federal court in North Carolina by a member of the Sikh religion alleging religious and national origin discrimination in application of dress and grooming standards to screen out applicants
  • Represented global pharmaceutical company in action filed in federal court in Tennessee and the Sixth Circuit Court of Appeals by former manufacturing plant employee alleging race and gender discrimination and harassment and retaliation
  • Represented global pharmaceutical company in federal court action alleging race discrimination by employee in research and development
  • Represented employers to secure (and to defend against) TROs and preliminary/permanent injunctions to enforce confidentiality, non-solicitation and non-competition agreements against former employees, and protect employers’ trade secrets in many industries, including technology, logistics/transportation, health care (physicians/physical therapists), insurance (agents/brokers), construction, and contract research organizations
  • Represented medical group in action filed by former physician-employee alleging that miscalculations of compensation due under an employment contract violated the NCWHA
  • Retained as special counsel by employers in a variety of industries to conduct internal corporate investigations into allegations of:
    • harassment, discrimination and employee misconduct, including allegations of pattern and practice sexual harassment and racial discrimination
    • retaliation against “whistleblowers”
    • misconduct by high-ranking company officials
  • Successfully represented leading employers before the United States Equal Employment Opportunity Commission and state and local fair employment practices commissions across the country in connection with investigations of single claimant and class allegations
  • Retained by employers after EEOC issued cause findings for representation during the conciliation process and risk management of potential liability exposure
  • Developed highly participatory and mock trial training exercise for HR professionals and investigators for large global pharmaceutical company in which they experienced first-hand how their decisions and actions play out in front of a jury. The program was customized to client’s policy and workforce
  • Serving as "in-house" employment litigation counsel to large company managing employment litigation in jurisdictions across the country
  • Represented clients in arbitrations arising out of business sales and alleged violations of non-competition agreements

News

Publications

  • Contributor, Chapter 11, "Sexual Orientation and Gender Identity," Employment Discrimination Law (4th Edition 2007, BNA)
  • Contributor, Chapter 33, "Litigation Procedure," Employment Discrimination Law (3rd Edition 2002 Cumulative Supplement, BNA)

Webinars

Events

  • Co-Presenter, Wage and Hour Update: New Rules, New Interpretations and More, Smith Anderson’s 23rd Annual Employment Law Update, October 2015
  • Panelist, Today's Top Five Employer Mistakes (and Answers to Questions on Your Mind...), Smith Anderson's 23rd Annual Employment Law Update, October 2015
  • Presenter, The Golden Age of Whistleblowing: How Employers Can Recognize and Limit Risk, Smith Anderson’s 22nd Annual Employment Law Update, October and November 2014
  • Presenter, Gender-Based Discrimination in Compensation Claims: Do You Have A Bull's Eye On Your Forehead?, Smith Anderson’s 21st Annual Employment Law Update, November 2013
  • Presenter, Are Your Employees Properly Classified?, Webinar, August 2013
  • Presenter, What is "Work Time" Under the Fair Labor Standards Act?, Webinar, June 2013
  • Presenter, Recent Developments under the FLSA, Smith Anderson’s 20th Annual Employment Law Update, November 2012
  • Presenter, Conducting Internal Investigation: Tips and Pitfalls for Investigating Misconduct in the Workplace, Smith Anderson’s 19th Annual Employment Law Update, November 2011