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    Dennis McClelland photograph

    Dennis M. McClelland

    Partner

    Tampa
    813-472-7865
    dennis.mcclelland@phelps.com
    Areas Of Focus
    Labor and EmploymentEmployment LitigationLabor Relations

    Dennis is a solution-oriented Board Certified Labor and Employment Lawyer, with over 27 years of experience representing companies and executives. He regularly provides strategic consulting and compliance advice for single and multi-state employers, including on employment policies and practices, reductions-in-force, unionization and union-management relations, employment agreements, severance agreements, restrictive covenants, and trade secret protection. Dennis handles litigation involving labor and employment statutes, restrictive covenants, trade secrets, and employment-related torts in state and federal courts, in arbitration, and before government agencies. He and his team handle all types of cases, from single plaintiff to large, multi-state and national class/collective actions. He represents businesses across several industries, from startups to Fortune 500 companies. He also serves as a mediator for complex labor and employment cases.  

    Dennis regularly lectures on labor and employment law topics and has been a contributing editor for numerous legal treatises published by the American Bar Association and Bloomberg BNA, including the Fair Labor Standards Act, Wage and Hour Law: A State-by-State Survey, and Workplace Data. He has served on the board of editors for the Fair Labor Standards Act treatise for over 20 years, including five years as an editor-in-chief. Dennis served as the president of the Academy of Florida Management Attorneys, as a co-chair of the Federal Labor Standards Legislation Committee and FLSA Subcommittee of the ABA Labor & Employment Law Section, and is a fellow of the College of Labor and Employment Lawyers.

    Dennis currently serves as the managing partner of the firm's Tampa office.

    Dennis currently serves as the managing partner of the firm's Tampa office.

    Experience

    Wage and Hour

    • Lead counsel in numerous FLSA individual and collective actions involving issues of coverage, independent contractor/employee status, off-the-clock work, compensatory time, exemption misclassification, and overtime rate computation. Matters have involved companies in numerous industries, including financial services (securities brokerage, trading, tax preparation, mortgage loan), retail (grocery, furniture), real estate, petroleum, health care (staffing, home health), call center, service, and hospitality (restaurants, valet, cruise).
    • Lead counsel in numerous collective action cases involving allegations that call center employees were not properly compensated under federal and/or state law for certain pre- and post-shift activities.
    • Lead counsel in numerous cases for companies in the hospitality industry involving the application of the tip credit rule.
    • Lead counsel for national furniture company in FLSA collective action challenging the application of the Section 7(i) exemption to the company’s sales associates; putative class included hundreds of sales associates.
    • Lead counsel for petroleum company in FLSA collective action in which assistant managers challenged application of the fluctuating workweek method of computing overtime compensation; putative class included hundreds of assistant managers.

    Non-Competition and Trade Secrets

    • Lead counsel for tax preparation company with respect to its efforts to enforce restrictive covenants in employment agreements throughout the United States, including managing a team that handles demands, TRO and preliminary injunction proceedings, and trials.
    • Lead counsel for employers and executives in matters involving enforcement of non-competition, non-solicitation, and other restrictive covenant provisions; alleged misappropriation of trade secrets; and/or alleged breaches of fiduciary duty.
    • Representation of financial services firm in action enforcing non-competition agreement and protecting trade secrets through preliminary injunction phase and damages trial.
    • Representation of technology company in enforcing unsigned non- competition agreement through application of the doctrine of reformation.

    Employment Discrimination

    • Lead counsel in hundreds of cases involving EEOC/EEO charges and/or single-plaintiff actions in court, before ALJs, and/or in arbitration throughout the United States.
    • Representation of financial services firm in age discrimination class action brought by 14 former employees in Florida state court under the Florida Civil Rights Act of 1992 (putative class included hundreds of employees).

    Traditional Labor

    • Served as the lead regional labor counsel in Florida, Alabama, Mississippi, and Texas for a world-wide company package delivery company, leading a team that handled labor arbitrations and unfair labor practice charges.
    • Representation of national rental car company with RC petition and organizing campaign, including a two-day hearing over the composition of the unit, an appeal to the NLRB, and the union campaign through the election.
    • Representation of regional energy company with DC (decertification) petition and election campaign.
    • Lead counsel for package delivery company in hybrid Section 301 action brought in federal district court in Louisiana through summary judgment proceedings and appeal to the U.S. Court of Appeals for the Fifth Circuit.

    ERISA

    • Representation of pharmaceutical company in ERISA action involving the denial of severance benefits.
    • Representation of petroleum company in action to recoup overpayments made to employee from employee retirement plan.

    Non-Competition and Trade Secrets

    • Lead counsel for tax preparation company with respect to its efforts to enforce restrictive covenants in employment agreements throughout the United States, including managing a team that handles demands, TRO and preliminary injunction proceedings, and trials.
    • Lead counsel for employers and executives in matters involving enforcement of non-competition, non-solicitation, and other restrictive covenant provisions; alleged misappropriation of trade secrets; and/or alleged breaches of fiduciary duty.
    • Representation of financial services firm in action enforcing non-competition agreement and protecting trade secrets through preliminary injunction phase and damages trial.
    • Representation of technology company in enforcing unsigned non- competition agreement through application of the doctrine of reformation.

    Employment Discrimination

    • Lead counsel in hundreds of cases involving EEOC/EEO charges and/or single-plaintiff actions in court, before ALJs, and/or in arbitration throughout the United States.
    • Representation of financial services firm in age discrimination class action brought by 14 former employees in Florida state court under the Florida Civil Rights Act of 1992 (putative class included hundreds of employees).

    Traditional Labor

    • Served as the lead regional labor counsel in Florida, Alabama, Mississippi, and Texas for a world-wide company package delivery company, leading a team that handled labor arbitrations and unfair labor practice charges.
    • Representation of national rental car company with RC petition and organizing campaign, including a two-day hearing over the composition of the unit, an appeal to the NLRB, and the union campaign through the election.
    • Representation of regional energy company with DC (decertification) petition and election campaign.
    • Lead counsel for package delivery company in hybrid Section 301 action brought in federal district court in Louisiana through summary judgment proceedings and appeal to the U.S. Court of Appeals for the Fifth Circuit.

    ERISA

    • Representation of pharmaceutical company in ERISA action involving the denial of severance benefits.
    • Representation of petroleum company in action to recoup overpayments made to employee from employee retirement plan.

    Insights

    • June 26, 2025

      Phelps Attorneys in Florida Recognized by Super Lawyers in 2025 …

    • June 5, 2025

      Phelps’ Chambers USA Rankings Expand to 78 Lawyers, 28 Practices in 2025 Guide…

    More +
    • September 27, 2024

      Phelps Partner Dennis M. McClelland Recognized by Lexology Index’s Who’s Who Legal…

    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    • June 24, 2024

      Super Lawyers Recognizes 13 Phelps Florida Lawyers on 2024 Lists…

    • June 6, 2024

      Chambers USA Guide 2024 Ranks 24 Phelps Practice Areas and 69 Lawyers…

    • April 18, 2024

      The Florida Bar Presents Wage and Hour Update…

    • February 15, 2024

      ABA Presents Who is Exempt Under Section 1 of the FAA?…

    • October 27, 2023

      Dennis McClelland Recognized for Service as AFMA President …

    • August 17, 2023

      Best Lawyers in America Selects 208 Phelps Lawyers, Names 12 "Lawyer of the Year," Adds 47 to "Ones to Watch" List…

    • June 26, 2023

      14 Phelps Lawyers Named to 2023 Florida Super Lawyers Lists…

    • June 1, 2023

      Chambers USA 2023 Ranks 20 Phelps Practice Areas and 60 Lawyers…

    • February 15, 2023

      2023 Federal Labor Standards Legislation Committee Midwinter Meeting…

    • August 18, 2022

      Best Lawyers in America Selects 158 Phelps Lawyers, Names 10 "Lawyer of the Year," Adds 40 to "Ones to Watch" List…

    • June 28, 2022

      Five Phelps Lawyers Honored as Florida Trend’s 2022 Florida Legal Elite…

    • June 24, 2022

      Florida’s 2022 Super Lawyers and Rising Stars Recognizes 17 Phelps Attorneys …

    • June 1, 2022

      Chambers USA 2022 Ranks 19 Phelps Practice Areas and 56 Lawyers…

    • February 16, 2022

      2022 Federal Labor Standards Legislation Committee Midwinter Meeting…

    • June 28, 2021

      Seven Phelps Lawyers Make 2021 Florida Legal Elite, John Phillips Joins Hall of Fame…

    • June 24, 2021

      16 Phelps Attorneys Make Florida’s 2021 Super Lawyers and Rising Stars Lists…

    • May 20, 2021

      Chambers USA 2021 Ranks 18 Phelps Practice Areas and 52 Lawyers…

    • August 20, 2020

      127 Phelps Lawyers Selected to Best Lawyers in America, 16 Named "Lawyer of the Year" and 37 Chosen for First Class of "Ones to Watch"…

    • August 15, 2018

      Best Lawyers in America© 2019 Selects 7 Phelps Dunbar Lawyers as "Lawyer of the Year"…

    Recognition

    • Fellow, College of Labor and Employment Lawyers
    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Labor and Employment, Chambers USA: America’s Leading Lawyers for Business
    • Labor and Employment Star, Benchmark Litigation
    • Thought Leaders - Labour & Employment; Global Leader - Labour & Employment, Pensions & Benefits; National - Florida Labour & Employment, Who's Who Legal (2020, 2024-2025)
    • Employment Law Management (2011-2025), Labor Law - Management (2011-2025), Labor Law - Union (2021-2025), Litigation - Labor and Employment (2015-2025), "Lawyer of the Year" Employment Law - Management (2017, 2019, 2023), The Best Lawyers in America
    • Florida Super Lawyers list, Super Lawyers (2006-2022, 2024-2025)
    • Legal Elite, Florida Trend Magazine (2013, 2015-2016, 2020-2022)
    • The International Who’s Who of Management Labor and Employment Lawyers (2013)
    • Outstanding Young Lawyer Award, Hillsborough County Bar Association (2005)
    • Chief Judge of the Thirteenth Judicial Circuit's Special Recognition Award for pro bono service to the courts (1997)
    • Fellow, College of Labor and Employment Lawyers
    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Labor and Employment, Chambers USA: America’s Leading Lawyers for Business
    • Labor and Employment Star, Benchmark Litigation
    • Thought Leaders - Labour & Employment; Global Leader - Labour & Employment, Pensions & Benefits; National - Florida Labour & Employment, Who's Who Legal (2020, 2024-2025)
    • Employment Law Management (2011-2025), Labor Law - Management (2011-2025), Labor Law - Union (2021-2025), Litigation - Labor and Employment (2015-2025), "Lawyer of the Year" Employment Law - Management (2017, 2019, 2023), The Best Lawyers in America
    • Florida Super Lawyers list, Super Lawyers (2006-2022, 2024-2025)
    • Legal Elite, Florida Trend Magazine (2013, 2015-2016, 2020-2022)
    • The International Who’s Who of Management Labor and Employment Lawyers (2013)
    • Outstanding Young Lawyer Award, Hillsborough County Bar Association (2005)
    • Chief Judge of the Thirteenth Judicial Circuit's Special Recognition Award for pro bono service to the courts (1997)

    Education

    • University of Florida, Levin College of Law, J.D., with high honors, Order of the Coif, 1996
    • Florida State University, B.S., Political Science, summa cum laude, 1993
    • University of Florida, Levin College of Law, J.D., with high honors, Order of the Coif, 1996
    • Florida State University, B.S., Political Science, summa cum laude, 1993

    Credentials

    • Florida
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. District Court, Northern District of Florida
    • U.S. District Court, Middle District of Florida
    • U.S. District Court, Southern District of Florida
    • U.S. District Court, District of Colorado
    • U.S. District Court, Central District of Illinois
    • Florida
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. District Court, Northern District of Florida
    • U.S. District Court, Middle District of Florida
    • U.S. District Court, Southern District of Florida
    • U.S. District Court, District of Colorado
    • U.S. District Court, Central District of Illinois

    Memberships and Affiliations

    • American Bar Association, Section of Labor and Employment Law, FLSA Subcommittee – Co-Chair (2009-2012), Federal Labor Standards Legislation Committee - Co-Chair (2014-2016)
    • Wage and Hour Defense Institute – Litigation Counsel of America Charter Member (2009-present)
    • Academy of Florida Management Attorneys - President (2022-2023), Past Wage and Hour Law Committee Co-Chair
    • State Bar of Florida, Labor and Employment Law Section, Board Certified Labor and Employment Lawyer (2004-present)
    • Hillsborough County Bar Association - Board of Directors (2003-2004), Young Lawyers Division President (2003-2004)
    • Hillsborough County Bar Foundation - Board of Directors (2005-2006)
    • Greater Tampa Chamber of Commerce, Leadership Tampa (2006)
    • American Bar Association, Section of Labor and Employment Law, FLSA Subcommittee – Co-Chair (2009-2012), Federal Labor Standards Legislation Committee - Co-Chair (2014-2016)
    • Wage and Hour Defense Institute – Litigation Counsel of America Charter Member (2009-present)
    • Academy of Florida Management Attorneys - President (2022-2023), Past Wage and Hour Law Committee Co-Chair
    • State Bar of Florida, Labor and Employment Law Section, Board Certified Labor and Employment Lawyer (2004-present)
    • Hillsborough County Bar Association - Board of Directors (2003-2004), Young Lawyers Division President (2003-2004)
    • Hillsborough County Bar Foundation - Board of Directors (2005-2006)
    • Greater Tampa Chamber of Commerce, Leadership Tampa (2006)
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

    Related Services

    • Labor and Employment
    • Employment Litigation
    • Labor Relations
    • Wage and Hour
    • Litigation
    • Unfair Competition and Business Torts
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