Overview
Susan focuses her practice on management-side employment law and serves as co-chair of Constangy’s Digital Workplace and Data Privacy Practice Group. Susan concentrates on counseling and litigation prevention for technology, transportation, healthcare, and retail companies. She handles a wide range of employment matters in federal and state courts across Missouri and Illinois, as well as successfully representing employers in mediation, arbitration, and administrative matters before the EEOC, MCHR, and IDHR.
Susan enjoys assisting employers in proactively addressing employee issues through policy development, audits, and training. She frequently publishes, presents, and provides training to human resources, trade, and employer groups on a variety of employment law issues, such as digital workplace challenges, conducting internal investigations, and the gig economy.
In addition, Susan is the creator and host of Constangy’s award-winning podcast, Work and Play, which offers amusing commentary and practical advice on common questions and current legal topics in employment law.
Susan earned her law degree from the University of Michigan, and her undergraduate degrees in journalism and psychology from the University of Missouri.
Honors & Recognitions
- Selected for Greater Missouri Leadership Challenge (2020)
- Selected for Diversity and Inclusion Award, Missouri Lawyers Media (2018)
- Selected as a Rising Star, Missouri & Kansas Super Lawyers® (2012-2020)
- Up & Coming Lawyer and Law Firm Leader, Missouri Lawyers Weekly (2015)
- Selected for Women in Leadership Program, FOCUS St. Louis Coro™ (2014)
Professional & Civic Associations
- American Bar Association, Litigation Section
- Employment and Labor Relations Committee (2010 – present)
- Chair of E-Discovery and Social Media Issues Subcommittee (2015 – 2019)
- Missouri Bar Association
- Labor and Employment Committee (2010-present)
- Women in the Profession Committee (2010-present)
- Women in eDiscovery, St. Louis Chapter
- AAIM Employers' Association, Member and Panelist (2010-present)
- Human Resource Management Association of Greater St. Louis (HRMA), Member and Panelist (2010-present)
- Alumni Association of the University of Michigan
- Mizzou Alumni Association
- Sacred Selections Adoptions, St. Louis Chapter, Founding Board Member and Committee Chair (2010-present)
Press Room
About Me
Susan is married and the proud Mom of three delightful children. In her scant spare time, she enjoys reading, camping, baking and college football.
News & Analysis
Client Presentations & Firm Publications
- Missouri Enacts Stay-At-Home Order - 4.6.20
- Website Accessibility 101 - 10.15.19
- 7733 Forsyth Blvd. Second Floor, Conference Room A St. Louis, Missouri 63105
- 7733 Forsyth Blvd. Second Floor, Conference Room A St. Louis, Missouri 63105
- 7733 Forsyth Blvd. Second Floor, Conference Room A St. Louis, Missouri 63105
- 7733 Forsyth Blvd. Second Floor, Conference Room A St. Louis, Missouri 63105
- Preventive Medicine - Winter 2017 - 2.14.17
- Class Action Outlook - Winter 2017 - 1.19.17
- Preventive Medicine - Summer 2016 - 8.25.16
- E-discovery and the Duty to Preserve - 6.20.16
- Class Action Outlook - Spring 2016 - 6.9.16
- Preventive Medicine - Spring 2016 - 5.23.16
- Hiring 101 for Retail Employers - 4.22.16
- Class Action Outlook - Winter 2016 - 1.27.16
Speaking Engagements & Industry Publications
- “New COVID-Driven Cyber Risks,” Panelist for ACC Virtual Cybersecurity Summit, March 2021.
- “COVID-19: What Will the ‘New Normal’ Look Like,” Keynote moderator and panelist for SHRM of Greater St. Louis’ Annual Legal Update, February 2021.
- “What Would You Do? Real-Life FMLA, ADA and Workers’ Compensation Scenarios,” Presentation for SHRM of Greater St. Louis’ Annual Legal Update, February 2021.
- “The Price is Wrong: Prize-winning Wage-and-Hour Practices,” Presentation for 2020 SHRM Missouri State Conference, September 2020.
- “Cannabis in the Workplace: A Legal & HR Response,” Presentation for Saint Louis Society of Association Executives, September 2020.
- “Employees May Be Fired for Hate Speech on Social Media,” quoted by SHRM Online, August 2020.
- “What NOT to Do: Lessons from the plaintiff’s bar,” Keynote moderator for SHRM of Greater St. Louis’ Annual Legal Update, February 19, 2020.
- “The Price is Wrong: Update on Wage-and-Hour Issues in 2020,” Presentation for SHRM of Greater St. Louis’ Annual Legal Update, February 19, 2020.
- “Website Accessibility 101,” Tire Review, February 2020.
- “Current Topics in Employment Law," Seminar for SHRM of Southeast Missouri and the Cape Area Personnel Association, November 2019.
- “In Praise of Training: Why you need to spend the time (and money) to train your employees,” Tire Review Magazine, September 2019.
- "Gig Workers: A Boon Or A Legal Bane For Businesses?," HR Insights eNewsletter, September 2019.
- “Difficult Conversations: How to Handle Workplace Conversations About Everything From Poor Performance to Personal Hygiene,” Presentation for SHRM of Greater St. Louis Annual Leadership Conference, October 2019.
- “The Gig Economy and You: Employment Law Implications for the Future of the Workforce,” Presentation for 2019 SHRM Missouri State Conference, August 7, 2019.
- “Workplace hazards: What today’s business leaders and executives need to know,” Panelist for Missouri Lawyers Weekly’s Crisis Management Conference, June 25, 2019.
- “A Look into the Crystal Ball: 2019 Employment and Labor Law Developments for HR Professionals,” Keynote panelist for SHRM of Greater St. Louis’ Annual Legal Update, February 2019.
- “Navigating the Bermuda Triangle of FMLA, ADA, and Worker's Compensation: Intermittent Leave, the Interactive Process, and More,” Presentation for SHRM of Greater St. Louis’ Annual Legal Update, February 2019.
- “Unemployment Benefits: Considerations When Contesting a Claim,” Tire Review, December 2018.
- "Current Topics in Employment Law," Seminar for SHRM of Southeast Missouri, November 2018.
- “Gender Benders: Preventing & Defending Sex-Based Claims in the Workplace,” Presentation for SHRM of Greater St. Louis, October 2018.
- “Can I Ask Them to Sign That? An Introduction to Employment Agreements,” Tire Review, September 2018.
- “Sexting, Security & Social Media: Digital Dilemmas in the Workplace & How to Solve Them,” Presentation for 2018 SHRM Missouri State Conference, August 2018.
- “Sexting, Security and Social Media: Digital Dilemmas in the Workplace and How to Solve Them,” Presentation for HRMA, July 2018.
- “Annual Performance Reviews: Yes or No?,” Tire Review, June 2018.
- "What to Do When the Government Knocks,” Tire Review, May 2018.
- “Employment Law Updates,” Presentation for Human Resources Association of Central Missouri, May 2018.
- “2018 Employment Law Workshop,” Presentation for SHRM of Southeast Missouri and Cape Area Personnel Association Annual EMPOWER Human Resources and Management Conference, April 2018.
- "A Double-Edged Smiley? Emojis in Employment Suits Cut Both Ways," Quoted by Bloomberg Law, April 2018.
- “#MeToo: How to Prevent and Investigate Sexual Harassment At Work,” Tire Review, March 2018.
- "#MeToo and Investigating Sexual Harassment in the Workplace," Winston-Salem Government Affairs, February 2018.
- “HR Misconduct Went Viral. Now What?,” Quoted by Bloomberg Law, February 2018.
- Moderator of keynote panel and presenter for the Human Resource Management Association of Greater St. Louis' Annual Conference Annual Legal Update, February 2018.
- “Six Ways to Keep From Being Sued by Your Employees,” Tire Review, January 2018.
- “Avoiding Employment Lawsuits Over the Holiday Season,” Tire Review, October 2017.
- “Knowing the Laws Protecting Military Service Members,” Tire Review, October 2017.
- "Sexting, Security & Social Media: Digital Dilemmas in the Workplace & How to Solve Them," Presentation for the Human Resource Management Association of Greater St. Louis' Annual Conference, October 2017.
- "Labor and Employment Law Under the Trump Administration: A 2017 Overview for Employers," Presentation for St. Louis International Public Management Association for Human Resources, October 2017.
- "The Ethics of Social Media in Employment Law," Presentation for the Missouri Bar’s Annual Labor and Employment Symposium, October 2017.
- “Employment Law Update,” Presentation at Missouri State SHRM Conference (co-presenter), August 2017.
- “Anatomy of a Lawsuit Not ‘As Seen on TV’,” Tire Review, July 2017.
- “Digital Workplace,” Presentation for the St. Louis Paralegal Association, April 2017.
- “Monitoring Employees,” Tire Review, March 2017.
- “CEOs Should Avoid Overexposure on Social Media,” quoted by Bloomberg BNA, February 2017.
- "Bring Your Own Device (BYOD)" Policies," ConstangyTV: Close-Up on Workplace Law, February 2017.
- “Preventative Healthcare for Your Company,” Tire Review, December 2016.
- “The DOL’s New Rule Regarding Salary Levels for Exempt Employees,” Presentation for St. Louis International Public Management Association for Human Resources, October 2016.
- “The Use of Social Media in Hiring and Firing Decisions,” Roundtable Presentation for Litigation Section of the American Bar Association, October 2016.
- “Bring Your Own Device to Work,” Presentation for the Missouri Bar, October 2016.
- “$47,476 is the New $23,660,” Tire Review, September 2016.
- “The DOL’s Final Rule Regarding Salary Levels for Exempt Employees,” Presentation for the Cape Girardeau Chamber of Commerce’s Business Builders Workshop, September 2016.
- “FMLA: Not a Radio Station,” Tire Review, July 2016.
- “The Patchwork Quilt: Employment Law Essentials for Employers of LGBT Employees,” Presentation for St. Louis International Public Management Association for Human Resources, June 2016.
- "What Employers of LGBT Employees Need to Know," Tire Review, May 2016.
- “Not an LOL Matter: Tips on BYOD, Social Media and Data Security,” AAIM Employers' Association Presentation Series, April 2016.
- “Transgender and Same-Sex Marriage Implications in the Workplace,” Presentation for SHRM of Southeast Missouri and Cape Area Personnel Association Annual EMPOWER Human Resources and Management Conference, April 2016.
- “What to Do When Bill Becomes Sue: Employment Law Essentials for Employers of LGBT Employees,” Presentation for Human Resource Management Association of Greater St. Louis’ (HRMA) Annual Legal Update, February 2016.
- "Problem Employees," Tire Review, February 2016.
- “Managing Workplace Risks Raised by Social Media,” Bloomberg BNA, January 2016.
- "2015 Bring Your Own Device To Work," Presentation for the Missouri Bar, October 2015.
- "The Payday Polka," Tire Review, November 2015.
- "Internal Investigations," Tire Review, October 2015.
- "Walking the Social Media Tightrope," Tire Review, July 2015.
- “What Every Employer Needs to Know About Social Media,” Presentation for the Cape Girardeau Area Chamber of Commerce Social Media & Digital Marketing Seminar, June 2015.
- “Creating a Positive Work Environment,” Presentation for the Missouri Juvenile Justice Association Spring 2015 Educational Conference, May 2015.
- "BYOD: Bring your own device or bring your own disaster?," Presentation for SHRM of Southeast Missouri and Cape Area Personnel Association Annual EMPOWER Human Resources and Management Conference, April 2015.
- "Employee Handbooks," Tire Review, April 2015.
- "Hiring and Firing the Legal and Correct Way," Tire Review, February 2015.
- "Social Media Boot Camp: Social Media Issues Related to Potential and Current Employees," Presentation for the Tennessee Bar Association Law Tech UnConference 2015, February 2015.
- "Defriending Facebook: Social Media Perils and Pitfalls," Presentation for Human Resource Management Association of Greater St. Louis' (HRMA) Annual Legal Update, February 2015.
- View Past Publications/Presentations
Blogs, Videos & Podcasts
Blog Posts
Podcasts
- 2.2.21
Should every employee sign an arbitration agreement? When are non-competition and non-solicitation agreements appropriate? Do you really need to hire an employment lawyer to respond to a charge of discrimination or wage claim? Are annual performance reviews on the way out the door? Join us as we talk through more scenarios where reasonable minds and reasonable companies can differ!
1.5.21What the best progressive discipline plan? Is unlimited PTO a good or a bad idea? What should your handbook cover? Is teleworking great or grim? What’s the best legal TV show of all time? Join us as we talk through scenarios where reasonable minds and reasonable companies can differ!
12.15.20Join us as we count down and recap some of the big developments in 2020, impart some critical public service announcements, and share a few predictions about what 2021 may hold for employers!
12.1.20By a show of hands: Ever sent an email you immediately regretted? Ever seen something at work that you wished you could unsee?
11.17.20Holding the company holiday party in an adult venue – yes or no? How can we serve booze while minimizing risk? What reasonable religious accommodations might be available to an employee under Title VII?
10.30.20On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts or comments cross the line? Is buying voters booze a valid campaign strategy? Join us for a discussion of these burning questions!
10.20.20Is asking about applicant arrests or convictions a good practice? Should you grade an applicant based on his or her hairstyle during the interview? What does the Fair Credit Reporting Act require of employers running a third-party background check?
10.6.20Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating medical marijuana use.
9.22.20Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in the workplace – particularly to a pregnant woman. Spoiler alert: Animal-related comparisons are rarely welcome.
9.8.20COVID-19 forced many companies to quickly jump into the realm of teleworking or to drastically expand existing programs. What policies should employers institute and enforce to discourage off-the-clock work? Do employers need to reimburse remote workers for reasonable business expenses like cell phones and internet? When is teleworking a reasonable accommodation? And how many times should you check that the video is turned off before taking your Zoom meeting into the bathroom?
8.25.20Does size matter? Should your handbook cover underwear and love notes? Does using a random handbook you found online create problems? This episode delves into the good, the bad, and the ugly of employee handbooks.
8.11.20So far in 2020, COVID-19 has forced businesses to do everything from redesigning their facilities to taking the temperature of every employee on a daily basis, and from furloughing the workforce to shutting down the workplace entirely. But where are we now? Listen for a discussion of updated FFCRA regulations, changing CDC and OSHA recommendations, the advisability of mandatory vaccines and employee waivers, and the comic stages of COVID-19.
7.28.20In this podcast, we examine examples from popular TV shows like NCIS, Gilmore Girls, and The Office to find the good, the bad, and the ugly of employment law on TV. Warning: May contain content that is painful to human resources professionals and employment lawyers.
7.14.20What happens if an employee drives the company car to a strip club for lunch? In the age of COVID-19, what privacy concerns does contact tracing raise? What do employers need to think about before implementing an employee monitoring, whether its via GPS chip or video surveillance? This episode delves into the where, when, why, and how of employee tracking and surveillance.
6.30.20Can you discipline or fire an employee because of his or her social media posts? Do employees have a constitutional right to say whatever they want online or at a protest? What blowback might companies face due to negative social media publicity? Join us as we discuss everything from the First Amendment to The Princess Bride.
6.16.20Do you want to get sued by your employees? Probably not. If you’ve ever pondered what steps you can take to reduce your company’s legal exposure, then this episode is for you. Join us as we discuss six practical tips that you can put into effect immediately at your company. You will thank us later!
6.2.20Game show fans everywhere will love “Work & Play,” the newest Fair Labor Standards Act game show to hit the air! We laugh, we answer common questions related to exempt and non-exempt employees, and we reminisce about ‘80s music. What’s not to love? Join our *imaginary* live studio audience and learn how you can ask Cherie to sing on the podcast!
5.19.20How should you handle the Mouthy Blogger? What’s the best approach for Body Odor Bobby? How do you keep up with all of Sensitive Sally’s complaints? Dedicated to our friends in human resources, this episode talks about some of the difficult personalities and situations that HR professionals may encounter, the potential employment law risks for each, and practical solutions worth exploring.
5.1.20What legalities and logistics do companies need to consider when returning employees to the physical workplace in a post-coronavirus world? Listen in for practical tips about minimizing your company’s potential liability, hypotheticals in the state of Disbelief, advice on COVID-19 testing, and nominations for the best coronavirus meme.
4.28.20What is the Illinois Biometric Information Privacy Act, and what does it mean for employers? And, because we can’t seem avoid discussing COVID-19 right now, practical tips for managing data security (like requiring passwords other than “password” or “Fluffy”) while working remotely.
4.14.20As state, federal, and international laws protecting consumer data multiply, employers need to know about the applicable restrictions and obligations related to employee data. Part 1 of this miniseries will cover the Stored Communications Act and the California Consumer Privacy Act, as well as touching briefly on the European Union’s General Data Protection Regulation.
3.31.20Fact is often stranger than fiction. The last episode covered the logistics of the Family and Medical Leave Act – who, what, when, and how long – while this episode will discuss real cases in which employers faced some challenging (and sometimes funny) situations.
3.27.20What does the Families First Coronavirus Response Act mean to employers? What federal agencies have issued guidance? Are there state- and locale-specific orders in place related to the coronavirus? Finally, what do employers need to know in order to furlough employees, reduce employee hours, or lay off employees?
3.17.20Can an employer take an employee’s temperature at work? Would an employee with coronavirus qualify for leave under the Family and Medical Leave Act? If companies prevent employees from working at the office and require them to work from home, do employers have to pay any employees who are unable to work from home? (Recorded on March 13, 2020.)
3.10.20Navigating the intricacies of the Family and Medical Leave Act can be daunting. Who is an eligible employee and an eligible employer? How long does FMLA leave last? What does intermittent FMLA mean? How can you take steps to ensure that FMLA leave is being used appropriately?
2.20.20The gig economy is the future of the workforce, right? Or is it an old concept with a modern twist? After all, using workers on a “freelance” or “independent contractor” basis is not a new idea. Whether old or new, there are legal traps that businesses should be aware of and precautions they can take to minimize their liability.
Back to Page2.20.20In the #MeToo era, accusations of workplace misconduct must be taken seriously and investigated thoroughly. A good investigation can result in effective resolution of a harassment complaint, winning an unemployment claim, and even a successful defense of a discrimination charge or wrongful termination lawsuit. On the other hand, a bad investigation can have the opposite effect.
2.20.20Our increasingly connected world presents tremendous opportunities for employers as well as considerable confusion and risk. Should you Google a job applicant? Allowing employees to use their own mobile devices for work (BYOD) has its benefits, but how can employers mitigate the risks to company data that it presents? Likewise, what can employers do to curb concerns presented by social media?
- "There's a way to do it better. Find it."
- Thomas A. Edison
Practices
Practice Emphasis
- Digital workplace solutions
- Defense of employment litigation
- Counseling and advising in all areas of employee relations
Industries
Education
University of Michigan Law School
- J.D., 2008
University of Missouri
- B.J., summa cum laude in Journalism, 2005
- B.A., cum laude with honors in Psychology, 2005
Bar & Court Admissions
- Missouri, 2008
- Illinois, 2009
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of Illinois
- U.S. District Court for the Eastern District of Missouri
- U.S. District Court for the Western District of Missouri
- U.S. District Court for the District of Kansas
