Overview

About John

John Dudrey is Of Counsel in the firm’s Labor and Employment group. His practice focuses on assisting clients with complex labor and employment matters, with an emphasis on wage and hour compliance, general advice and counsel work, and representation of employers with unionized workforces. John combines his knowledge of the law with practical business sense to help clients identify and achieve real-world solutions.

Prior to joining Stoel Rives, John was an associate at Barran Liebman LLP (2008–2012), head law clerk at the U.S. Attorney’s Office for the District of Oregon (2007–2008) and a summer clerk at Williams Fredrickson, LLC (2006).

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Experience

Experience

John is an experienced attorney with expertise in all aspects of labor and employment law, with a special emphasis in traditional labor matters and advice and counseling. Significant case experience includes the following:

Traditional Labor Matters

  • Represented international client that manufactures and retails its own products in a union organizing campaign. Among other tasks, conducted numerous trainings with managers on compliance with the National Labor Relations Act (NLRA), advised management on retention of outside labor consultants and overall persuasion strategy, and represented the client in two unfair labor practice charges that were dismissed by the National Labor Relations Board (NLRB). The organizing campaign concluded without an election petition having been filed.
  • Represented regional health care provider in numerous unfair labor practice proceedings before the NLRB, obtaining either dismissals or favorable settlements in each instance.
  • Represented national health care provider in numerous grievances filed by labor unions representing the provider’s employees alleging violations of the applicable collective bargaining agreements.
  • Represented large utility in unit-clarification proceeding in which affected employees were ruled to be outside the bargaining unit.
  • Represented manufacturing employer in unfair labor practice charge alleging that employer terminated employee because of union-organizing activity. Persuaded NLRB not to pursue charges or to seek 10(j) injunction in federal court.
  • Represented international manufacturing employer in months-long organizing campaign that resulted in two-dozen separate unfair labor practice charges. Persuaded NLRB not to pursue the majority of the charges and negotiated favorable resolution regarding the remaining charges. Union subsequently withdrew its election petition.

Employment Advice and Counseling

  • Advised national service station on a substantial update to its meal period, rest period, and timekeeping rules for the States of Oregon and Washington. Our work required a deep understanding of Oregon and Washington law on these topics, as well as a practical understanding of the client’s day-to-day operations.
  • Represented numerous medical practices on Oregon and Washington’s respective requirements that health care workers be fully vaccinated against COVID-19 unless the worker is entitled to a reasonable accommodation on the basis of disability or religion.
  • Represented independent hospital in creating template employment agreements for its employed physicians. In addition to understanding the client’s operations, the project required intimate knowledge of state and federal law regarding such topics as wage and hour, equal pay, and the enforceability of restrictive covenants, as well as health care regulatory compliance issues.

Wage and Hour Litigation and Compliance Assistance

  • Represented national retail client in a putative class action. Prevailed on motion that prevented plaintiff from pursuing a class action for penalty wages under Oregon law, then negotiated a favorable settlement with plaintiff individually.
  • Represented large manufacturing employer in state class action based on alleged off-the-clock work and missed meal periods. Negotiated a favorable settlement for the client.
  • Represented well-known local restaurant chain in federal class and collective action based on allegation that restaurant did not pay overtime wages required under Oregon and federal law. Negotiated a favorable settlement for the client.
  • Represented large health care provider in federal class and collective action based on allegation that employees were not properly compensated for working time. Negotiated favorable settlement for the client.
  • Represented public sector client adverse to the Oregon Bureau of Labor and Industries (BOLI) in one of the largest prevailing-wage investigations in state history. Negotiated a favorable settlement that did not require payment of liquidated damages.
  • Represented employer in complex employment tax audit conducted by Oregon Employment Department regarding whether individuals providing software-related services were properly classified as independent contractors. Negotiated favorable resolution for client.

Employment Discrimination Litigation and Compliance Investigations

  • Represented national tool manufacturer in a federal case in which employee alleged violations of state and federal family and medical leave laws. Prevailed on summary judgment.
  • Represented international manufacturing client; prevailed on summary judgment motion dismissing six of seven claims for relief, then negotiated favorable settlement for client on remaining claim.
  • Obtained no-cause findings in numerous administrative charges before BOLI and the Equal Employment Opportunity Commission (EEOC).

Unfair Competition Litigation

  • Represented software development company in obtaining a temporary restraining order and subsequent stipulated injunction that precluded a former employee from working for competitor in violation of his non-competition agreement.
  • Prevailed at arbitration on behalf of individual defendant who argued that his non-competition agreement with his former employer was unenforceable.
  • Represented defendants in state court litigation in which large financial institution alleged that former employees violated non-solicitation and other restrictive covenants. Negotiated favorable settlement following partial summary judgment victory.
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Honors

Honors & Activities

  • Included in Best Lawyers: Ones to Watch in America (Labor and Employment Law – Management, Litigation – Labor and Employment), 2021–2022
  • Listed among Rising Stars (Employment Litigation: Defense), Oregon Super Lawyers®, 2013–2018
  • Board member, Donate Life Northwest, 2021
  • Member, Oregon State Bar, Civil Rights Section Executive Committee
  • Member, Multnomah Bar Association
  • Member, American Bar Association
  • Instructor, Portland State University Professional Development Center, Employee & Labor Relations Course, Spring/Summer 2011
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Insights & Presentations

Insights & Presentations

  • Employers Must Consider Whether Temporary Impairments Are Disabilities” (co-author), Portland Business Journal, June 2022
  • “Labor Law Update,” SHRM/Stoel Rives 20th Annual Labor and Employment Law Conference, March 2022
  • “The ETS Is Dead (Mostly): Now What?” Stoel Rives LLP webinar, January 2022
  • “Humana FLSA Case Shows Risks Of Nurse Misclassification,” Law360, November 2021
  • “Mental Health in the 2021 Workplace,” Stoel Rives LLP webinar, September 2021
  • 2 Things for Manufacturers to Keep in Mind About Mental Health Issues in the Workplace” (co-author), Portland Business Journal, November 2021
  • “NLRB Changes and What They Mean for You,” Stoel Rives LLP webinar, July 2021
  • Mask or Vaccine: What Employers Can (and Cannot) Ask,” Oregon Business & Industry webinar, May 2021
  • “The Latest and Greatest in Oregon Employment Law,” Stoel Rives LLP webinar, April 2021
  • “OSHA Workplace Safety: Understanding and Mitigating Risk,” SHRM/Stoel Rives 19th Annual Labor and Employment Law Conference, March 2021
  • “Webinar—Back-to-Work from Home,” Stoel Rives LLP, December 2020
  • “Webinar—Oregon COVID-Related OSHA Rules Update,” Stoel Rives LLP, November 2020
  • “Taming the Covid Chaos Part 7: Union Management Issues,” Stoel Rives LLP webinar, May 2020
  • “Paid Leave Developments,” SHRM/Stoel Rives 18th Annual Labor and Employment Law Conference, February 2020
  • “Breakout Session: Advanced ADA,” SHRM/Stoel Rives 17th Annual Labor and Employment Law Conference, February 2019
  • “What workers and businesses should know about the Oregon DHS background check process” (co-author), Portland Business Journal, November 2018
  • “Lightning Round: Stay Anchored With Top 10 Practical Tips,” SHRM/Stoel Rives 16th Annual Labor and Employment Law Conference, February 2018
  • “Exploring the Rough Waters of Wage and Hour Issues,” SHRM/Stoel Rives 16th Annual Labor and Employment Law Conference, February 2018
  • “Labor and Employment Breakfast Briefing: Oregon Legislative Update,” Stoel Rives LLP, October 2017
  • Trump NLRB Shakes Up the Labor World in Striking Down Numerous Obama Board Decisions” (co-author), Stoel Rives World of Employment blog, December 2017
  • Department of Labor Seeks Input on New Rules for White Collar Exemptions” (co-author), Stoel Rives World of Employment blog, August 2017
  • OSHA Rescinds Rule on Union Reps Participating in Safety Walk-Throughs,” Stoel Rives World of Employment blog, May 2017
  • Breaking: Court Rules Against Double Overtime for Oregon Manufacturing Employers” (co-author), Stoel Rives World of Employment blog, March 2017
  • “Issues Facing Employers with a Primarily ‘Graying’ Workforce and a Primarily ‘Millennial’ Workforce,” SHRM/Stoel Rives 15th Annual Labor and Employment Law Conference, March 2017
  • “Wage and Hour Update (Focus on New Oregon Paycheck Law and Check-in on DOL Exempt Status Rules),” SHRM/Stoel Rives 15th Annual Labor and Employment Law Conference, March 2017
  • “Wage and Hour: A Course in Legal Diagnostics,” Stoel Rives Breakfast Seminar, June 8, 2016
  • “Significant Wage and Hour Pitfalls,” SHRM/Stoel Rives 14th Annual Labor and Employment Law Conference, March 2016
  • The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified” Under the ADA” (co-author), Stoel Rives World of Employment blog, July 2015
  • NLRB Final Rule: “Quickie” Elections are Now Reality” (co-author), Stoel Rives World of Employment blog, December 2014
  • “Wage and Hour Basics,” SHRM Rogue Valley Chapter May Legal Seminar, May 15, 2014
  • “Litigation 101: What Every HR Professional Should Know,” SHRM/Stoel Rives 12th Annual Labor and Employment Law Conference, March 2014
  • “ORS 652.150: Tips to Address and Resolve Loopholes in the Statute’s 12-Day Safe Harbor Provision,” The Verdict, OADC, 2014
  • “Supreme Court Holds ‘Donning and Doffing’ Protective Equipment Qualifies as ‘Changing Clothes,’” The Verdict, OADC, 2014
  • “OFCCP Compliance Update,” SHRM/Stoel Rives 11th Annual Labor and Employment Law Conference, February 2013
  • Court of Appeals Interprets Definition of “Independent Contractor” Under ORS 670.600,” Stoel Rives World of Employment blog, December 2012
  • Oregon Court of Appeals Upholds Wrongful Discharge Claim By Whistleblowing Prison Guard,” Stoel Rives World of Employment blog, November 2012
  • “Assessing a Disparate Impact Claim After Ricci v. De Stafano,” OSB Civil Rights Newsletter, December 2011
  • “Avoid a $20M Class Action Lawsuit,” Daily Journal of Commerce, October 2011
  • “Changes Coming for Enforcing Arbitration Agreements in Employment,” Cascade Business News, September 2011
  • “Case Provides Lessons for Employers,” Daily Journal of Commerce, July 2011
  • “Oregon’s Final Pay Check Law: Steps to Avoid Easy Mistakes,” Daily Journal of Commerce, October 2010
  • “Damage Control: Two Proposals to Limit the Reach and Effect of Oregon’s Wrongful Discharge Tort,” Lewis & Clark Law Review, 2008



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