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
- Confidential Party. Represented an 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.
- Confidential Party. Represented regional health care provider in numerous unfair labor practice proceedings before the National Labor Relations Board (“NLRB”), obtaining either dismissals or favorable settlements in each instance.
- Confidential Party. 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.
- Confidential Party. Represented large utility in unit-clarification proceeding in which affected employees were ruled to be outside the bargaining unit.
- Confidential Party. Represented manufacturing employer in unfair labor practice charge alleging that employer terminated employee because of union-organizing activity. Persuaded National Labor Relations Board (“NLRB”) not to pursue charges or to seek 10(j) injunction in federal court.
- Confidential Party. 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
- Confidential Party. Advised a 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.
- Confidential Parties. 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.
- Confidential Party. Represented an 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
- Confidential Party. Represented a 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.
- Confidential Party. Represented a 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.
- Confidential party. 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.
- Confidential Party. Represented a 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.
- Confidential Party. 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.
- Confidential Party. 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
- Confidential Party. Represented a 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.
- Confidential Party. Representing an 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
- Confidential Party. Represented a 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.
- Confidential Party. Prevailed at arbitration on behalf of individual defendant who argued that his non-competition agreement with his former employer was unenforceable.
- Confidential Party. 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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