John defends those who create jobs.ย Employers look to John to keep legal issues from adding unnecessary costs, distraction, or inefficiency to their workplaces.
Johnโs work focuses upon (1) helping employers avoid litigation; (2) keeping the workplace union-free; (3) managing existing union relationships; (4) prevailing if litigation is unavoidable; andย (5) protecting employers from unfair competition from former employees.
John brings a pragmatic eye to an employerโs objectives in order to take the most direct, cost-effective route to achieving them. For example:
John and his wife, Melissa, have four adult daughters. Johnโs favorite diversion is commuting to work on his motorcycle.
Assisted clients in defeating over 65 union organizing campaigns.
Assisted clients in winning decertification and deauthorization NLRB elections.
Defended employers in NLRB proceedings involving unfair labor practice charges, Section 10(j) injunction, and NLRB election objections.
Defended employer in LMRA ยง 301 lawsuit to enforce collective bargaining agreement.
Negotiated collective bargaining agreement limiting the employerโs contribution to the cost of employee health insurance to a fixed amount over five years.
Obtained preliminary injunctions and prepared strike preparation plans in response to union strikes and threatened strikes.
Partners with in-house counsel, HR and other managers to position personnel decision to avoid litigation, agency actions, and union organizing.
Provides clients with cell phone, home phone, as well as office access to assist management with personnel decisions in real time.
Has a track record of successfully guiding employers through the investigation and remedy of โHe said/She saidโ sexual harassment allegations without litigation from either the โvictimโ or the โaccused.โ
Offersย 30 years of experience successfully training supervisors and managers on how to maintain positive employee relations and lawfully avoid unions at worksites from New Hampshire to Florida and Maryland to California, for manufacturing, distribution, and health care employers and U.S., European, and Asian owned enterprises.
Provides custom-tailored, interactive training for supervisors, managers, and employees on: โYou Just Canโt Do That Here!โ (sexual and other unlawful harassment training); โHow To Stay Out of Trouble and Out of Courtโ (employment litigation avoidance training); and, โWhat To Do When Workers Canโt/Wonโt Workโ (FMLA, ADA, and Workersโ Comp Retaliation risk avoidance training).
Obtained jury verdict for employer in multiple plaintiff discrimination and retaliation challenge to a reduction in force based upon the employerโs subjective assessment of employeesโ performance.
Avoided collective (class) action certification in wage and hour legal challenge to clientโs nationwide classification of employees as โexemptโ from overtime pay.
Obtained jury verdicts in state court lawsuits alleging breach of implied employment contract and promissory estoppel.
Obtained preliminary injunction enforcing world-wide covenant not to compete against computer software salesperson.
Obtained Directed Verdict in action alleging employer retaliated against plaintiff for testifying in sex discrimination litigation.
Obtained summary judgments in statutory discrimination and wrongful discharge lawsuits.
Used e-mail and other electronic discovery evidence to obtain summary judgment dismissing claims of wage and hour law violations and breach of express and implied employment contracts.
Obtained enforcement in Kentucky state court of individual employee arbitration agreements.
Obtained private arbitration award dismissing employeeโs claim of workersโ compensation retaliation.
University of Kentucky College of Law, J.D.,ย with distinction, 1981
Order of the Coif
Kentucky Law Journal, member of Staff
Indiana University, B.A., 1978
Law Clerk, United States District Court for the Western District of Kentucky, 1981-1982
United States Supreme Court
United States Fourth Circuit Court of Appeals
United States Sixth Circuit Court of Appeals
U.S. District Court Southern District of Indiana
U.S. District Court for the Eastern and Western Districts of Kentucky
Chambers USA, Labor & Employment, 2004-2023
Named one of the โTop 100 Labor Attorneysโ in the U.S. by the Labor Relations Institute
The Best Lawyers in Americaยฎ: Employment Law โ Management, 2011-2024, โLawyer of the Year,โ 2017; Labor Law โ Management, 2011-2024, “Lawyer of the Year,” 2018, 2024
AVยฎ Rated,ย Martindale-Hubbellยฎ
Selected for inclusion inย Kentucky Super Lawyersยฎ, 2007-2024
Member and former Chair, Labor Lawyers Advisory Committee, CUE: An Organization for Positive Employee Relations
Associated General Contractors of Kentucky (AGC), Kentucky Construction Industry Award for Excellence by an Associate Member, 1997
Kentucky Bar Association
American Bar Association
Louisville Bar Association
Kentucky Bar Association, Past Service on Judicial Evaluation Committee
American Bar Association, Labor & Employment Law Section
American Employment Law Council, Charter Member
Labor Lawyer Advisory Committee, CUE:ย An Organization for Positive Employee Relations
ABC Attorneys Council (Associated Builders & Contractors)
College of Labor and Employment Lawyers, Fellow
“NLRB Kicks Workplace Civility, Consistent Treatment, and EEO Laws to the Curb,” Co-author,ย Employee Benefit Plan Review, May 2023
September 1, 2023 | Publications
The NLRB will force more employers to bargain with unions based upon signed union cards rather than ...
August 11, 2023 | Publications
On August 2, the National Labor Relations Board (NLRB or โBoardโ) issued its long anticipated de...
June 20, 2023 | Publications
In a highly anticipated, but not surprising, decision issued on June 13, 2023, the National Labor Re...
June 5, 2023 | Publications
On May 30, the National Labor Relations Boardโs (NLRB) General Counsel, Jennifer Abruzzo, issued M...
May 15, 2023 | Publications
This article was republished in the Employee Benefit Plan Review. Are union supporters and others co...
March 23, 2023 | Publications
As predicted in our February, 24ย advisory, the General Counsel of the National Labor Relations Boar...
February 24, 2023 | Publications
Non-disparagement and confidentiality clauses are standard language in most severance agreements. Wh...
September 21, 2022 | Publications
During the Labor Day week, the National Labor Relations Board (โNLRBโ or โBoardโ) announced ...
May 3, 2022 | Publications
The National Labor Relations Board (NLRB) is seekingย injunctionsย against Starbucks Coffee Company....
April 12, 2022 | Publications
Union organizing petitions have increased 57% since October 2021. Amazon and Starbucks recently suff...
May 27, 2019 | Blogs
Savvy buyers must be on the lookout for โsurpriseโ labor and employment law risks that can excee...
January 10, 2017 | Publications
On Monday, January 8, 2017, Kentucky became a “Right-to-Work” state. What does this mean...
November 23, 2016 | Publications
The Sixth Circuit Court of Appeals ruled on November 18, 2016, that the National Labor Relations Act...
June 28, 2016 | Publications
The U.S. Department of Labor’s new “Persuader Rule,” designed to hinder employers&...
December 19, 2007 | Publications
General Instructions Begin investigation within 24 hours of the report of sexual harassment. Complet...
December 19, 2007 | Publications
What is an employer to do when a worker is no longer physically or mentally able to work? A wr...