Overview

John advises and represents regional, national, and international employers across the spectrum of industries in the full panoply of labor and employment matters. In addition to advising employers on such union-related concerns as organizing campaigns, collective bargaining, and strikes, John also defends employers in representation and unfair labor practice cases before the National Labor Relations Board, handles labor issues in the federal courts, and has tried dozens of labor arbitrations. He also represents employers before federal and state trial and appellate courts in single plaintiff, complex class/collective action employment litigation, and non-compete and trade secret litigation.

Honors & Recognitions

  • Massachusetts Super Lawyers “Rising Star” 2013
  • Boy Scouts of America Eagle Scout Award

Representative Matters

Representative Matters

  • Obtained injunction to restrain four employees from working for a competitor and soliciting their former employer’s employees in violation of restrictive covenants in their employment agreements following a raid of their former employer’s employees.
  • Represented and advised a national media firm in union matters subsequent to spin-off from a telecommunications company.
  • Represented clients in multiple putative class action litigations including: claims under the Fair Labor Standards Act; claims under the Massachusetts Wage Act; claims under the Massachusetts independent contractor law; claims that employees were not paid for meal and rest breaks; claimed violations of the state and federal tip credit statutes; and alleged violations of the Family and Medical Leave Act.
  • Represented a large telecommunications company in obtaining an injunction against a union to restrain unlawful conduct during a strike.
  • Negotiated collective bargaining agreements on behalf of clients in the telecommunications, hospitality, entertainment, construction, and environmental maintenance industries.
  • Represented opera companies in audits by the Massachusetts Division of Unemployment Assistance.
  • Represented employer in enforcing an international non-compete/non-solicitation agreement against its former managing director.
  • Represented Texas state agencies and officials as lead attorney in all phases of litigation in state and federal trial and appellate courts, including complex class action institutional reform, constitutional, and employment litigation.

News & Analysis

Speaking Engagements & Industry Publications

  • "New DOL Guidance on Independent Contractors: Multi-Factor Test for Determining Worker Classification," Webinar for Strafford Publications, Inc., October 18, 2018 
  • “Austin’s Sick Leave Mandate Will Likely Be Shot Down in Court,” Austin Business Journal, June 15, 2018
  • “Austin Legal Limits: Austin’s Paid Sick Leave Ordinance Challenged,” Texas Employment Law Letter, June 2018
  • “FMLA Masterclass,” presented to BLR, February 20, 2018
  • "Litigating Unfair Labor Practice Charges—Charge Receipt and Investigation," BNA Federal Compliance Checklists, August 2017
  • "Litigating Unfair Labor Practice Charges—Arbitration and Settlements," BNA Federal Compliance Checklists, August 2017
  • "Litigating Unfair Labor Practice Charges—Pre-Hearing and Hearing Procedures," BNA Federal Compliance Checklists, August 2017
  • Litigating Unfair Labor Practice Charges—Post-Hearing and Appeals Procedures, BNA Federal Compliance Checklists, August 2017
  • “Texas Employment Law Update,” presented to USAA April 10, 2017
  • “FMLA Masterclass,” presented to BLR March 29, 2017
  • “‘A Day Without …’ How to Legally Manage and Respond to Political Protests, Strikes, and Absenteeism,” presented to Center for Competitive Management March 7, 2017
  • “Elimination of Bias: Recognizing and Adjusting for Bias in the Legal Profession,” presented to Advanced Micro Devices, Inc. February 13, 2017
  • “Austin Legal Limits: What Are Texas Legislators Up To This Year?,” Texas Employment Law Letter, February 2017
  • “Recent NLRB Actions Affect Your Company Whether or Not You Have a Union,” presented June 13, 2012
  • “Successorship and ‘Application of Contract’ Clauses,” Contributing Editor, The Developing Labor Law, 6th ed. 2012
  • “Wage & Hour Collective And Class Litigation,” ALM Law Journal Press, 2012
  • “Retrofitting the National Labor Relations Act for the Social Media World,” Insights, Fall 2011
  • “Workplace Violence,” presented to New England Human Resources Association, November 9, 2010
  • “Avoiding the Legal Pitfalls of Social Media in the Workplace,” presented to CapOneSource CIO Forum, October 20, 2010
  • “Postemployment Benefits: COBRA Continuation, Group Health Continuation under Massachusetts Law, and Unemployment Benefits,” in Drafting Employment Documents In Massachusetts, William B. Koffel ed., 2d ed. 2007
  • “Avoiding Overtime Exposure: Improper Deductions and the Salary Basis Rule,” New England In-House, October 30, 2006
  • “Private Elections, Card Checks – What Does the Future Hold?,” presented at the American Bar Association, Section of Labor and Employment Law Committee on Practice and Procedure under the National Labor Relations Act, 2006, and published in Practice & Procedure Under The NLRA Committee Newsletter, Fall 2006
  • “Illegal Subjects of Bargaining: Specific Subjects” Contributing Editor, The Developing Labor Law, Patrick Hardin & John E. Higgins eds., 5th ed. 2006
  • “Giving Species the Benefit of the Doubt,” 83 B.U. L. REV. 209, 2003
  • “Case Comment: Criminal Complaint Procedure, Commonwealth v. Clerk of the Boston Division of the Juvenile Court Department,” 86 MASS. L. REV. 117, 2002
  • “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry.” 
    John Austin (1832)

Practice Emphasis

  • Counsel and Advise Employers in All Areas of Labor and Employment Law
  • Trade Secrets, Non-competition, and Non-Solicitation Agreement Litigation
  • Wage and Hour Class and Collective Action Defense
  • Close Corporation Advice and Litigation
  • Employee Privacy Litigation Defense
  • Union Avoidance Counseling and Campaigns
  • Collective Bargaining
  • Labor Arbitrations
  • Section 301 of the Labor Management Relations Act Litigation
  • Defense of NLRB Charges
  • Defense of EEOC Charges
  • Defense of Discrimination Claims in Litigation
  • ERISA Litigation Defense
  • Employment Policy Formulation and Advice
  • Management Training
  • Mediation Services
  • Sexual Harassment Investigations and Defense
  • Policy Analysis and Employment Law Training
  • Compliance Audits

Education

Oxford University

  • B.C.L., 2005

Boston University School of Law

  • J.D., cum laude, 2003
  • Editor, Boston University Law Review
  • Dean’s Scholar (full three-year merit scholarship)

Boston University

  • B.M., summa cum laude, 1996

Bar & Court Admissions

  • Massachusetts, 2004
  • Texas, 2015
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Eastern District of Texas
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