Class and Collective Action Litigation
- Represented Fortune 500 employer before trial and appellate courts in EEOC-initiated pattern and practice case challenging tribe-specific hiring preferences on the Navajo Nation.
- Represented Fortune 500 employer in nationwide Fair Labor Standard Act (FLSA) collective action arising from pandemic-era work-from-home conditions.
- Represented hospital in class action brought by employee alleging tort claims arising from mandated COVID-19 vaccines.
- Represented Fortune 500 employer in several nationwide class actions under the Fair Credit Reporting Act in federal courts in Arizona, Indiana, Utah, and Virginia.
- Member of National Coordinating Counsel team managing large number of wage and hour class actions, FLSA claims, and MDL proceedings on behalf of Fortune 500 employer.
- Represented electric utility in several FLSA collective actions alleging off-the-clock and donning-and-doffing claims.
- Represented nationwide transportation provider in consumer class action alleging improper fees.
Traditional Labor Practice
- Represented Fortune 500 employer in long-running series of labor arbitrations brought by a union alleging breach of contract related to the union's work jurisdiction.
- Represented employers in many industries in NLRB representation cases (union elections) and unfair labor practice proceedings.
- Advised employers in labor negotiations and strike planning in many different industries.
- Represented employers in labor arbitrations involving alleged wrongful discharge.
- Counseled companies in mergers and acquisitions on handling strategies related to union-represented workforces.
Employment Litigation
- Represented large hospital system in two-week jury trial and the ensuing appeal in a case brought by an employed physician alleging claims under USERRA, FMLA, and ADA.
- Represented Fortune 500 employer in jury trial alleging off-the-clock work under the FLSA.
- Represented healthcare provider in a week-long arbitration brought by employed physician alleging contract, wage payment, whistleblower, FMLA, and tort claims.
- Represented healthcare employer in four-week jury trial involving wage, contract, and tort claims asserted by an employee who was also a minority shareholder.
- Represented large hospital system in trial court and on appeal in case alleging discrimination, harassment, and intentional infliction of emotional distress.
- Represented Fortune 500 employer in multiple restrictive covenant lawsuits involving multi-day evidentiary proceedings.
Investigations and Counseling
Publicly traded companies, large non-profit organizations, their Boards of Directors, or their Audit Committees have hired John to handle sensitive internal investigations related to the conduct of C-level executives or other senior leaders. Those investigations have involved a wide-ranging set of issues including related party transactions, code of conduct or ethics violations, safety practices, financial impropriety, conflicts of interest, expense reimbursement, whistleblowing, discrimination, retaliation, sexual harassment, privacy concerns, and substance abuse.
Native American Practice
John represents employers doing business with federally recognized Indian tribes. On the Navajo Nation, John has been involved in litigation in tribal, state, and federal courts related to employment preferences, wrongful discharge, rights-of-way, leasing and mineral rights, wrongful death claims, consumer billing practices, arbitration agreements, tribal taxes, and tribal court exhaustion issues. He has even handled litigation involving a disputed grazing permit.