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, 2007-2023
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
August 11, 2023
June 5, 2023
February 24, 2023
September 21, 2022
May 27, 2019
January 10, 2017
November 23, 2016
December 19, 2007
December 19, 2007