Employers of all shapes and sizes have turned to John to help them deal with a wide assortment of employment-related legal issues, as well as to represent them in employment-related litigation. Since 2004, John has defended employers in state and federal courts across the United States from single-plaintiff and class action lawsuits asserting claims for violations of wage and hour laws (including the Fair Labor Standards Act (“FLSA”)), violations of the Family and Medical Leave Act (“FMLA”), violations of the Employee Retirement Income Security Act (“ERISA”), violations of the Fair Credit Reporting Act (“FCRA”), discrimination, harassment, retaliation, failure to accommodate, and breach of contract. In addition, John has successfully represented employers and employees on both sides of covenant-not-to-compete/restrictive covenant litigation, and has successfully represented employers in proceedings before the National Labor Relations Board (“NLRB”). John has also represented employers in collective bargaining negotiations and advises employers on various other labor/management issues.
Significantly, John has tailored much of his practice to helping employers avoid litigation altogether. He regularly counsels employers with regard to their employee handbooks, the proper construction of various employment policies and procedures, compliance with state and federal leave laws (including the FMLA and the Americans with Disabilities Act (“ADA”), compliance with state and federal wage laws (including the overtime exemptions set forth under the FLSA), employee/independent contractor classifications, termination and hiring decisions, disciplinary decisions, reductions-in-force, and disability accommodation issues.
John is a frequent speaker on labor and employment law matters.
In addition to his employment law work, John regularly represents businesses and individuals in a wide variety of civil disputes. These include intellectual property litigation, breach of contract actions and condemnation/eminent domain proceedings, among many others. In addition, John regularly represents Wisconsin licensees in disciplinary actions initiated by the Wisconsin Department of Safety and Professional Services.
Since beginning his practice, John has represented employers of all shapes and sizes and from all types of industries, including those performing work related to staffing services, financial services, electronics, engineering, health care, manufacturing, transportation, agriculture, and many other areas. These employers include members of the Fortune 500, as well as employers that have no more than one or two permanent employees.
John has successfully represented employers in state and federal courts in Wisconsin, Illinois, Colorado, Pennsylvania, Tennessee, Virginia, Missouri, Mississippi, Oklahoma, North Dakota, Florida, Washington, Kansas, Michigan, New York, Texas, California and Puerto Rico, as well as in front of numerous federal and state administrative agencies and in arbitration proceedings. A small sampling of these representations includes the following:
- Equal Employment Opportunity Commission (“EEOC”) v. Flambeau, Inc., Case No. 14-cv-638 (W.D. Wis. 2015) (obtained summary judgment for employer on the EEOC’s claim that the employer’s wellness plan violated the ADA)
- Ronald Mukasa Maiteki v. Marten Transport, Ltd., Case No. 12-cv-2021 (D. Col. 2015) (obtained summary judgment for employer in case alleging various violations of the Fair Credit Reporting Act)
- Daniel Madero, et al. v. Peters Engineering, Inc., et al., Case No. 12-cv-50157 (N.D. Ill. 2015) (obtained partial summary judgment for employer on multi-plaintiff claims regarding alleged violations of the Illinois Prevailing Wage Act)
- Madison Investment Advisors, Inc. v. Leslie Martin III, Case No. 2012AP744 (Wis. Ct. App. 2012) (obtained summary judgment for employer on breach of contract claims)
- Joann Stuyvenberg v. GC of Appleton, Inc., Case No. 09-C-461 (W.D. Wis. 2010) (obtained summary judgment for employer on harassment claim)
- Mickens et al v. Cargill, Inc., Case No. 2:08-cv-02015 (W.D. Tenn. 2010) (obtained summary judgment for employer on discrimination/retaliation claims)
- Macchioni v. Robert Half, 2007 WL 2484031 (Vir. Aug. 24, 2007) (obtained a ruling invalidating non-compete on behalf of appellants)
Articles & Presentations
- "The EEOC Increases Its Efforts To Combat Gender-Based Pay Discrimination,"
Employment Law Blog, February 2016
- Presenter: “Documentation, Documentation, Performance Evaluations, and Did I Mention Documentation,” Client Presentation, August 2015
- "Wisconsin Enacts Right-To-Work," Employment Law Blog, March 2015
- Co-Presenter: “The Migrant Seasonal Agricultural Worker Protection Act,” Professional Dairy Producers of Wisconsin, February 2015
- "Social Media – An Employer’s Forbidden Fruit?," Employment Law Blog, August 2014
- Panel Member: “Sexual Orientation & Gender Identity in the Workplace,” Wisconsin State Bar, April 2014
- "Four Common Mistakes Employers Make with Exempt Employees and Overtime Pay," Employment Law Blog, January 2014
- "Madison Adds New Ordinance Prohibiting Unemployment Discrimination During Hiring Process," Employment Law Blog, December 2013
- Co-Presenter: “How to Avoid the Biggest Overtime & Wage Mistakes,” WICPA, November 2013
- Co-Presenter: “Can you Fire the Chronic Complainer,” 27th Annual WI SHRM State Conference, October 2013
- Co-Presenter: “Employment Law Hot Topics,” Celerity Staffing Solutions Roundtable, October 2013
- "October 1, 2013 – A Hard Deadline To Notify Employees Of Health Insurance Options Or Another False Step For Obamacare?" Employment Law Blog, September 2013
- Presenter: “Sex Discrimination, the Equal Pay Act, and Retaliation in the Workplace,” Client Presentation, August 2013
- "EEOC's New Disability Changes for 2013," Employment Law Blog, May 2013
- "I Spy a New I-9 Form for 2013," Employment Law Blog, March 2013
- "How to Deal With Retaliation in the Workplace," Employment Law Blog, February 2013
- "DOL Issues New FLMA Regulations and Poster for 2013," Employment Law Blog, February 2013
- Presenter: “Can You Fire The Chronic Complainer,” DeWitt Ross & Stevens HR Roundtable, February 2013
- "The EEOC Foreshadows its Plan of Attack," Employment Law Blog, January 2013
- "The Growing Trend of Individual Employee Liability," Employment Law Blog, December 2012
- "Time to Rethink Maximum Leave Policies," Employment Law Blog, November 2012
- Co-Presenter: “Hot Topics In Employment Law,” Celerity Staffing Solutions Roundtable, September 2012
- "At-Will Employment Disclaimers Attacked by NLRB," Employment Law Blog, August 2012
- Presenter: “Where’s Walter? Understanding and Addressing Employee Leave Requests,” UW Family Business Center, September 2012, DeWitt Ross & Stevens Employment Law Seminar, June 2012, November 2011
- Co-Presenter, “Hot Topics in Employment Law,” Celerity Staffing Solutions Training Seminar, May 2011
- Co-Author, “Insulate Your Company Against Sexual Harassment Claims: Five Important Reminders,” DeWitt Ross & Stevens HR Advantage, April 2011
- "5 Ways to Prevent a Sexual Harassment Lawsuit," Employment Law Blog, April 2011
- Presenter: “Don’t Get Sacked: Five Lessons to Learn From The Recent Sexual Harassment Claim Filed Against A Former Quarterback and One Of His Former Teams,” DeWitt Ross & Stevens HR Roundtable, March 2011
- Presenter, “You Hired Them Now What?” DeWitt Ross & Stevens Employment Law Seminar, November 2010