John Gerak: Lawyer with Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

John Gerak

Managing Shareholder, Cleveland Office
Cleveland,  OH  U.S.A.

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AV® Preeminent

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Experience & Credentials Ratings & Reviews

Practice Areas
  • ......................... 60%
    Employment Litigatio...
  • ......................... 40%
    Wage and Hour Law
Other Areas of Law

Labor and Employment,Harassment,Family and Medical Leave Act,Affirmative Action,Age Discrimination in Employment,Confidentiality Agreements,Covenants Not To Compete,Employment Arbitration,Employment at Will,Employment Breach of Contract,Employment Civil Rights,Employment Claims,Employment Class Actions,Employment Contracts,Employment Defense,Employment Disability Discrimination,Employment Discrimination,Employment Law,Employment Mediation,Employment Practices Liability Insurance,Employment Termination,Equal Employment Opportunity Law,Fair Employment Practices,Fair Labor Standards,Federal Employment Law,Labor Law,Labor Relations,Management Employment Law,Management Labor Law,Minimum Wage Law,National Labor Relations Act,National Origin Discrimination,Negligent Hiring,Noncompete Litigation,Noncompetition and Non-Solicitation Agreements,Outsourcing,Personnel Policies,Personnel Training,Reductions in Force,Restrictive Covenants,Retaliatory Discharge,Sexual Harassment,Title VII Discrimination,Unfair Labor Practices,Uniformed Services Employment and Reemployment Rights Act (USERRA),Labor Arbitration,Union Elections,WARN Act,Whistleblower Litigation,Workplace Violence,Wrongful Termination,Wrongful Termination Defense
Contact InfoTelephone: 216.274.6917
Cell Phone: 440.670.3477
Fax: 216.357.4733
University Pennsylvania State University, B.S., 1992; Fontbonne College, M.B.A., 1998
Law SchoolUniversity of Pittsburgh, J.D., 2002
Admitted2002, Ohio; 2004, U.S. Court of Appeals, Sixth Circuit; 2006, U.S. Supreme Court; U.S. District Court, Northern and Southern Districts of Ohio; 2008, U.S. District Court, Eastern District of Michigan; 2009, U.S. District Court, Northern District of Indiana
Memberships Federal Bar Association; Ohio State Bar Association; Cleveland Metropolitan Bar Association.

PROFESSIONAL ACTIVITIES: Employment Law American Inn of Court, Federal Bar Association, NFL Alumni Association, APG Alumni Board for the Penn State University Labor Studies and Employment Relations Department, Penn State Graduate Studies/Mentor, Youngstown-Warren Regional Chamber of Commerce, Lorain County Chamber of Commerce, Lecturer/Adjunct Professor for the Penn State University Labor Studies and Employment Relations Department

HONORS: Ohio Super Lawyers, "Rising Star" 2010, 2011 and 2012

RECENT SPEECHES: Greater Akron Chamber of Commerce - "Background Checks" - Akron - May 23, 2013; Ogletree Deakins Workplace Strategies Seminar - "AOK, AOL, or SOL? Employees" Use and Abuse of FMLA, ADA, Workers" Comp, and Military Leaves" - New Orleans - May 8, 2013; Penn State University Department of Labor Studies and Employment Relations 70th Anniversary Dinner and Professional Symposium - "Leave of Absence Playbook" - University Park - April, 13, 2013; Youngstown/Warren Regional Chamber of Commerce - "Background Checks in 2012" - Youngstown - March 26, 2013; Riverside 2013 HR Forum - "Key Employment Law Changes and Trends for 2013" - Orlando - March 14, 2013; Youngstown/Warren Regional Chamber of Commerce - "Employment Law Changes and Trends for 2013" - Youngstown - February 27, 2013; Lorain County Take Five Breakfast Series - "Rules of Engagement: When Employees Take a Leave of Absence" - Elyria - December 20, 2012; Youngstown-Warren Regional Chamber of Commerce - "Workplace Discrimination, Harassment and Retaliation" - Youngstown - November 20, 2012; Lorain County Take Five Breakfast Series - "Retaliation - A Risk on the Rise" - Elyria - November 15, 2012; Association of Corporate Counsel Seminar - "Accessing Your Employee"s Digital Communications" - Cleveland - October 25, 2012; Lorain County Take Five Breakfast Series - "How to Strike the Right Balance Between Not Hiring an Axe Murderer, Not Becoming Big Brother and Not Running Afoul of the EEOC" - Elyria - October 18, 2012; Ohio State Bar Association, Midwest Labor Conference - "ADR: Mandatory Arbitration Agreements and Other Dispute Resolution Options" - Columbus - October 11, 2012; Youngstown-Warren Regional Chamber of Commerce - "Wage & Hour Essentials" - Youngstown - September 25, 2012; ACC - Sports & Entertainment Webinar - "Exempt Classifications in "Sales" Departments of Sports and Entertainment Entities" - September 18, 2012; Western Reserve SHRM Meeting - "Criminal/Background Checks for Employment Purposes" - Boardman - September 11, 2012; Ogletree Deakins Seminar - "Navigating Difficult End of Leave Issues Under the ADA, FMLA, and Workers' Compensation Laws" - Cleveland - August 30, 2012;Youngstown-Warren Regional Chamber of Commerce - "Save the Drama for Your Mama"; - Youngstown OH - May 22, 2012; Ogletree Deakins Workplace Strategies Conference - "Why Should You Care About Wage & Hour Compliance"; - Phoenix, AZ - May 12, 2012; 28th Annual Cleveland Metropolitan Bar Association Introduction to Health Care Law or Health Law Institute - "Social Media"; - April 27, 2012; Cleveland Employment Inn of Court - "Deposition Practice Skills"; - Cleveland, OH - March 8, 2012; Riverside 2012 HR Forum - "Medical Information in the Workplace"; - Las Vegas, NV - February 16, 2012; Northeast Ohio Chapter of ACC - "The Social Media Revolution: Employee Privacy vs. Employee Rights"; - Cleveland, OH - November 30, 2011; Ogletree Deakins Seminar - "How to Avoid Ethical Traps for Employment Lawyers"; - Cleveland, OH - November 17, 2011; Toledo Human Resource Associations - "The Social Media Revolution: Employee Privacy vs. Employee Rights"; - Toledo, OH - November 3, 2011; Lorain County Take Five Breakfast Series - "Workplace Drama of a Different Kind"; - Elyria, OH - September 20, 2011; Western Reserve SHRM Annual Meeting - "Hostile Work Environment Harassment"; - Girard, OH - September 13, 2011; Ogletree Deakins Seminar - "Workplace Accommodations"; - Cleveland, OH - August 18, 2011; "Navigating Difficult Medical Leaves" - Elyria, OH - June 16, 2011; Lorain County Take Five Breakfast Series - "How to Develop & Retain Loyal Customers" - Elyria, OH - May 17, 2011; Ogletree Deakins Workplace Strategies Conference - Maintenance of Medical Information in the Workplace, Chicago, IL - May 12, 2011

RECENT MEDIA QUOTES: September 27, 2010 - Crain's Cleveland Business - "Discrimination claims filed under ADA likely to rise"

RECENT PUBLICATIONS: December 7, 2009 - Crain's Cleveland Business - "Inattention to payroll opens firms to claims of fair labor act violation".


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Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations
Hera S. Arsen,John Gerak,Kelly L. Hamilton, March 24, 2015
On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a new interpretation of a regulation that deviates significantly from a...

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Office Information

John Gerak

127 Public Square, Suite 4100
ClevelandOH 44114


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