John Myers focuses his practice on labor and employment litigation and counseling. He has defended employers throughout the country in cases involving claims of employment discrimination, wrongful discharge, ERISA violations, breach of employment contracts, minimum wage and overtime pay violations, and a variety of employment-related torts. John is also experienced in restrictive covenant and trade secret misappropriation litigation. Representative Matters · Camesi et al. v. UPMC, et al., After more than 3,000 current and former employees opted in as plaintiffs in this Fair Labor Standards Act case, the U.S. District Court granted our motion to decertify the collective action, dismissing the claims of all of the opt ins, leaving only four named plaintiffs to continue the lawsuit. (W.D. Pa. December 20, 2011); · Henderson V. UPMC, F. 3d, 2011 WL 1238031(3rd Cir. April 05, 2011), This seminal case in the Courts of Appeal affirmed dismissal of a class action Complaint which alleged that the employer failed to keep accurate records of hours worked, as required by Section 209(a) of ERISA, because it did not include off-the-clock work plaintiffs allegedly performed; · Huston v. Procter & Gamble Paper Products Corp. 568 F. 3d 100 (3rd 2009), decision establishing circuit precedent for level of management whose knowledge of sexual harassment may be imputed to the company; · Eastman Kodak Co. v. Bayer Corp., 576 F. Supp. 2d 548, 551 (S.D.N.Y. 2008), affirmed 2009 WL 2767021 (2d Cir. 2009), ERISA top hat plan litigation interpreting supplemental pension plan to deny executive's claim and Eastman Kodak indemnity claim; · Office of Federal Contract Compliance Programs v. UPMC Braddock, et al, ARB Case No. 08-049, 2009 WL 1542298 (Adm. Review Bd. May 29, 2009), holding that hospitals who contract with health insurers that insure government employees are federal subcontractors under Executive Order 11246, The Rehabilitation Act of 1973, and the Viet Nam Era Veterans Readjustment Assistance Act of 1974) (Decision under Review in U.S. District Court, District of Columbia); · Currently handling four class/collective action lawsuits under the Fair Labor Standards Act, Employee Retirement Income Securities Act and various state law claims; · Have tried dozens of employment discrimination jury trials to verdict. Professional Affiliations Allegheny County and Pennsylvania Bar Associations Special Recognition Selected for inclusion in Pennsylvania Super Lawyers Selected for inclusion in The Best Lawyers in America Articles/Speeches/Presentations · "Attorneys' Fees Under the FLSA - Are the Courts Following the Law?" presented at the American Conference Institute National Forum on Wage Hour Claims and Class Actions in Miami, Florida, January 31, 2012. · "Off-the-Clock Collective Actions under the Fair Labor Standards Act," presented at an American Conference Institute Seminar in Miami, Florida, February 2011. · Wage & Hour Symposium, Course planner and panelist, Pennsylvania Bar Institute seminar, held September 20, 2011. · "ERISA Litigation", presented at the American Conference Institute in New York City, October 2010. · "Don't Ask, Don't Tell, " co-presented with Mariah Klinefelter at the Eckert Seamans' Human Resources Forum, December 2009. · "After the dust settles: What Ricci vs DeStefano means to employers," Eckert Seamans' Legal Update, November 2009. · "Private Sector Commentary: Bias Ruling Creates Confusion for Employers," Pittsburgh Post-Gazette, August 2009. · "News You Can Use: Update on Labor & Employment Issues," co-presented with Miranda Nickles at Eckert Seamans' Human Resources Forum, November 2007. · "Review of Recent Judicial and Legislative Developments of Significance to Employers," co-presented with Patrick Kilker at Eckert Seamans' Human Resources Forum, May 2007. · "Releases Of Employment Claims: Why Pay For A Dead Horse?" presented at Eckert Seamans' Human Resources Forum, November 2006. · "Supreme headache for employers? High court ruling could clear way for more employee discrimination suits," Pittsburgh Post-Gazette, July 2006. · "FMLA Update: A Review of Recent Judicial and Administrative Interpretations of the Act," co-presented with Christina Kepplinger at Eckert Seamans' Human Resources Forum, November 2005. · Presented Seminars for Pennsylvania Bar Institute, Sterling Educational Services, EEOC and other organizations. Quoted · "Future of Class-Action Cases Still Unclear," quoted, Human Resources Executive Online, February 1, 2012. · "Hospitals Wage Battle with OFCCP," quoted, BNA, The Daily Labor Report, February 18, 2011. · "Layoffs without lawsuits: Treating people well can be good business in a downturn," quoted, Wire Rope News & Sling Technology, October 2010. · "Fired for Taking Vacation: When the Boss Asks You to Cancel Plans," quoted, The Wall Street Journal, July 16, 2010. · "Holding Associates Accountable" quoted, Human Resources Executive Online, November 24, 2009. · "Protecting the Workplace" quoted, Human Resources Executive Online, October 27, 2009. · "Clarifying Supervisory Notification" quoted, Human Resources Executive Online, July 13, 2009. · "Reverse Discrimination Quashed" quoted, Human Resources Executive Online, June 30, 2009. · "Supreme Court: New Haven Violated Title VII by Discarding Promotion Exam Results" quoted, SHRM Online, June 29, 2009. · "Firefighter Ruling May Aid Employers, Hurt Sotomayor" quoted, Labor Law360, May 2009. · "Layoffs Without Lawsuits" quoted, AQUA: The Business Magazine for Spa & Pool Professionals, April 2009. · "How to Play Fair" quoted, Industry Week, April 2009. |