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John A. Tucker, Esq.

Employment Law Highlights:

Providing counsel on all aspects of federal employment law compliance under the ADA, NLRA, ADEA, OWBPA, MFLA, OSHA, HIPPA, FLSA, WARN, GINA, ERISA, USSERA, PPACA and Title VII as well as related state laws, and serving as lead counsel in litigation concerning the same.  Including resolving tensions between FMLA, ADA, GINA and state workers’ compensation laws as well as assessing hiring practices, disability accommodations, and employee privacy to ensure compliance with all applicable contracts, regulations and laws.

Addressing retention, wage and hour, benefits, and labor relations issues.

Advocating client’s position in EEOC and state FEPA discrimination charges and investigations including preparation of witness affidavits, responsive documents and company position statements, with effective use of conciliation process to achieve early resolution.

Conduct Wage and Hour compliance audits and investigations.

Served as lead counsel in ERISA and NLRA related litigation.


Labor Law Highlights:

Successfully negotiated numerous national and local collective bargaining agreements as the lead negotiator and chief spokesperson; responsibility for development of consistent bargaining strategies and preparation of contract proposals.

Effectively argued client’s position in numerous NLRB Regional hearings across the United States.  Matters encompassed a wide variety of unfair labor practice charges and issues related to organizing, bargaining and representational activities governed by the National Labor Relations Act.

Experienced in multi employer-union sponsored health and welfare and pension plans regarding ERISA compliance and fiduciary duties.

Successfully advocated client’s interest in the following:

Declaratory judgment action against the Department of Labor filed in the U.S. District Court for the Western District of Washington, concerning the interpretation of specific provisions of the Service Contract Act.

Mandamus and declaratory judgment action against the Department of labor and Department of Homeland Security filed in the U.S. District Court for the District of Columbia seeking a writ and order to compel the DOL and DHS to take statutorily mandated action required under the Service Contract Act.

Multi-plaintiff suit filed under the National Labor Relations act and California state discrimination and wrongful termination statutes in the U.S. District Court for the Eastern District of California.  Removed case from California state court to federal court.

Suit filed under the Labor Management Reporting and Disclosure Act and Kansas state laws against client and individual officers in the U.S. District Court for the District of Kansas.

Declaratory judgment action involving interpretation of client’s key national contract and its rights under the NLRA filed in the U.S. District Court for the District of Colorado.

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