People: John Duke, Associate

John Duke

Associate

Boston
Direct: (617) 946-4940
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John Duke is an associate in the Labor & Employment Department of Seyfarth Shaw LLP. John advises corporations and other employers on a full range of labor and employment law matters. He has substantial labor relations experience advising on such union-related concerns as organizing campaigns, collective bargaining, labor arbitrations and strikes, and defends employers in representation and unfair labor practice cases before the National Labor Relations Board. He also advises corporate clients in the labor and employment aspects of mergers and acquisitions in union and non-union environments.

 

In general employment matters, John advises his clients on day-to-day personnel issues and helps them draft employment agreements and policies. He helps ensure that employers comply with all aspects of wage/hour, anti-discrimination and similar statutes, as well as the Family Medical Leave Act. As part of his employment practice John represents international, national and regional employers in employment litigation in federal and state courts, and defends them before administrative agencies including the Massachusetts Commission Against Discrimination and the Massachusetts Division of Unemployment Assistance.

John Duke is an associate in the Labor & Employment Department of Seyfarth Shaw LLP. John advises corporations and other employers on a full range of labor and employment law matters. He has substantial labor relations experience advising on such union-related concerns as organizing campaigns, collective bargaining, labor arbitrations and strikes, and defends employers in representation and unfair labor practice cases before the National Labor Relations Board. He also advises corporate clients in the labor and employment aspects of mergers and acquisitions in union and non-union environments.

 

In general employment matters, John advises his clients on day-to-day personnel issues and helps them draft employment agreements and policies. He helps ensure that employers comply with all aspects of wage/hour, anti-discrimination and similar statutes, as well as the Family Medical Leave Act. As part of his employment practice John represents international, national and regional employers in employment litigation in federal and state courts, and defends them before administrative agencies including the Massachusetts Commission Against Discrimination and the Massachusetts Division of Unemployment Assistance.

Education

  • B.C.L., Oxford University (2004)

  • J.D., Boston University School of Law (2003)
    cum laude
    Editor,Boston University Law Review
    Recipient of the Dean’s Award for Employee Benefit Plans
    San Francisco Conservatory of Music, Postgraduate Studies (1999)
  • B.M., Boston University (1996)
    summa cum laude

Admissions

  • Massachusetts

Courts

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit

Affiliations

  • American Bar Association (Labor and Employment Section)
  • Boston Bar Association

Representative Engagements

  • Successfully represented a rental car company in a representation case and unfair labor practices that were filed after the rental car company subcontracted the work performed by the employees in the proposed bargaining unit
  • Obtained dismissal of a charge of national origin and race discrimination before the Massachusetts Commission Against Discrimination on the grounds that the charge was preempted by the National Labor Relations Act
  • Represented an international meat processing and packaging company in non-compete litigation against its Canadian operation’s former President and its United Kingdom operation’s former Managing Director
  • Represented and advised a cement company regarding issues arising out of a strike, the permanent replacement of the strikers, and subsequent filing of a decertification petition
  • Represented and obtained a favorable settlement on behalf of a classical music recording company in a breach of contract action brought by a former consultant
  • Acted for a retailer in a representation case in which the union ultimately withdrew its petition before an election was held
  • Represented and advised a directory information company regarding a decertification petition
  • Successfully represented opera companies in an audit by the Massachusetts Division of Unemployment Assistance and subsequent litigation
  • Represented and advised a hotel in its voluntary recognition of a union through a card check
  • Obtained summary judgment against a former employee who claimed he was sexually harassed and terminated in retaliation for complaining about the harassment
  • Represented an investment consulting company in a declaratory judgment action against a former employee regarding claims for breach of employment contract and wrongful discharge

Publications

  • Contributing Author, "Chapter 20 A & B," Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012).  Definitive treatise on wage and hour litigation.
  • Co-author, “Illegal Subjects of Bargaining: Specific Subjects,” The Developing Labor Law Patrick Hardin & John E. Higgins eds., 5th ed. (2009 Supp.)
  • Co-author, “Postemployment Benefits: COBRA Continuation, Group Health Continuation under Massachusetts Law, and Unemployment Benefits,”  Drafting Employment Documents in Massachusetts, William B. Koffel ed., 2d ed. (2007)
  • Co-Author “Avoiding Overtime Exposure: Improper Deductions and the Salary Basis Rule," New England In-House (October 30, 2006)
  • Co-author, "Private Elections, Card Checks – What Does the Future Hold?," presented at the American Bar Association, Section of Labor and Employment Law Committee on Practice and Procedure under the National Labor Relations Act, 2006 Midwinter Meeting, Practice & Procedure under the NLRA Committee Newsletter(Fall 2006)
  • “Giving Species the Benefit of the Doubt,” 83 B.U. L. Rev. 209 (2003)
  • Case Comment: Criminal Complaint Procedure, Commonwealth v. Clerk of the Boston Division of the Juvenile Court Department, 86 Mass. L. Rev. 117 (2002)