People: John R. Giovannone, Associate

John R. Giovannone

Associate

Los Angeles - Downtown
Direct: (213) 270-9643
0

John R. Giovannone is a senior associate in the Los Angeles office of Seyfarth Shaw LLP. Mr. Giovannone represents employers in the entire range of employment law matters ranging from traditional labor to single plaintiff and class-based wage/hour, contract, discrimination, harassment, and licensing litigation.  Specifically, Mr. Giovannone has litigated class actions and single plaintiff matters on behalf of employers in a wide array of industries including financial services, defense contracting, aeronautics, commercial baking, manufacturing, education, childcare, retail, pharmaceutical, construction, telemarketing, information technology, package delivery, and uniform services.

Mr. Giovannone has represented management before federal and California state courts, as well as federal and California administrative agencies, including the U.S. Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the California Public Employment Relations Board, and the California Labor Commissioner.  He has both first- and second-chair trial and arbitration experience in labor and employment matters, as well as substantial mediation and collective bargaining experience.  Mr. Giovannone has successfully opposed numerous class certification attempts and has successfully brought motions for summary judgment, preemptive denial of class certification, reduction of the size of purported classes (by as much 90%), terminating sanctions and to recover attorneys’ fees.  Mr. Giovannone also provides advice and counsel services to management regarding state and federal labor and employment law, including human resources training, policy drafting, and workplace investigations.

John R. Giovannone is a senior associate in the Los Angeles office of Seyfarth Shaw LLP. Mr. Giovannone represents employers in the entire range of employment law matters ranging from traditional labor to single plaintiff and class-based wage/hour, contract, discrimination, harassment, and licensing litigation.  Specifically, Mr. Giovannone has litigated class actions and single plaintiff matters on behalf of employers in a wide array of industries including financial services, defense contracting, aeronautics, commercial baking, manufacturing, education, childcare, retail, pharmaceutical, construction, telemarketing, information technology, package delivery, and uniform services.

Mr. Giovannone has represented management before federal and California state courts, as well as federal and California administrative agencies, including the U.S. Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the California Public Employment Relations Board, and the California Labor Commissioner.  He has both first- and second-chair trial and arbitration experience in labor and employment matters, as well as substantial mediation and collective bargaining experience.  Mr. Giovannone has successfully opposed numerous class certification attempts and has successfully brought motions for summary judgment, preemptive denial of class certification, reduction of the size of purported classes (by as much 90%), terminating sanctions and to recover attorneys’ fees.  Mr. Giovannone also provides advice and counsel services to management regarding state and federal labor and employment law, including human resources training, policy drafting, and workplace investigations.

Education

  • J.D., Loyola Law School at Los Angeles (2005)
    with honors
    Editor & Published Author, Loyola Law Review
  • B.A., University of California, Berkeley (2002)
    with honors

Admissions

  • California

Courts

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central, Eastern and Southern Districts of California

Affiliations

  • Los Angeles County Bar Association
  • State Bar of California
  • Juvenile Diabetes Research Foundation, Los Angeles Chapter:
    Board of Directors; Executive Committee Member; Gala Committee Member 

Representative Engagements

Representative Class and Collective Action Cases
 

  • PERRY-ROMAN v. AIG RETIREMENT SERVICES, INC. AND THE VARIABLE ANNUITY LIFE INSURANCE COMPANY (VALIC) (Class action involving financial advisors and the application of the outside sales and administrative exemptions)
  • SCHMOEKEL v.  AIG RETIREMENT SERVICES, INC. AND THE VARIABLE ANNUITY LIFE INSURANCE COMPANY (VALIC) (FLSA collective action and California law class action involving financial advisors and the outside sales and administrative exemptions)
  • CONTRERAS v. BANK OF AMERICA, NA (and multiple consolidated actions) (California wage and hour class actions involving mortgage loan officers claiming unpaid overtime and expense reimbursement entitlement)
  • KAEWSAWANG v. SARA LEE (California wage and hour class action on behalf of delivery drivers and assistants alleging misclassification and unlawful business practices including denial of overtime compensation and failure to provide workers with meal and rest breaks)
  • MCNERNEY v. PIPER/UBS (FLSA collective action and California law class action involving financial advisors and the application of the administrative exemption)
  • NGUYEN V. BAXTER HEALTHCARE CORP (class action alleging meal/rest break, overtime, wage statement, and PAGA claims)
  • WMC MORTGAGE Cases (series of California cases regarding alleged misclassification of mortgage loan officers under the administrative exemption)
  • SILVERMAN v. SMITHKLINE BEECHAM CORPORATION, DBA GLAXOSMITHKLINE, PLC (FLSA collective action and California law class action involving pharmaceutical sales representatives and the outside sales and administrative exemptions)
  • STEHLE v. SMITHKLINE BEECHAM CORPORATION, dba GLAXOSMITHKLINE, PLC (FLSA collective action and California law class action involving pharmaceutical sales representatives and the outside sales and administrative exemptions)
  • CHRISTOPHER AND BUCHANAN v. SMITHKLINE BEECHAM CORPORATION, DBA GLAXOSMITHKLINE (FLSA collective action in United States District Court of Arizona involving pharmaceutical sales representatives and the outside sales exemption)
  • FERNANDO v. ECOLAB (California overtime and meal/rest break action involving service drivers)
  • NGUYEN v. BAXTER HEALTHCARE (California-based overtime, meal/rest break, and wage statement class action involving production workers)
  • ALVAREZ v. HYATT (California-based unpaid wages, meal/rest break, and wage statement class action involving all non-exempt employees)
  • BAKER v. VALLEY PRESBYTERIAN HOSPITAL (California-based overtime, rate of pay calculation,   meal/rest break, pay upon termination, and wage statement class action involving nurses and other non-exempt hospital employees)

Other Representative Cases

  • VARDOULIS v. INK SYSTEMS, INC. (obtained complete defense verdict in 10-day trial concerning allegation of misclassification of production supervisor under executive exemption)
  • KREPS v. ICB (obtained dismissal with prejudice of complaint alleging real estate broker misclassification and discrimination)
  • JILES v. LOCKHEED MARTIN AERONAUTICS COMPANY (obtained summary judgment and attorneys’ fee award in excess of $70,000 against repeat litigant in age and disability discrimination lawsuit)
  • YOUNG v. LOCKHEED MARTIN AERONAUTICS COMPANY (obtained complete defense verdict in five-day whistleblower retaliation and age discrimination arbitration)
     

Presentations

  • “California Labor and Employment Law 101,” Public Counsel Law Center’s Education Program for Human Resources/Employee Relations Personnel with Nonprofit Organizations (January 8, 2008)
  • “Avoiding the Pitfalls of Social Media in the Workplace," Breakfast Briefing Series (October 13, 21 and 26, 2010)
  • “Going Viral: What In-House Counsel Need to Know About Social Media,” Association of Corporate Counsel of America, Southern California Chapter’s ACCess Program (June 15, 2011)  

Publications

  • “In the Wake of Hurricane Asmus: A Lost Opportunity In Our Struggle With Employment Handbooks,” Loyola of Los Angeles Law Review, 37 Loy. L.A. L. Rev. 1687 (2004)