John Harper is of counsel in the Labor and Employment Practice Group in the Houston office of Haynes and Boone, LLP. John represents employers in a wide range of labor relations and employment law matters. He has assisted clients with regard to union organizing drives by the Teamsters, the International Pipefitters and the Operating Engineers. He has also handled unfair labor practice litigation before the National Labor Relations Board and has worked with clients in administering and negotiating collective bargaining agreements. He also counsels employers on the development and implementation of positive employee relations policies and practices.
John has defended employers against discrimination claims, including class actions, under Title VII, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), and also concerning claims under the Fair Labor Standards Act (FLSA), including collective action matters. In addition, he has litigated ERISA denial of benefit and retaliation claims. John has represented clients on claims under state whistleblower laws, and in connection with unfair competition issues, including covenants not to compete, non-solicitation and non-disclosure agreements, and related claims.
John has spoken on WARN, FMLA, independent contractor and social media issues. He has conducted union-avoidance and anti-harassment training for employers.
Selected Professional and Business Activities
- Member, College of the State Bar of Texas
- Member, Texas Bar Foundation
- Member, American Bar Association, Section of Labor and Employment Law
- Member, Houston Bar Association, Section of Labor and Employment Law
- Chairman, Houston Museum of Printing History
- Trustee, Houston Grand Opera
- Member, Texas Woman's University Foundation Board of Directors
Selected Publications and Speeches
- Editor, The Developing Labor Law (BNA), Chapter 14
- Assistant Editor, The Developing Labor Law (BNA), Chapter 7
- "Protected, Concerted Activity in the Age of Social Media," Center for American and International Law, May 2011
- "Social Media: Managing and Harnessing an Unstoppable Trend," TexasBarCLE, November 2010
- "Employees vs. Independent Contractors, Contingent Workers and Leased Employees," May 2010
- "Blogs, Social Networking Sites and the Impact on Employment," Texas State Bar College, July 2009
Honors
- Listed in the highest tier for National Labor and Employment Practice in Chambers USA 2011
- Ranked in the top tier by The Legal 500 for Labor and Employment Litigation, ERISA Litigation, Labor-Management Relations, and Workplace and Employment Counseling (2011)
- Ranked in National Tier 1: Employment Law - Management, U.S. News and Best Lawyers (2010)
- Ranked, National Tier 1: Labor Law - Management, U.S. News and Best Lawyers (2010)
- Listed, "Texas Rising Star," Texas Super Lawyers (2007 - 2012)
Публикации
05/18/2012 -
NLRB Halts Implementation of New Election Rules: Vote on NLRB Election Rules Lacked Quorum, Judge Rules
On May 15, 2012, a federal district court judge for the District of Columbia struck down recent changes to the National Labor Relations Board’s representation election procedures, which were intended to streamline the Board’s representation election process.
05/04/2012 -
Law360 Guest Article: Property Owners Lose When 'Occupiers' Win
Marking the beginning of May 2012, several labor organizations and other groups engaged in mass demonstrations across the U.S. These demonstrations are focused in large part on social justice issues, such as youth unemployment and alleged substandard Wages for workers in the "99 percent."
04/20/2012 -
Update: NLRB Suspends Implementation of Notice Posting Rule Pending Legal Challenges
On April 17, 2012, the Court of Appeals for the District of Columbia Circuit issued a decision enjoining the National Labor Relations Board (“NLRB” or the “Board”) from implementing a controversial rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act (“NLRA”).
03/07/2012 -
Update: Court Upholds NLRB Adoption of Notice Posting Rule But Limits Sanctions
On March 2, 2012, a federal district court in Washington, D.C. upheld the National Labor Relations Board’s authority to adopt a proposed regulation requiring employers to post a notice informing employees of their federal labor law rights.
02/03/2012 -
NLRB Roundup Part 3: New Election Rules, Class Action Waivers and (Maybe?) Recess Appointments
The National Labor Relations Board has had a busy few weeks. This alert discusses new developments.