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John Scalia

John Scalia has more than two decades of experience representing employers in a broad range of labor and employment matters. As both counselor and litigator, John applies a practical, business-oriented approach to resolving clients’ human capital and workforce issues, balancing zealous representation with their cost constraints and business objectives.

John represents employers in breach of contract, wrongful termination, discrimination, harassment, retaliation and whistleblower disputes. He practices regularly in federal and state courts, in private mediation and arbitration proceedings, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and equivalent state administrative agencies. He also represents companies in a variety of business disputes, including commercial contracts, non-compete, unfair competition, misappropriation of trade secrets, unfair business practices, tortious interference, civil conspiracy, disparagement, defamation, and public accommodations disability discrimination matters. He has experience defending employers against whistleblower claims under various federal statutes, including the False Claims Act (FCA), the Occupational Health and Safety Act (OSHA), the Sarbanes-Oxley Act (SOX), the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), the Energy Reorganization Act (ERA) and various environment statutes. He also has experience representing employers before the National Labor Relations Board (NLRB) and the National Mediation Board (NMB).

John routinely advises employers on the full life-cycle of the employment relationship, from recruiting and hiring through separation and post-separation, partnering with senior leadership, human resources and key stakeholders to resolve issues, manage risk, and implement best-practices. His counseling experience includes matters related to discrimination, harassment and retaliation, discipline and misconduct, employment/confidentiality/non-compete agreements, employee handbooks and personnel policies, leaves of absence, and worker classification (exempt v. non-exempt employees and independent contractors). He has significant experience with the following federal statutes: Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Workers Adjustment and Retraining Notification Act (WARN), the Employee Retirement Income Security Act (ERISA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and the Services Contract Act (SCA).

Concentrations

  • Employment litigation and arbitration
  • Employment counseling, compliance and risk management
  • Discrimination, harassment and retaliation
  • Wage and hour/worker classification
  • Layoffs, reductions in force, restructurings and reorganizations
  • Internal investigations and audits
  • Workplace training
  • Personnel policies and procedures
  • Executive agreements
  • Restrictive covenants
  • Statutory whistleblower claims
  • Business contracts and torts
  • ERISA litigation
  • Merger and acquisition due diligence and contracts
  • International and cross-border issues
  • Traditional labor Law
  • Public accommodations disability litigation

Capabilities

Recognition & Leadership

  • Listed, The Best Lawyers in America, Litigation - Labor & Employment; Employment Law - Management, 2013-2021
  • Listed, Washington Business Journal, Top Employment Litigation Attorney, 2008-Present
  • Listed, Super Lawyers magazine, Virginia Super Lawyers, 2008-Present
  • Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2009-Present
  • Member, Virginia Bar Association
    • Member, Labor Relations and Employment Law Section
  • Member, California Bar Association
    • Member, Employment Law Section
  • Member, District of Columbia Bar Association
    • Member, Employment Law Section

Credentials

Education
  • J.D., Northwestern Pritzker School of Law, 1991
  • B.A., Santa Clara University, 1987
Admissions
  • Virginia
  • District of Columbia
  • California
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Central District of California