John W. Fischer

Board Certified Specialist in Labor & Employment Law
John W. Fischer

Cincinnati Office

The Federal Reserve Building
150 East Fourth Street
Fourth Floor
Cincinnati, Ohio 45202-4018
P 513.629.9455
F 513.241.8259

www.strausstroy.com

Admitted to Practice

  • Ohio
  • Kentucky
  • U.S. Sixth Circuit Court of Appeals
  • U.S. Seventh Circuit Court of Appeals
  • U.S. Eastern District of Kentucky
  • U.S. Western District of Kentucky
  • U.S. Southern District of Ohio
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John W. Fischer

Biography

Strauss Troy Attorney John W. Fischer is a Board Certified Specialist in Labor & Employment Law. For more than 30 years, he has been engaged full-time in the private practice of management-side labor and employment law and litigation on a sophisticated level. He has substantial experience as the lead attorney representing employers in all aspects of labor and employment law on a regional and national basis. John is a nationally sought-after presenter in the areas of labor and employment law due to his extensive experience. He frequently works with small and mid-sized businesses to reduce their lawsuit liability through auditing, education and improved compliance.

Biography

Strauss Troy Attorney John W. Fischer is a Board Certified Specialist in Labor & Employment Law. For more than 30 years, he has been engaged full-time in the private practice of management-side labor and employment law and litigation on a sophisticated level.

Significant Representations

  • Represented employers in all types of traditional labor law matters, numerous collective bargaining negotiations (as spokesperson), NLRB representation and unfair labor practice proceedings, union avoidance, representation and decertification election campaigns and approximately 100 labor arbitrations
  • Lead counsel for employers in more than 50 employment-related lawsuits, including jury trials, bench trials and appeals in state and federal courts
  • Defended claims of employment discrimination, wrongful discharge, workplace torts, public policy violations, retaliation, whistle blower protections, breach of contract, violations of state safety rules, prevailing wage rules, etc.
  • Defended complex labor and employment law cases, including large FLSA collective actions, and complex or multi-jurisdiction discrimination, non-compete | trade secret and employee benefit lawsuits (See representative reported cases)
  • Represented employers in OSHA compliance. Handled several OSHA citations and litigation, before both federal OSHA courts and state plan OSHA agencies and courts
  • Handled matters involving other regulation of employment (e.g., FMLA, WARN, government contracting) and related agency investigations and enforcement (e.g., EEOC, OCRC, KCHR, OSHA, OFCCP, other DOL divisions)
  • Handled complex labor disputes, including strikes involving several hundred employees, and multiple employers, locations, unions and bargaining units
  • Handled labor and employment law issues in several business sales and acquisitions, start ups, closings and reductions in force
  • Agency Claims - Handled more than 150 employment discrimination, retaliation, and other federal, state and local agency charges
  • Private reviews and audits of employers' human resources operations for legal compliance and best practices. Develop and implement employee handbooks, hiring, performance evaluations and disciplinary policies, and other employment-related practices and procedures. Human Resources training. Workplace investigations. Negotiate and prepare individual employment contracts.

Representative Reported Cases

  • Leonard v. Twin Towers,  6 Fed. Appx. 223, 2001 U.S. App. LEXIS 3577 (6th Cir. 2001) - Represented the defendant-employer in this age discrimination lawsuit filed by a discharged manager. The Court affirmed summary judgment for the employer.
  • Fils-Aime v. Duro Bag Mfg. Co.,  2006 N.J. Super. LEXIS 596 (App. Div. 2006) - Represented the defendant-employer in case alleging race discrimination in hiring during plant acquisition. The appellate court affirmed summary judgment for the employer.
  • Franklin v. City of Kettering,  246 F.3d 531, 6 Wage & Hour Cases 2d (BNA)1615 (6th Cir. 2001) - FLSA collective action for overtime pay filed by the City’s police officers. The Sixth Circuit affirmed summary judgment for the City. Represented the City.
  • Morrison v. Circuit City Stores,  317 F.3d 646 (6th Cir. 2003) (en banc) - Employment discrimination lawsuit challenging Circuit City’s policy requiring employees to pursue employment claims only through private individual arbitration. Represented Circuit City here and in the underlying arbitration case. The arbitrator upheld Circuit City’s discharge of a store manager and rejected her claims of race and sex discrimination. The Sixth Circuit upheld, in part, Circuit City’s mandatory arbitration agreement and did not disturb the arbitrator’s decision, which remained final.
  • O'Neal v. Kilbourne Medical Laboratories, Inc.,  2007 U.S. Dist. LEXIS 22620 (E.D. Ky. 2007) - Represented the defendant-employer in FLSA collective action for overtime pay by 100-200 phlebotomists in Ohio, Indiana, and Kentucky who were paid straight-time wages plus a bonus.  Summary judgment granted to the defendant.
  • Stern v. Union Institute, 1997 Ohio App. LEXIS 1159 (Hamilton Co. 1997) - Represented the defendant-employer against claim that the discharge of a faculty member breached his fixed-term employment contract. Obtained jury verdict, which was affirmed on appeal.
  • Valentine v. Harris and Kroger Co., 1994 Ohio App. LEXIS 1976 (Hamilton Co. 1994) - Represented both defendants - the employer (Kroger) and the employer’s supervisor (Harris) - in race and age discrimination lawsuit. Jury verdict for the defendants affirmed by the court of appeals.
  • Davon, Inc. v. Shalala 75 F.3d 1114 (7th Cir. 1996), cert. denied, 519 U.S. 808 (1996) - Represented the plaintiff Davon, Inc. in this declaratory judgment action against the U. S. Secretary of HHS and the UMWA Combined Benefit Fund, challenging the constitutionality of the Coal Industry Retiree Health Benefit Act (“Act”) under the Takings Clause and Due Process Clause of the Fifth Amendment. The Seventh Circuit rejected our argument and upheld the Act. The Supreme Court, however, later accepted the same argument and struck down the Act in Eastern Enterprises. v. Apfel, 524 U.S. 498 (1998). (I assisted in Eastern Enterprises and filed an amicus brief.) Congress then amended the Act to provide relief to Davon and others similarly situated.
  • Teamsters Local Union No. 661 v. Zenith Logistics, Inc. and Kroger Co., 550 F.3d 589, 186 L.R.R.M. 2651 (6th Cir. 2008) - Lawsuit by the Teamsters to compel three-party labor arbitration among the union, Zenith Logistics (the employer who is a party to the labor agreement with the Teamsters), and Kroger (Zenith’s predecessor and customer). The Sixth Circuit affirmed the District Court’s summary judgment for the defendants. Represented defendant Zenith Logistics.
  • Independent Elec. Contractors v. Hamilton County Div. of Pub. Works,  101 Ohio App. 3d 580, 152 L.R.R.M. 2893 (Hamilton Co. 1995), review denied, 73 Ohio.St.3d 1410 (1995) - Lead counsel for the defendants, representing ESI, Inc., an electrical contractor whose employees are members of the IBEW.  Group of nonunion contractors sued ESI, Hamilton County, and others claiming that ESI and other unionized electrical contractors failed to pay their employees the prevailing wage on government-funded construction projects because part of the employees’ union dues went to a job targeting program administered by the union to benefit unionized contractors. Both the common pleas court and court of appeals accepted our defense that the claims of the nonunion contractors were preempted by the NLRA and LMRA. This position was later adopted by the Ohio Supreme Court in J.A. Croson Co. v. J.A. Guy, Inc., 81 Ohio St. 3d 346  (1998).
  • Secretary of Labor v. Nutone, Inc.,  20 OSHC BNA 1443, 2003 OSHRC LEXIS 91 (2003) - Represented the employer in contested OSHA case alleging serious violations based on an overhead crane accident that resulted in significant injuries. Decision for the employer. Also represented the employer in the labor arbitration over the discharge of the crane operator. The Arbitrator upheld the discharge in an unreported decision.
  • Secretary of Labor v. Lion Apparel (1999) -  Represented the employer in contested OSHA case alleging that the employer improperly exposed numerous employees in multiple facilities to excessive concentrations of formaldehyde. Decision for the employer.
  • Good Samaritan Hospital and Health Center, 265 N.L.R.B. 618 (1988) - Represented employer defending claim that discharges of two employees violated the NLRA.  Decision for the employer.
  • Marker v. City of Miamisburg, 1986 Ohio App. LEXIS 6816 (Montgomery Co. 1986) - Defended the City against an employee’s wrongful discharge claims. Judgment for the City.
  • Mead Corp. v. Ohio Civil Rights Commission, 1986 Ohio App. LEXIS 7374 (Fayette Co. 1986) - Represented employer against claim of race discrimination by discharged employee. Court affirmed the common pleas court’s decision for the employer.
  • Duriron Co. v. Hill, 1983 Ohio App. LEXIS 12705 (Montgomery Co. 1983) - Represented employer-Duriron against race discrimination and retaliation claims of two discharged employees. Court affirmed the judgment for the employer.

Practice Areas

Articles, Publications & Lectures

  • Fair Labor Standards Act, contributing editor, Second Edition and Supplement (BNA-Bloomberg, ABA Labor & Employment Law Section, 2011)
  • Developing Labor Law, contributing editor, New Sixth Edition (BNA-Bloomberg, ABA Labor & Employment Law Section, 2012)
  • Labor and employment law speaker on various topics at more than 25 Continuing Legal education seminars
  • Ohio Employment Law Letter, M. Lee Smith Pub., Nashville, TN, contributed more than 175 articles (1990-2005)
  • Strauss & Troy Labor & Employment Law Newsletter, editor and writer Recent articles: Get Prepared – Avoid the Nearly Inevitable Wage & Hour Lawsuit, Strauss & Troy Labor and Employment Law Newsletter (June, 2011)
  • One-Strike Rule for Failed Drug Test is Lawful, Strauss & Troy Labor and Employment Law Newsletter (June, 2011)
  • Request to Waive Workers’ Compensation Benefits was Unlawful ADA Retaliation, Strauss & Troy Labor and Employment Law Newsletter (June, 2011)
  • Discharge Following Leave Triggers FMLA Retaliation Claim, Strauss & Troy Labor and Employment Law Newsletter (June, 2011)
  • Court Says Older Applicant has Valid Age Discrimination Case, Strauss & Troy Labor and Employment Law Newsletter (June, 2011)
  • EEOC Issues New Regulations to Expand the ADA to Cover More Employees, Strauss & Troy Labor and Employment Law Newsletter (June, 2011)
  • Do Employees have the Right to Publicly Bad Mouth Their Employers On-Line? Strauss & Troy Labor and Employment Law Newsletter (August, 2011)
  • FMLA/Maternity Leave: Employer May Place Returning Employee in Different, But Equivalent, Position, Strauss & Troy Labor and Employment Law Newsletter (August, 2011)
  • Substantial Increase in Number of NLRB Union Elections, Strauss & Troy Labor and Employment Law Newsletter (August, 2011)
  • Asking Older Workers About Retirement is Not a Sign of Age Discrimination, Strauss & Troy Labor and Employment Law Newsletter (August, 2011)
  • COBRA: Discharge for Sex Offense Conviction May Not Qualify as “Gross Misconduct,” Strauss & Troy Labor and Employment Law Newsletter (August, 2011)
  • Federal Government Launches Wage & Hour Smartphone “APP” for Employees, Strauss & Troy Labor and Employment Law Newsletter (August, 2011)
  • Are your “Independent Contractors” Legally “Employees”?, Strauss & Troy Labor and Employment Law Newsletter (October, 2011)
  • Protecting your Business with Necessary Policies and Training, Strauss & Troy Labor and Employment Law Newsletter (October, 2011)
  • Be Careful with EPLI Policies, Strauss & Troy Labor and Employment Law Newsletter (October, 2011)
  • Employee Lawfully Fired for Working Second Job During FMLA Leave, Strauss & Troy Labor and Employment Law Newsletter (October, 2011)
  • Federal Government Encourages Unionization with New Mandatory Workplace Posting, Strauss & Troy Labor and Employment Law Newsletter (November, 2011)
  • Ready or Not – Make OSHA Compliance a High Priority, Strauss & Troy Labor and Employment Law Newsletter (January, 2012)
  • Employer’s Guidelines for OSHA Inspections, Strauss & Troy Labor and Employment Law Newsletter (January, 2012)

Professional/Community Involvement

  • American Bar Association
  • Ohio State Bar Association
  • Cincinnati Bar Association
  • Kentucky Bar Association
  • American Bar Association, Labor and Employment Law Practice committees: Development of the law under the National Labor Relations Act Federal Labor Standards Legislation Occupational Safety & Health Law Outreach to Law Students Task Force, coordinator
  • Dogwood Park Project, founder & trustee, 2003 – present
  • Village of Mariemont Town Meeting, treasurer 1995 – 2007

Cincinnati Office

The Federal Reserve Building
150 East Fourth Street
Fourth Floor
Cincinnati, Ohio 45202-4018
P 513.629.9455
F 513.241.8259

www.strausstroy.com

Admitted to Practice

  • Ohio
  • Kentucky
  • U.S. Sixth Circuit Court of Appeals
  • U.S. Seventh Circuit Court of Appeals
  • U.S. Eastern District of Kentucky
  • U.S. Western District of Kentucky
  • U.S. Southern District of Ohio

Industry Experience

  • Manufacturing
  • Banking
  • Consumer Products
  • Healthcare
  • Insurance
  • Warehousing
  • Distribution
  • Transportation | Logistics
  • Construction
  • Material Manufacturing | Delivery
  • Real Estate
  • Oil | Gas
  • Mining
  • Industrial Products
  • Retail
  • Distribution
  • Government | Local
  • Government | Regional
  • Communications
  • Technology
  • Hospitality | Hotel
  • Travel | Leisure

Education

  • Case Western Reserve University College of Law (J.D.)
  • University of Cincinnati (B.B.A. Business Finance, magna cum laude)

Honors & Recognition

John W. Fischer
Martindale-Hubbell AV® Preeminent™ Attorney