People: John R. Giovannone, Partner

Photo of John R. Giovannone, Partner

John R. Giovannone

Partner

Los Angeles - Downtown
Direct: (213) 270-9643
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John R. Giovannone is a partner in the Los Angeles office of Seyfarth Shaw LLP.  A member of the Labor & Employment Department, he represents employers in the full range of employment law matters, from traditional labor to single plaintiff and class-based wage/hour, contract, discrimination, harassment, and licensing litigation.  While Mr. Giovannone’s bedrock skill set lies in employment litigation and trial advocacy, a major component of his practice involves advice and counsel so as to position his clients to avoid disputes where possible, and to prevail via litigation when necessary.

Specifically, Mr. Giovannone has litigated class actions and single plaintiff matters on behalf of employers (both domestic and international) in a wide array of industries including manufacturing, outside service and repair, financial services, defense contracting, aeronautics, commercial banking, education, childcare, retail, pharmaceutical, construction, telemarketing, information technology, package delivery, and uniform services.  Mr. Giovannone has successfully litigated class and collective actions ranging the gamut of nationwide, statewide, regional, and local scope  under a wide-range of employment laws including, but not limited to, the Fair Labor Standards Act (FLSA), Title VII, the California Fair Employment and Housing Act (FEHA), the California Labor Code including the California Private Attorneys’ General Act (PAGA), the California Education Code, the California Unfair Competition Law, the California Auto-Renewal Statute, California’s Title 22 Child Care Licensing Regulations, as well as Washington state law.  Mr. Giovannone also has extensive experience litigating issues pertaining to the interpretation and enforceability of arbitration agreements.

Mr. Giovannone has represented management before federal and California state courts, as well as federal and state administrative agencies, including, but not limited to, the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, 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.

Approximately one-third of Mr. Giovannone’s practice focuses on management-side labor relations. His traditional labor background includes several labor arbitrations (including contract interpretation, discipline, and termination matters), unfair labor practice charges, and multiple election campaigns.  He also has assisted employers in collective bargaining negotiations.

Mr. Giovannone is the co-manager of Seyfarth Shaw’s California Peculiarities Employment Law Blog.

John R. Giovannone is a partner in the Los Angeles office of Seyfarth Shaw LLP.  A member of the Labor & Employment Department, he represents employers in the full range of employment law matters, from traditional labor to single plaintiff and class-based wage/hour, contract, discrimination, harassment, and licensing litigation.  While Mr. Giovannone’s bedrock skill set lies in employment litigation and trial advocacy, a major component of his practice involves advice and counsel so as to position his clients to avoid disputes where possible, and to prevail via litigation when necessary.

Specifically, Mr. Giovannone has litigated class actions and single plaintiff matters on behalf of employers (both domestic and international) in a wide array of industries including manufacturing, outside service and repair, financial services, defense contracting, aeronautics, commercial banking, education, childcare, retail, pharmaceutical, construction, telemarketing, information technology, package delivery, and uniform services.  Mr. Giovannone has successfully litigated class and collective actions ranging the gamut of nationwide, statewide, regional, and local scope  under a wide-range of employment laws including, but not limited to, the Fair Labor Standards Act (FLSA), Title VII, the California Fair Employment and Housing Act (FEHA), the California Labor Code including the California Private Attorneys’ General Act (PAGA), the California Education Code, the California Unfair Competition Law, the California Auto-Renewal Statute, California’s Title 22 Child Care Licensing Regulations, as well as Washington state law.  Mr. Giovannone also has extensive experience litigating issues pertaining to the interpretation and enforceability of arbitration agreements.

Mr. Giovannone has represented management before federal and California state courts, as well as federal and state administrative agencies, including, but not limited to, the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, 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.

Approximately one-third of Mr. Giovannone’s practice focuses on management-side labor relations. His traditional labor background includes several labor arbitrations (including contract interpretation, discipline, and termination matters), unfair labor practice charges, and multiple election campaigns.  He also has assisted employers in collective bargaining negotiations.

Mr. Giovannone is the co-manager of Seyfarth Shaw’s California Peculiarities Employment Law Blog.

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, Northern 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 
  • National Multiple Sclerosis Society, Southern California & Nevada Chapter Board Member

Representative Engagements

Representative Class & Collective Action Cases

  • AIG Retirement Services, Inc. and The Variable Annuity Life Insurance Company (VALIC) adv. Perry-Roman (Class action involving financial advisors and the application of the outside sales and administrative exemptions)
  • AIG Retirement Services, Inc. and The Variable Annuity Life Insurance Company (VALIC) adv. Schmoekel (FLSA collective action and California law class action involving financial advisors and the outside sales and administrative exemptions)
  • Bank of America, NA. adv Contreras(and multiple consolidated actions) (California wage and hour class actions involving mortgage loan officers claiming unpaid overtime and expense reimbursement entitlement)
  • Baxter Healthcare Corp. adv. Nguyen(class action  involving production workers alleging meal/rest break, overtime, wage statement, and PAGA claims)
  • Ecolab adv. Fernando (California overtime and meal/rest break action involving service drivers)
  • GSC adv. McMahon (California overtime, record-keeping, and meal/rest break action involving security guards)
  • Hyatt adv. Alvarez (California-based unpaid wages, meal/rest break, and wage statement class action involving all non-exempt employees)
  • Piper/UBS adv. McNerney  (FLSA collective action and California law class action involving financial advisors and the application of the administrative exemption)
  • Sara Lee adv. Kaewsawang(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)
  • Smithkline Beecham Corporation, dba Glaxosmithline, PLC adv. Silverman (FLSA collective action and California law class action involving pharmaceutical sales representatives and the outside sales and administrative exemptions)
  • Smithkline Beecham Corporation, dba Glaxosmithkline, PLC adv. Stehle (FLSA collective action and California law class action involving pharmaceutical sales representatives and the outside sales and administrative exemptions)
  • Smithkline Beecham Corporation, dba Glaxosmithkline, PLC adv. Christopher and Buchanan(FLSA collective action in United States District Court of Arizona involving pharmaceutical sales representatives and the outside sales exemption)
  • Valley Presbyterian Hospital adv. Baker (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)
  • WMC MortgageCases (series of California cases regarding alleged misclassification of mortgage loan officers under the administrative exemption)

Trials, Civil Arbitrations, & Labor Arbitrations

  • Ink Systems, Inc. adv. Vardoulis  (10-day trial involving application of executive exemption and other Labor Code claims)
  • Holiday Retirement adv. [CONFIDENTIAL NAMES OF THE TWO PLAINTIFFS] (six-day arbitration in favor of a retirement community client concerning alleged employment and housing-based claims of discrimination and harassment on the basis of disability, race, and association, as well as failure to accommodate disability by married couple plaintiffs)
  • Lockheed Martin Aeronautics Company adv. [confidential single plaintiff name] (five-day civil arbitration involving whistleblower retaliation and age discrimination)
  • [CONFIDENTIAL CASE NAME] (three-day labor arbitration successfully defending a communications-industry employer in response to a claim of leave retaliation in the form of intentional misapplication of policies pertaining to company vehicle use and candor during investigations)
  • [Confidential Case Name] (one-day civil trial concerning vacation pay claim)
  • [Confidential Case Name] (two-week civil trial concerning breach of contract, fraud, and Labor Code claims)
  • [Confidential Case Name] (two-day labor arbitration advocating in favor of education-industry employer and its decision to terminate administrative employee for cause (insubordination))
  • [Confidential Case Name] (two-day labor arbitration advocating in favor of communications-industry employer and its decision to terminate service and repair employee for cause (failure to follow company policies and falsification of records))
  • [Confidential Case Name] (one-day labor arbitration advocating in favor of communications-industry employer and its decision to suspend service and repair employee for an act of non-verbal insubordination)
  • [Confidential Case Name] (one-day labor arbitration advocating in favor of communications-industry employer and its decision to suspend service and repair employee for unsafe operation of company equipment)
  • [Confidential Case Name] (three-day labor arbitration defending a communications-industry employer in response to a claim that the application of specified performance and discipline policies were being applied so as to have a disparately negative impact on employees expressly requesting union representation during workplace investigations)
  • Mr. Giovannone has also tried more than thirty pro bono matters involving criminal misdemeanor and infraction charges in Los Angeles County

Presentations & Publications

Accolades

  • Southern California Super Lawyer Rising Star (2014–present)