People: Joshua M. Henderson, Partner

Photo of Joshua M. Henderson, Partner

Joshua M. Henderson

Partner

San Francisco
Direct: (415) 544-1079
Los Angeles - Downtown
Direct: (213) 270-9688
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Joshua Henderson is a partner in the Labor & Employment Department of Seyfarth Shaw LLP, and is the national vice chair of the firm’s Labor & Employee Relations Group. He represents management in various industries in a broad range of labor and employment litigation and counseling. 

Mr. Henderson is a trusted advisor and experienced litigator on traditional labor law matters. His practice includes Board litigation, collective bargaining for first and successor contracts, discharge and contract interpretation arbitrations, strikes and secondary boycotts, elections, and Section 301 litigation. Through his workplace safety and health practice, Mr. Henderson provides strategic yet practical advice on compliance with workplace safety regulations, and defends employers in administrative litigation before OSHA and Cal/OSHA, among others. His practice also encompasses other complex employment litigation matters, including wage and hour class actions, EEOC systemic litigation, and defense of retaliation, discrimination, and sexual harassment claims.

A prolific legal writer, Mr. Henderson has been published extensively on labor and employment issues and legal developments. He serves on the Editorial Board of Bender’s California Labor & Employment Bulletin. He is a former judicial law clerk for the Honorable Saundra Brown Armstrong, United States District Court for the Northern District of California, and is a classically trained musician and baritone.

Representative Litigation Experience

Mr. Henderson’s recent litigation experience includes:

  • Prevailing in discharge arbitrations involving workplace violence, alcohol use, unsafe driving, and clerical errors, among others
  • Securing the denial of a grievance in a contract interpretation arbitration involving the use of subcontractors
  • Prevailing before an NLRB Regional Director in a challenge to union’s petition to hold an expedited election when a substantial majority of the proposed bargaining unit was on seasonal layoff
  • Prevailing in trial of OSHA workplace fatality citation on the grounds of lack of employer knowledge of the alleged violation
  • Obtaining summary judgment in wage-hour putative class action for staffing company
  • Obtaining summary judgment in sex discrimination, harassment, and retaliation case for national payroll services company, and prevailing before the Ninth Circuit on the plaintiff’s appeal
  • Securing dismissal of an EEOC systemic sex discrimination complaint on behalf of staffing company
  • Prevailing in motion to transfer venue of a wage-hour misclassification case from California to Tennessee

Joshua Henderson is a partner in the Labor & Employment Department of Seyfarth Shaw LLP, and is the national vice chair of the firm’s Labor & Employee Relations Group. He represents management in various industries in a broad range of labor and employment litigation and counseling. 

Mr. Henderson is a trusted advisor and experienced litigator on traditional labor law matters. His practice includes Board litigation, collective bargaining for first and successor contracts, discharge and contract interpretation arbitrations, strikes and secondary boycotts, elections, and Section 301 litigation. Through his workplace safety and health practice, Mr. Henderson provides strategic yet practical advice on compliance with workplace safety regulations, and defends employers in administrative litigation before OSHA and Cal/OSHA, among others. His practice also encompasses other complex employment litigation matters, including wage and hour class actions, EEOC systemic litigation, and defense of retaliation, discrimination, and sexual harassment claims.

A prolific legal writer, Mr. Henderson has been published extensively on labor and employment issues and legal developments. He serves on the Editorial Board of Bender’s California Labor & Employment Bulletin. He is a former judicial law clerk for the Honorable Saundra Brown Armstrong, United States District Court for the Northern District of California, and is a classically trained musician and baritone.

Representative Litigation Experience

Mr. Henderson’s recent litigation experience includes:

  • Prevailing in discharge arbitrations involving workplace violence, alcohol use, unsafe driving, and clerical errors, among others
  • Securing the denial of a grievance in a contract interpretation arbitration involving the use of subcontractors
  • Prevailing before an NLRB Regional Director in a challenge to union’s petition to hold an expedited election when a substantial majority of the proposed bargaining unit was on seasonal layoff
  • Prevailing in trial of OSHA workplace fatality citation on the grounds of lack of employer knowledge of the alleged violation
  • Obtaining summary judgment in wage-hour putative class action for staffing company
  • Obtaining summary judgment in sex discrimination, harassment, and retaliation case for national payroll services company, and prevailing before the Ninth Circuit on the plaintiff’s appeal
  • Securing dismissal of an EEOC systemic sex discrimination complaint on behalf of staffing company
  • Prevailing in motion to transfer venue of a wage-hour misclassification case from California to Tennessee

Education

  • J.D., George Washington University Law School, with honors (1996)

  • B.A., University of Notre Dame, with high honors (1993)
    Phi Beta Kappa

Admissions

  • California
  • Illinois

Courts

  • California Supreme Court
  • Illinois Supreme Court
  • U.S. Court of Appeals for the Seventh 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 Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Indiana

Presentations

  • “Heat Stress and Illness: Tips to Protect California Workers and Comply with Cal/OSHA’s Strict Requirements,” BLR Events Cal/OSHA Summit, Costa Mesa, CA (October 2017)
  • “Recent Developments at the NLRB and Subsequent Compliance Tips,” West Coast Labor University, Seyfarth Shaw LLP (November 2016)
  • “San Francisco Health Care Security Ordinance: New Notice Obligations and Year-End Deadlines,”  Webinar (December 2011)
  • “Social Media and the Workplace: What Every Employer Should Know,” Webinar (January 2010)
  • “Managing Your Workforce in a Down Economy: Guidance for the Proactive Employer,” Palo Alto, CA (October 2008)
  • “Flexibility: The Future of Work,” panelist at workplace flexibility conference, San Francisco, CA (June 2008)
  • “Silicon Valley Employment Workshop: 2008 California Employment Law Update,” Palo Alto, CA (June 2008)
  • “San Francisco Health Care Security Ordinance: A New Mandate for Employers,” presentation to the Northern California Human Resources Association (March 2008)
  • “New Rules Issued: Implementing San Francisco’s Paid Sick Leave Ordinance,” NCHRA presentation (August 2007)
  • “Introduction to Labor Relations Law,” sponsored by the Society for Human Resource Management, San Jose State University (November 2006)
  • “Critical Staffing Issues During a Bioevent,”  Legal Preparedness for Pandemic Flu Conference, San Francisco, CA (April 2006)

Publications