John McIlwee represents and counsels employers in labor and employment matters, using his written and oral advocacy skills to effectively vindicate clients at trial, throughout pre-trial litigation and in all aspects of pre-litigation dispute resolution. He has taken a lead role in more than a dozen class/collective actions involving wage and hour concerns, as well as other employment laws.
He has also counseled employers in the supply chain, retail, financial services and staffing industries on a multitude of legal issues, including compliance with federal, state and local employment laws. His strategic advice helps to minimize or eliminate exposure to class action litigation.
John has an appreciation for technology that benefits his clients: He is a proponent of the use of data analytics and artificial intelligence in human resources and legal services, and he constantly looks for opportunities to improve his practice through innovative methods. John is a contributor to BakerHostetler’s Blockchain Monitor, a blog committed to covering blockchain and distributed ledger technologies.
- Obtained dismissal of putative nationwide FLSA collective action and parallel state law class action asserting wage claims for work-related off-the-clock text and email communications.
- First-chaired jury trial to $1 million verdict in favor of client in a breach of contract case in the U.S. District Court for the Eastern District of Virginia.
- Defeated conditional certification of nationwide collective action for a provider of inspection services to the property and casualty insurance industry, where a former field representative alleged violations of minimum wage and overtime provisions of the FLSA purportedly arising out of the employer’s piece-rate payment system.
- Defeated class certification for a movie rental chain brought by employees who alleged the client failed to pay them for off-the-clock work. A federal judge denied to certify class based on the plaintiffs’ failure to establish common claims.
- Advised clients on compliance with Title VII, ADAAA, FMLA, FLSA, ADEA, OFCCP, WARN Act, parallel state statutes and local laws, state wage payment acts and restrictive covenants.
- Conducted internal investigations related to whistleblowing activities, alleged discrimination and harassment, and represented employer in investigation conducted by state attorney general.
- American Bar Association
- Chicago Bar Association
- Illinois State Bar Association
Community : Johnny’s IceHouse Adult Hockey League: Player, Captain and Manager
- J.D., Loyola University Chicago School of Law, 2010, CALI Award recipient in Transnational Dispute Resolution and Evidence; Philip H. Corboy Fellowship recipient in Trial Advocacy
- B.A., The University of Iowa, 2006
- U.S. District Court, Northern District of Illinois, Trial Bar
- U.S. District Court, Central District of Illinois
- U.S. District Court, Northern District of Indiana
- U.S. District Court, Southern District of Indiana
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