John H. Haney

John H. Haney is a Los Angeles labor and employment attorney, and a member of Holland & Knight's Labor, Employment and Benefits Group.

Mr. Haney represents employers in a variety of matters involving wage and hour compliance, wrongful termination, discrimination, retaliation, harassment, leave and reasonable accommodation laws, workers' compensation, employee/independent contractor classification, exempt/nonexempt employee classification, trade secret protection, reductions in force, union matters, internal investigations, executive compensation, benefits, payroll and staffing agency vendors. In addition, he has experience with employment on-boarding, corporate transactions, state and federal agency investigations, single-plaintiff actions, wage and hour class actions, Private Attorneys General Act (PAGA) representative actions, occupational safety and health regulations, and COVID-19 workplace issues. Mr. Haney has worked with employers in a variety of industries such as logistics, technology, restaurants, airlines, hotels, finance, manufacturing, universities, agriculture, real estate, white collar, retail and startups, among others.

In addition, Mr. Haney regularly handles matters in day-to-day counseling, pre-litigation negotiations, and litigation before state and federal courts, and government agencies such as the California Division of Labor Standards Enforcement (DLSE), California Department of Fair Employment and Housing (DFEH), California Unemployment Insurance Appeals Board (CUIAB), California Workers' Compensation Appeals Board (WCAB), California Division of Occupational Safety and Health (Cal/OSHA), and the U.S. Equal Employment Opportunity Commission (EEOC). Mr. Haney also conducts high-level training on a variety of topics such as harassment, discrimination and retaliation prevention, and is experienced in the creation and drafting of employee handbooks, settlement agreements, severance agreements, trade secret protection agreements, arbitration agreements, and other employment agreements and policies.

Mr. Haney's representative matters include:

• secured dismissals or favorable settlements in more than 50 employment matters before state and federal agencies, including the California Labor Commissioner, California Department of Fair Employment and Housing (DFEH), California Unemployment Insurance Appeals Board (CUIAB), U.S. Equal Employment Opportunity Commission (EEOC) and California Division of Occupational Safety and Health (Cal/OHSA)
• secured order granting contested complete summary judgment in California state court in wrongful termination employment case
• secured favorable settlements in numerous wage and hour class action, collective action, and Private Attorneys General Act (PAGA) matters
• obtained temporary restraining order, preliminary injunctions, and eventual stipulated judgements against former employees of client that engaged in misappropriation of trade secrets and defamation, among other things
• obtained successive temporary restraining orders barring client's competitor from punitively enforcing unlawful non-competition agreement and from compelling arbitration against client's employee
• established independent contractor status of individual performing services for Los Angeles production company after contested merits hearing before the CUIAB
• secured order granting contested partial summary judgment in owner-operator truck driver misclassification action, with the court finding that the federal Truth-in-Leasing Regulations preempted certain claims brought under the California Labor Code
• secured order granting contested partial summary judgment in a multi-plaintiff federal court case involving claims for overtime, as well as claims for meal and rest period violations, restitution, expense reimbursements, wage statement violations, and waiting time and other statutory penalties
• secured order granting contested motion to dismiss in action filed against motor carrier
• secured order granting contested petition to compel arbitration of employment claim

Labor and Employment Law Advice for Native American Tribes and Related Organizations

Also a member of the firm's Native American Law Team, Mr. Haney has significant experience advising Native American Tribes and related organizations on key labor and employment matters. He counsels clients on matters such as the applicability of federal and state employment laws to Tribes, employment best practices from a Tribal sovereignty perspective, COVID-19 workplace issues, internal investigations and labor union matters as they may impact Tribes and Tribal-owned enterprises.

Mr. Haney is a member of the Seminole Nation of Oklahoma and is chair of Holland & Knight's Native American Affinity Group. The Native American Affinity Group's goal is to recruit, retain, promote, support, and encourage the firm's Native American attorneys, and to promote the practice of Native American law in general.

During law school, Mr. Haney served as an extern for the Honorable S. James Otero of the U.S. District Court for the Central District of California and as a student clerk for the Hualapai and Hopi Tribal Appellate Courts. Mr. Haney also served as the president of the UCLA Native American Law Students Association.

Tribal Membership

• Seminole Nation of Oklahoma

Tribal Affiliation

• Creek Nation of Oklahoma
• Choctaw Nation of Oklahoma