| Biography:
John P. Barry is a partner in Proskauer Rose’s Labor and Employment Law Department, resident in the Firm’s Newark office. He is also co-head of the Department’s Non-Compete and Trade Secret Practice Group.
John is experienced in representing management in a wide range of employment and labor law matters in both New Jersey and New York. He provides counsel and litigates cases concerning compliance with equal opportunity laws, disability, harassment, retaliation, family leave, wage and hour, privacy, contract, handbook, restrictive covenants, force reduction and general discrimination laws. He conducts training in sexual harassment and related areas.
As co-head of the Non-Compete & Trade Secret Practice Group, John litigates and counsels clients concerning employee movement between competitors, with emphasis on the meaning, enforceability and drafting of various types of restrictive covenants, such as non-competition, non-solicitation and confidentiality provisions.
John’s practice extends across several key industries, including food services, financial services, pharmaceutical, arts and entertainment, technology and wireless communications.
John regularly appears before various administrative and judicial bodies in both New York and New Jersey, including the Department of Labor, New York’s State Division on Human Rights, New Jersey’s Division on Wage and Hour Compliance and Division on Civil Rights, the Equal Employment Opportunity Commission and federal and state courts.
A noted author and speaker, John frequently writes and speaks on employment-related topics. He is the author of, among others, the following:
- "Thou Shall Not Lie: Using Evidence of an Untruthful Plaintiff When Defending Wrongful Discharge Claims,” 185 The New Jersey Law Journal 42 (2006)
- “The Arrival of the New Affirmative Action Regulations,” The New Jersey Labor and Employment Law Quarterly, Spring 2001
- “The Preclusive Effect of Benefits-Related Admissions on Discrimination Claims Under the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD),” The New Jersey Labor and Employment Law Quarterly, Fall 2000
- “Excluding ‘Me, Too’ Evidence – How to Keep Co-Workers with Similar Grievances Off the Witness Stand in Discrimination Trials,” 155 The New Jersey Law Journal 28 (2000); Employment Law Strategist, February 2000
John has also written on other employment law-related topics including:
- “Despite Good Intentions ‘Technical’ Violation of Warn Act Triggers Liability”
- “Punitive Damages Deemed Available and Proper in FLSA Retaliation Suit – Case of First Impression in SDNY”
- “New York’s Highest Court Confirms Trigger Standard for ‘Employee Choice Doctrine’ Governing Forfeiture of Post-Employment Benefits for Violating Non-Compete Covenants”
- “The New Mixed-Motive Standard Has Arrived”
- “Continuing Violations – The Supreme Court Bars Stale Claims of Discrete Acts of Discrimination and Retaliation, but Permits Hostile Work Environment Claims Based on Long-Passed Acts to Proceed”
- “A Key Opinion On Partnership Agreements in N.Y.”
John has been quoted by the National Law Journal and other publications regarding employment law, privacy in the workplace and restrictive covenants.
John has been recognized by New Jersey Super Lawyers as a “Rising Star” and has also been named in The Best Lawyers in America and “Top 40 Under 40” by New Jersey Law Journal.
John received his J.D. from Boston University School of Law in 1994 and graduated with his B.A, cum laude, from Harvard University in 1991.
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