Arent Fox
ATTORNEY BIO
Harry I Johnson, III

Harry I Johnson, III
November 11, 2011
  • Partner
  • Los Angeles, CA
213.443.7567
harry.johnson@arentfox.com

Harry Johnson is a partner in the Labor Employment & OSHA practice group. His practice and experience cover the full range of management-side labor and employment law.

Harry’s civil litigation practice focuses on litigation of California and federal wage-hour cases and related wage-hour compliance counseling. Harry regularly defends clients in complex wage-hour class and collective action litigation under both California and federal law, with prior experience in more than 35 cases. He has handled ten of these class actions with Arent Fox in 2011-2012. Harry also provides compliance/auditing advice to reduce or eliminate the exposure of businesses that have to operate under California’s detailed but broad-ranging statutory requirements related to pay and working hours.

Harry also represents clients in the traditional union/labor field. This includes National Labor Relations Board unfair labor practice and representation proceedings in the area of administrative law. Beyond this core area, Harry also represents employers in union representation campaigns, union corporate campaigns, labor arbitrations, collective bargaining, labor-management relations, labor-related advice for mergers and acquisitions, and federal and state labor injunction cases.

In addition, Harry has extensive experience in all other areas of management employment defense, including California and federal employment discrimination cases; administrative California Division of Labor Standards Enforcement cases; and general management-side civil employment litigation, counseling, arbitration, and mediation. In the area of discrimination law, he has advised employers on issues such as disparate impact and treatment claims of alleged racial, sexual, age, national origin, disability, and sexual orientation discrimination; harassment claims and investigations; retaliation claims; and disability accommodation and leaves. Harry also has counseled clients concerning enforceable employment arbitration policies after AT&T Mobility v. Concepcion, family and other protected leaves, handbook review, employee competition issues, plant closings, the employee/labor aspects of mergers and acquisitions, layoffs, and employment contract drafting and claims.

In July 2011, Harry was recognized by the Daily Journal as one of the Top 75 Labor and Employment Attorneys in California. He has also been noted in Superlawyer magazine in Los Angeles every year since 2008.

Client Work

Select current clients include: Panda Restaurant Group, Chevron U.S.A., Warner Bros. Entertainment, Disney Parks and Resorts, The Walt Disney Company, Krispy Kreme Doughnut Company, Peet’s Coffee & Tea, Grifols USA, Inc., ConAgra,  Macy’s Inc., Bristol Farms, Diesel USA, Staff Pro, The Aerospace Corporation, Penske Automotive Group, and Bridgelux.

Select representations include:

  • Defending employer in misclassification class action alleging that assistant managers were eligible for overtime, meal and rest breaks, and waiting time penalties.
  • Defending employer in “off the clock” and break class action alleging that non-exempt employees are entitled to overtime, meal and rest breaks, waiting time penalties, wage statement penalties, and various other LCPAGA penalties.
  • Defended FLSA nationwide collective action for off-the-clock work.
  • Defending employer in class action alleging that non-exempt employees are entitled to overtime, meal and rest breaks, waiting time penalties, wage statement penalties, and that employees were coerced to purchase uniforms.
  • Defending employers in class action by employees alleging that they were not provided with suitable seating under the Wage Orders.
  • Defended employer in various just cause and contract interpretation labor arbitrations.
  • Oversaw employment and wage-hour compliance review for employer.
  • Advised employer on union relations and negotiations. 

Previous Work

Prior to joining Arent Fox, Harry was a partner at one of the largest law firms in the world, serving as the practice coordinator for the labor and employment group in its Los Angeles office. There, his representations included the following:

  • Represented a major telecommunications company in the full range of unfair labor practice and labor arbitration defense, and traditional labor advice and counseling
  • Defended an international software company and obtained a “no cause” finding in a case of alleged discrimination and protected leave rights violations
  • Defended a major pharmaceutical company and won summary judgment dismissals of multiple wage and hour class actions brought under California and other state laws where the plaintiffs contended that the company misclassified pharmaceutical sales representatives as exempt from state-law overtime requirements
  • Defended a nationwide provider of security guard services against a California wage and hour class action
  • Won several dismissals of wage and hour class actions brought against the nation’s premier retailer and department store chain and successfully defended its employee arbitration policy
  • Represented a national leader in the grocery retailing industry in a putative wage and hour class action brought by employees, with important victories at both trial court and appellate levels
  • Defended a leading homebuilder against putative wage and hour class action filed by onsite sales coordinators
  • Represented a pest control company in arguing on appeal that a state law overtime exemption for drivers of hazardous materials applied to employees in a wage-hour class action involving approximately 400 drivers, and in proceedings to vacate a negative arbitration award
  • Represented a major California health system against a wage-hour class action alleging multiple California Labor Code violations
  • Represented a major client in drafting a voluntary election campaign conduct agreement to minimize disruption and negative feelings arising from a hotly contested union representation campaign
  • Represented a grocery retailer in negotiations over a potential card check and neutrality agreement with a union
  • Represented several grocery retailers in union corporate campaigns
  • Represented a major telecommunications company and affiliates in NLRB union-related successor litigation and other litigation related to their acquisitions and spinoffs 

Professional Activities

Harry presents and produces “After Hours,” a video podcast designed primarily for in-house counsel and human resources professionals who deal with employment law matters. Using individual podcasts devoted to discrete issues, Harry covers both best practices for legal compliance and recent developments in employment law. The program draws from the realm of wage-hour law, union/management legal and collective bargaining issues, and the wide range of employment law issues generally, but with a particular emphasis on California law and legal developments. Harry hopes to offer the viewer a valuable, informative but also humorous perspective, all in the context of a brief podcast that you can watch at your convenience from your device. The program is available for automatic download to your computer and mobile device through iTunes.

Publications, Presentations, and Recognitions

Harry’s published works and speaking presentations include:

  • “After Hours” labor and employment video podcast series 2010-2012 (25+ episodes)
  • “Wage & Hour Update,” 2012 California Employment Law Review, December 6, 2012
  • “Common Mistakes Employers Make in Arbitration Agreements - And How to Avoid Them” HR Options webinar, September 27, 2012
  • “Sea Change for Class Action Waivers or Flash in the Pan,” Association of Corporate Counsel March 2012 Teleconference, March 2012
  • “Tricks and Treats from the Wage-Hour Crypt: The Worst and Best Developments for Employers,” 2011 Arent Fox California Employment Review, October 2011
  • “Retailer Employment Law Challenges,” 6th Annual National Retail Tenants Association Conference; September 12, 2011
  • “Employment Issues for the Entrepreneur,” UCLA Business School Global Entrepreneurship Conference; August 11, 2011
  • “Dukes v. Walmart: Future Employment Guidance and Defenses,” Arent Fox Legal Alert; June 24, 2011
  • “AT&T Mobility Re-Opens the Issue of Employment Arbitration Agreements and Class Action Waivers,” BNA’s Class Action Litigation Report, Vol. 12, No. 11, June 10, 2011
  • “More and More Effective Corporate Campaigns,” American Conference Institute’s Advanced Forum on Labor Relations Conference, New York, New York, October 2010
  • Inside the Minds: The Impact of Recent Regulatory Developments in Employment Law, July 2010
  • “Catholic Bishops Issue ‘Respecting the Just Rights of Workers’,” AHA Health Care Labor Report; July/August 2009
  • “Significant Labor and Employment Initiatives of the Obama Administration and 111th Congress,” Association of Business Trial Lawyers Report, Orange County, Vol. XI, No. 1; July 2009
  • “Creating Workable Arbitration Agreements in the Post-Gentry Era,” Employee Relations Law Journal, co-written with George S. Howard; winter 2008
  • “Individual Arbitration,” Focus & Forum, Los Angeles Daily Journal; July 31, 2007
  • “Who Let the Weingarten Rights Out? The National Labor Relations Board Compounds Earlier Error by Supreme Court,” Michigan State Law Review; spring 2002
  • “California Labor Update,” Los Angeles, California; January 28, 2010
  • “Defense Strategies for Wage-Hour Class Mediations,” Irvine, California; October 8, 2009
  • “Preparing for Employment Legislation from the Obama Administration and the 111th Congress: The Employee Free Choice Act and Much More,” Costa Mesa, California; April 29, 2009
  • “Latest Developments in Labor and Employment Legislation, Regulation and Enforcement,” Washington, DC; March 19, 2009
  • “Employment Law Update: The Start of a New Era,” 2009 Health Care Labor & Employment Symposium, Scottsdale, Arizona; March 4, 2009
  • “The New Employment Law Landscape,” 2009 Health Care Labor & Employee Relations Symposium, Scottsdale, Arizona; March 2-4, 2009
  • “Employee Free Choice Act Briefing,” Los Angeles, California; January 8, 2009
  • “Wage and Hour Litigation and Developments: Recent Trends, New Types of Cases, and What to Expect in 2009,” Los Angeles, California; September 18, 2008
  • “Arbitration Agreements and Class Actions,” American Conference Institute's 2007 Wage & Hour Claims and Class Actions Conference, New York, New York; April 2007 

Life Beyond the Law

Harry is an avid runner, biker, a fan of history and historical fiction. He is married with two daughters.

Bar and Court Admissions

  • California Bar
  • District of Columbia Bar
  • Virginia Bar
  • US District Court, Northern District of California
  • US Court of Appeals, 9th Circuit
  • US District Court, Central District of California

Education

Harvard Law School
, JD
Tufts University, The Fletcher School of Law and Diplomacy
  ( MALD )
Johns Hopkins University
, BA
  ( Phi Beta Kappa )

Practices

  • Commercial Litigation
  • Labor & Employment

Industries

  • Automotive
  • Hospitality
  • Media & Entertainment

Areas of Focus

  • Class Action Defense
  • Dealers
  • Distributors
  • Employment Litigation
  • Executive Compensation
  • Labor & Employment
  • Labor & Employment
  • Labor Management Relations
  • Manufacturers
  • Suppliers
  • Awards & Recognitions

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