John B. Dudrey

John Dudrey's practice focuses on wage and hour compliance, representation of employers with unionized workforces, complex advice and counsel matters, and general labor and employment practice. John is particularly knowledgeable in the area of Oregon wage and hour law and is frequently relied upon by clients, large and small, as well as business lobby groups and members of the Oregon legislature, for his specialized expertise. In all areas of his practice, John combines his detailed knowledge of the law with practical business sense to help clients identify and achieve real-world solutions.

Prior to joining Stoel Rives, John was head law clerk at the U.S. Attorney’s Office for the District of Oregon.

Education

Lewis & Clark Law School, J.D., 2008, summa cum laude; Format and Style editor, Lewis & Clark Law Review; Member, Cornelius Honor Society

University of Oregon, B.A., Journalism, 2004

Admissions

Oregon

Washington

United States District Court for the District of Oregon

United States Court of Appeals for the Ninth Circuit

John is an experienced attorney with expertise in all aspects of labor and employment law, with a special emphasis in traditional labor matters, wage and hour matters, and advice and counseling matters. Significant case experience includes the following:

Traditional Labor Matters

• Representation of concrete company in negotiations for a new collective bargaining agreement with the Teamsters union.
• Representation of Washington public sector client in multiple rounds of bargaining for new collective bargaining agreements with public employee unions.
• Representation of international client that manufactures and retails its own products in a union organizing campaign. Among other tasks, conducted numerous trainings with managers on compliance with the National Labor Relations Act (NLRA), advised management on retention of outside labor consultants and overall persuasion strategy, and represented the client in two unfair labor practice charges that were dismissed by the National Labor Relations Board (NLRB). The organizing campaign concluded without an election petition having been filed.
• Representation of regional health care provider in numerous unfair labor practice proceedings before the NLRB, obtaining either dismissals or favorable settlements in each instance.
• Representation of national and regional health care providers in numerous grievances filed by labor unions representing the providers’ employees alleging violations of the applicable collective bargaining agreements, including contract-interpretation and discipline cases.
• Representation of large utility in unit-clarification proceeding in which affected employees were ruled to be outside the bargaining unit.
• Representation of manufacturing employer in unfair labor practice charge alleging that employer terminated employee because of union-organizing activity. Persuaded NLRB not to pursue charges or to seek 10(j) injunction in federal court.
• Representation of international manufacturing employer in months-long organizing campaign that resulted in two-dozen separate unfair labor practice charges. Persuaded NLRB not to pursue the majority of the charges and negotiated favorable resolution regarding the remaining charges. Union subsequently withdrew its election petition.

Employment Advice and Counseling

• Advised national service station on a substantial update to its meal period, rest period, and timekeeping rules for the States of Oregon and Washington. Our work required a deep understanding of Oregon and Washington law on these topics, as well as a practical understanding of the client’s day-to-day operations.
• Representation of numerous medical practices on Oregon and Washington’s respective requirements that health care workers be fully vaccinated against COVID-19 unless the worker is entitled to a reasonable accommodation on the basis of disability or religion.
• Representation of independent hospital in creating template employment agreements for its employed physicians. In addition to understanding the client’s operations, the project required intimate knowledge of state and federal law regarding such topics as wage and hour, equal pay, and the enforceability of restrictive covenants, as well as health care regulatory compliance issues.

Wage and Hour Litigation and Compliance Assistance

• Representation of national retail client in a putative class action. Prevailed on motion that prevented plaintiff from pursuing a class action for penalty wages under Oregon law, then negotiated a favorable settlement with plaintiff individually.
• Representation of large manufacturing employer in state and federal class actions based on alleged off-the-clock work and missed meal periods. Negotiated a favorable settlement for the client.
• Representation of well-known local restaurant chain in federal class and collective action based on allegation that restaurant did not pay overtime wages required under Oregon and federal law. Negotiated a favorable settlement for the client.
• Representation of national retail client in federal class and collective action based on unlawful rounding practices and failure to company with state meal period rules. Negotiated a favorable settlement for the client.
• Representation of large health care provider in federal class and collective action based on allegation that employees were not properly compensated for working time. Negotiated favorable settlement for the client.
• Representation of public sector client adverse to the Oregon Bureau of Labor and Industries (BOLI) in one of the largest prevailing-wage investigations in state history. Negotiated a favorable settlement that did not require payment of liquidated damages.
• Representation of employer in complex employment tax audit conducted by Oregon Employment Department regarding whether individuals providing software-related services were properly classified as independent contractors. Negotiated favorable resolution for client.

Employment Discrimination Litigation and Compliance Investigations

• Representation of national tool manufacturer in a federal case in which employee alleged violations of state and federal family and medical leave laws. Prevailed on summary judgment.
• Representation of international manufacturing client; prevailed on summary judgment motion dismissing six of seven claims for relief, then negotiated favorable settlement for client on remaining claim.
• Obtained no-cause findings in numerous administrative charges before BOLI and the Equal Employment Opportunity Commission (EEOC).

Unfair Competition Litigation

• Representation of software development company in obtaining a temporary restraining order and subsequent stipulated injunction that precluded a former employee from working for competitor in violation of his non-competition agreement.
• Prevailed at arbitration on behalf of individual defendant who argued that his non-competition agreement with his former employer was unenforceable.
• Representation of defendants in state court litigation in which large financial institution alleged that former employees violated non-solicitation and other restrictive covenants. Negotiated favorable settlement following partial summary judgment victory.

Insights & Presentations

• Frequent contributor to Stoel Rives’ World of Employment blog
• “Paid Leave Oregon & OFLA: The Latest and Greatest,” Stoel Rives LLP webinar, June 2024
• “How Oregon's New Paid Leave and Family Leave Rules Will Affect Employers” (co-author), Portland Business Journal, June 14, 2024
• “What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges” (co-author), Stoel Rives LLP, May 15, 2024
• “Major Court Decisions and Legal Updates,” SHRM/Stoel Rives 22nd Annual Labor and Employment Law Conference, March 2024
• “NLRB Updates – Recent Decisions and Rules Affecting Union and Non-Union Employers,” Stoel Rives LLP webinar, December 2023
• “Criminal Issues Facing the Workplace,” SHRM/Stoel Rives 21st Annual Labor and Employment Law Conference, March 2023
• “Legislative and Legal Updates,” SHRM/Stoel Rives 21st Annual Labor and Employment Law Conference, March 2023
• “Companies navigate the return to work” (panelist), How Oregon Works Thought Leader Roundtable, Portland Business Journal, December 2022
• “Employers Must Consider Whether Temporary Impairments Are Disabilities” (co-author), Portland Business Journal, June 2022
• “Important Changes to Nondisclosure and Settlement Agreements,” Stoel Rives LLP webinar, June 2022
• “Labor Law Update,” SHRM/Stoel Rives 20th Annual Labor and Employment Law Conference, March 2022
• “The ETS Is Dead (Mostly): Now What?” Stoel Rives LLP webinar, January 2022
• “Humana FLSA Case Shows Risks Of Nurse Misclassification,” Law360, November 2021
• “Mental Health in the 2021 Workplace,” Stoel Rives LLP webinar, September 2021
• “2 Things for Manufacturers to Keep in Mind About Mental Health Issues in the Workplace” (co-author), Portland Business Journal, November 2021
• “NLRB Changes and What They Mean for You,” Stoel Rives LLP webinar, July 2021
• “Mask or Vaccine: What Employers Can (and Cannot) Ask,” Oregon Business & Industry webinar, May 2021
• “The Latest and Greatest in Oregon Employment Law,” Stoel Rives LLP webinar, April 2021
• “OSHA Workplace Safety: Understanding and Mitigating Risk,” SHRM/Stoel Rives 19th Annual Labor and Employment Law Conference, March 2021
• “Webinar—Back-to-Work from Home,” Stoel Rives LLP, December 2020
• “Webinar—Oregon COVID-Related OSHA Rules Update,” Stoel Rives LLP, November 2020
• “Taming the Covid Chaos Part 7: Union Management Issues,” Stoel Rives LLP webinar, May 2020
• “Paid Leave Developments,” SHRM/Stoel Rives 18th Annual Labor and Employment Law Conference, February 2020
• “Breakout Session: Advanced ADA,” SHRM/Stoel Rives 17th Annual Labor and Employment Law Conference, February 2019
• “What workers and businesses should know about the Oregon DHS background check process” (co-author), Portland Business Journal, November 2018
• “Lightning Round: Stay Anchored With Top 10 Practical Tips,” SHRM/Stoel Rives 16th Annual Labor and Employment Law Conference, February 2018
• “Exploring the Rough Waters of Wage and Hour Issues,” SHRM/Stoel Rives 16th Annual Labor and Employment Law Conference, February 2018
• “Labor and Employment Breakfast Briefing: Oregon Legislative Update,” Stoel Rives LLP, October 2017
• “Issues Facing Employers with a Primarily ‘Graying’ Workforce and a Primarily ‘Millennial’ Workforce,” SHRM/Stoel Rives 15th Annual Labor and Employment Law Conference, March 2017
• “Wage and Hour Update (Focus on New Oregon Paycheck Law and Check-in on DOL Exempt Status Rules),” SHRM/Stoel Rives 15th Annual Labor and Employment Law Conference, March 2017
• “Wage and Hour: A Course in Legal Diagnostics,” Stoel Rives Breakfast Seminar, June 8, 2016
• “Significant Wage and Hour Pitfalls,” SHRM/Stoel Rives 14th Annual Labor and Employment Law Conference, March 2016
• “Wage and Hour Basics,” SHRM Rogue Valley Chapter May Legal Seminar, May 15, 2014
• “Litigation 101: What Every HR Professional Should Know,” SHRM/Stoel Rives 12th Annual Labor and Employment Law Conference, March 2014
• “ORS 652.150: Tips to Address and Resolve Loopholes in the Statute’s 12-Day Safe Harbor Provision,” The Verdict, OADC, 2014
• “Supreme Court Holds ‘Donning and Doffing’ Protective Equipment Qualifies as ‘Changing Clothes,’” The Verdict, OADC, 2014

• Included in Best Lawyers^®: Ones to Watch in America (Labor and Employment Law—Management, Litigation—Labor and Employment), 2021–present
• Listed among Rising Stars (Employment Litigation: Defense), Oregon Super Lawyers^®, 2013–2018

Professional

• Stoel Rives Coaching and Mentoring Committee, Member and Chair, 2013–present
• Multnomah Bar Association, Member
• Oregon State Bar, Civil Rights Section Executive Committee, Former Member
• Portland State University Professional Development Center, Employee & Labor Relations Course, Instructor, Spring/Summer 2011

Civic

• Donate Life Northwest, Board Member, 2020–present
• Campaign For Equal Justice Associates Committee, Former Member