John T. Bauer
Employment Law - Melville, NY

Young lawyers sometimes ask me what I think annoys a client most. My usual response: "Giving a Client a 'Lawyer' Answer." What exactly does that mean? A "lawyer answer" is usually full of abstractions and impressive-sounding legal theories. In fact, a "lawyer answer" often doesn't answer the question that the client's asking.

So we strive to ensure that our answers offer clear, practical, real-world solutions, or at least work toward them. It means speaking in plain English, and not reciting legal theory. As I tell my associates, above all, be a problem solver. Clients always appreciate that.

These are complicated times for companies - of all sizes. They are facing a minefield of tough workplace regulation and potential liabilities. Although I began my career as a classic labor lawyer - addressing traditional worker matters like collective bargaining - times have steadily changed.

The Clarence Thomas hearings in the early 90s really created huge public awareness of sexual harassment in the workplace, and as a result of that, employment litigation exploded -- and it's never stopped. Even with new workplace policies, we still see plenty of related litigation.

In the last decade we have seen wage-and-hour claims explode - sometimes in entire industries, in the form of class-action litigation. As employment lawyers who work with it every day, we look for that trend to subside - but it doesn't. And we are beginning to see more and more workplace 'whistleblower' litigation as well.

Our practice today involves not simply defending, advocating, and communicating with our clients. We are also training our clients' management, reviewing workplace policies and investigating our clients' organizations for any potential problems. It's a proactive and ongoing role.

The working world has changed - but the statutes related to workplace issues have not always kept pace. One example is the Fair Labor Standards Act and the misclassification of workers. These days a terminated employee will walk into a plaintiff's lawyers' office and want to sue on grounds of wrongful termination. But, with little to go on for a wrongful termination claim, the lawyer will ask, "How did they pay you? What was your job classification?" And suddenly the terminated worker is coming back to the employer looking for back pay.

Our office is located only a few miles from the Courthouse of the Eastern District of New York, and that's important - our clients like that we're close by, that this is our home turf.

Joining Littler Mendelson has been a home run - not simply for me but for almost every senior lawyer that's joined the firm in recent years. The firm makes practicing law much easier for a good lawyer - we have more than 55 offices and we handle client matters anywhere. What's more, we can harness the knowledge of very bright and experienced employment lawyers - we are rarely starting from scratch in any case. We can send out a single email to colleagues and within minutes receive thoughtful and authoritative replies, which makes for much stronger and more efficient solutions for our clients. Very few other firms can make that claim.

There's also a tremendous collegiality at Littler Mendelson, and that helps attract first-rate talent and team players. And we have a great office here in Melville. Our lawyers are very committed to the businesses of Long Island. They want to be here.

Long Island is definitely my home turf. I had a working class upbringing, and nothing was ever handed to me. But as I reflect on it today I think that's all made me a better lawyer - certainly a more practical lawyer, grounded in common sense. I know my clients appreciate that.

John T. Bauer
"Long Island is definitely my home turf. I had a working class upbringing, and nothing was ever handed to me ... I think that's made me a better lawyer - certainly a more practical lawyer, grounded in common sense."
Phone: (631) 247-4700
Fax: (631) 293-4526
 
 
Education
State University of New York, Stony Brook, B.A. (with honors), 1983
Albany Law School, J.D. 1986 (Editor of Law Review)
 
2014-04-07 13:28:44