John (Jack) R. FitzGerald is a labor and employment lawyer who counsels and represents clients across the United States in all aspects of employment law.

Jack offers comprehensive knowledge and experience with non-compete and trade secret law, spanning all US-based jurisdictions. His extensive experience includes a business-focused approach to advising clients on their enterprise-wide strategy for restrictive covenants with key employees, on integration of restrictive covenants in mergers and acquisitions, and drafting employment and non-compete agreements for executives and other high-ranking employees, as well as evaluating such agreements for enforceability. Jack is well-versed in leading training on protecting trade secrets and reviewing and revising policies and processes to help protect trade secrets. Jack also has experience litigating restrictive covenants and trade secret misappropriation, both as plaintiff and defendant.

Jack regularly handles complex wage-and-hour matters under the federal Fair Labor Standards Act (FLSA) and similar state laws, including extensive experience with wage-and-hour laws throughout the Midwest. Jack takes an aggressive approach to defending against wage-and-hour claims, which has often resulted in favorable settlements secured before class certification. Jack also routinely counsels clients on wage-and-hour compliance; including with respect to independent contractors, exempt versus non-exempt status, regular rate issues and concerns, off-the-clock payment obligations, overtime calculations, and much more.

Jack has significant experience defending employers in OSHA matters, including multiple fatality cases. He has represented employers in all phases of OSHA investigations and litigation, from the commencement of an inspection and an opening conference through litigation and appeals to the Occupational Safety and Health Review Commission. In addition to OSHA, Jack’s safety and health experience includes experience defending against the Mine Safety and Health Administration (MSHA) and various state agencies with OSHA-approved state plans. Jack is also well-versed in leading OSHA and other safety-related trainings, evaluating compliance with the regulatory mandates of the OSH Act, and recordkeeping and management under the applicable OSHA regulations.

Jack has experience advising clients on public accommodations laws and litigating public accommodations cases, including successfully securing summary judgment for a major stadium operator and stadium owner defeating a novel theory of law seeking to create liability for hosts of professional sporting events that involve unpopular fan expression.

Appellate work is also a significant aspect of Jack’s practice. He has experience in state and federal appellate courts, including the United State Supreme Court, the Seventh, Ninth, Tenth, and Eleventh Circuits, and the Wisconsin courts of appeals and the Wisconsin Supreme Court. Among other issues, Jack has a wealth of experience in appellate matters involving the Federal Arbitration Act.