Emphasis
Unfair Trade Practices/Non-Compete Agreements
Employment Litigation
Class Actions
Traditional Labor and Arbitration
Sales Commissions and Employment Contracts
Biography
The office managing shareholder for Littler's Virginia office, Mr. Flaherty's practice encompasses all areas of employment and labor law, including litigation and advice involving both individual and class action matters. His advises clients in industries ranging from technology to finance and construction to education and range from the Global 1000 to emerging businesses. He also has experience in representing independent schools and industry associations.
Mr. Flaherty has litigated a wide range of employment cases in Virginia, Maryland and throughout the Eastern United States. He is experienced in federal court class action litigation under the employment discrimination laws and the wage-hour laws, as well as in multi-plaintiff litigation in harassment and downsizing cases. His experience in this regard includes:
- Successfully defending a major chemical producer in sex and race discrimination class action lawsuits under Title VII; and
- Defending a significant federal wage and hour class action sponsored by the United Food and Commercial Workers' (UFCW) Union.
Mr. Flaherty has also successfully defended clients in actions filed by the Equal Employment Opportunity Commission and the Lawyers Committee for Civil Rights.
On the traditional labor side, Mr. Flaherty has negotiated labor contracts, handled arbitrations and defended unfair labor practice charges brought by unions and the National Labor Relations Board through hearing and appeal. He has also represented and advised employers in several industries in, election campaigns, strikes, picketing and hand billing campaigns.
Education
J.D., Boston College, 1975, Editor-in-Chief, Law Review; Stetson University College of Law, 1972-73
B.A., Yale University, 1972, Aide to A. Bartlett Giamatti
Law Clerk to Hon. W. Arthur Garrity, Jr., U.S. District Court. Boston, MA 1975-1976
Publications
"New Code of Ethics Requirements for All Employees of NYSE and NASDAQ Listed Companies"
"U.S. Supreme Court Expands Employer Liability for Retaliation Under Title VII"
"Health Law Likely to Impact Sales Commissions"
"Sympathy Strikes, Arbitration policy and the Enforceability of No-Strike Agreements"
Lectures & Presentations
Compensation Landmines: Examining Commission Plans, Bonuses and Employment Agreements - 2010 Employer Conference
Status of the Reform Agenda - Update on Federal Developments in Year One of the Obama Administration (December 2009)
The Employee Free Choice Act, Fairfax County Bar Association, Employment Law Section CLE (May 2009)
RIFs & Restructuring, 2009 WMACCA Employer Program
The Gathering Storm - New Laws/New Rules (December 2008)
Secrets, Lies and Workplace Treason: Avoiding the High Costs of Unfair Competition (September 2008)
2008 Employer Conference - Littler's Washington D.C. Update
The Employee Free Choice Act, 2007 WMACCA (April 2007)
VA CLE - Drafting and Enforcing Contracts in the Employment Context
Honors & Awards
Chambers USA - America's Leading Lawyers for Business" (Virginia - Employment, 2004 - 2010)
Recognized in the 2007-2010 editions of The Best Lawyers in America
Virginia Super Lawyers 2006-2009
Voted among "The Legal Elite, Virginia's Top Lawyers in Labor/Employment," Virginia Business (2000, 2001 and 2003 through 2005)
Cases/Courts/Judges
Admitted to practice: Virginia, Massachusetts, and Maryland
Admitted in: First, Third, Fourth, Fifth, Sixth and Seventh Circuits, and the United States Supreme Court