Overview

For more than 40 years, John F. McCarthy has exclusively represented employers in virtually every aspect of the employee-employer relationship, appearing on behalf of management before state and federal courts in more than 100 bench and jury trials, the National Labor Relations Board, the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, and the Department of Labor Wage and Hour Division. He has specific experience with:

  • Title VII of the Civil Rights Act
  • The Age Discrimination in Employment Act
  • The Americans with Disabilities Act
  • The Family and Medical Leave Act
  • The National Labor Relations Act
  • The Fair Labor Standards Act
  • AIR 21 – Wendell H. Ford Aviation and Reform Act

Board certified in labor and employment law by the Texas Board of Legal Specialization, he regularly represents clients in all areas of traditional labor law, from helping companies to maintain a union-free environment to handling union organizing campaigns, collective bargaining, unfair labor practice charges, and arbitrations.

John has represented management clients in numerous arbitrations, including cases involving:

  • Discipline and discharge
  • Severance claims
  • Subcontracting issues
  • Contract interpretation matters
  • Termination/enhanced severance agreement disputes
  • Alleged breach of non-competition agreements
  • Post-termination claims of wrongful discharge

He also has been involved in numerous mediations, both private and court-ordered, involving age, race, disability, sexual harassment and sexual discrimination claims.

John frequently speaks on numerous labor and employment-related topics, such as age discrimination, disability discrimination, drug testing, sexual harassment and individual employee rights.

John is a founding partner of Littler Mendelson's Dallas office. Previously, he was a partner at a Dallas-based firm, where he was head of the labor section.

Professional & Community Affiliations

Member

Labor and Litigation sections

American Bar Association

Member

Labor Law Subcommittee

Texas Association of Business

Member

Employee Relations Committee

Texas Association of Business

Member

Labor and Employment Counsel

Texas Printing Institute

Pro Bono Volunteer

LIFT

Pro Bono Volunteer

Habitat for Humanity Project

Dallas Bar Association

Pro Bono Volunteer

Equest and Senior Citizens of Greater Dallas

Pro Bono Volunteer

Senior Citizens of Greater Dallas

Pro Bono Volunteer

Dallas Historical Society Foundation

Former Member, Board of Directors

Senior Citizens of Greater Dallas

Former Chairman

Labor Law Subcommittee

Texas Association of Business

Recognition

Named, The Best Lawyers in America©

1993-2020

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Education

  • J.D., University of Texas School of Law, 1971With Honors
  • B.B.A., Southern Methodist University, 1969

Bar Admission

Texas

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 5th Circuit
  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 11th Circuit
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas