Josh Waxman is the office managing shareholder of Littler’s Washington, D.C. office, and is a member of the firm’s Board of Directors. Josh has a wide-ranging labor and employment law practice with a primary focus on complex labor and employment litigation and strategic labor advice. He represents clients across the country in connection with state and federal class and collective action, single-plaintiff and multi-plaintiff litigation and traditional labor matters, as well as matters before government agencies, including the Department of Labor, National Labor Relations Board and Equal Employment Opportunity Commission. Josh also serves on the firm’s Class Action Strategic Review Committee, providing class action guidance and resources to Littler lawyers across the country.
Josh has substantial experience advising, managing and litigating wage and hour class and collective actions for clients in a variety of industries, including retail, hospitality, financial services, technology, computer services, manufacturing, restaurant and travel. He also advises employers with respect to compliance measures that reduce wage and hour disputes and other employment-related issues. He has handled a wide range of wage and hour matters, including claims alleging:
- Misclassification
- “Off-the-clock” work
- Failure to provide meal periods and rest breaks
- Improper calculation of overtime compensation
- Failure to reimburse for business expenses
- Joint employment with respect to wage and hour issues
His extensive experience providing strategic advice in connection with labor-management relations matters concerning collective bargaining and union organizing under the National Labor Relations Act includes:
- Representing a manufacturing employer at the first decertification causation hearing in NLRB history
- Defending an employer who validated a decertification election despite the existence of unfair labor practices preceding the union’s request for an election
- Providing strategic labor advice and bargaining strategy for a manufacturer in connection with its collective bargaining negotiations with two different unions
- Representing a gaming industry client as lead negotiator in its collective bargaining negotiations
- Representing clients before the State Department in an international labor dispute
Josh was one of four Littler attorneys responsible for the creation and development of the Littler Xmpt Toolkit, which was recognized in December 2016 by the Financial Times with a commendation in its North America Innovative Lawyers awards.
In 2010, Josh was invited to participate in a meeting of the Investment Subcommittee of the State Department’s Federal Advisory Committee on International Economic Policy where he provided input concerning their examination of the United States National Contact Point’s role in resolving alleged violations of the OECD Guidelines for Multinational Enterprises.
Josh is a chapter editor to the Collective Actions chapter (Chapter 19) of the American Bar Association (ABA) Section of Labor and Employment Law’s Fair Labor Standards Act treatise published by the Bureau of National Affairs (BNA), as well as a contributing editor for the ABA’s Developing Labor Law treatise. He provides editorial oversight for the firm's publications related to wage and hour law.
Prior to joining Littler, Josh was a partner in a prominent labor and employment practice group at another firm where his focus was complex class action and employment litigation, as well as traditional labor law matters. While in law school, he was a member of the Articles Review Board of the Virginia Law Review and president of the Virginia Employment and Labor Law Association.
