Norton Rose Fulbright US LLP
Related services and key industries
Josh Henderson is an Employment and Labor partner in San Francisco and Los Angeles. He represents employers in a variety of industries in a broad range of employment and labor litigation and counseling.
Josh has practiced management-side labor relations law for nearly 25 years. Clients look to him for advice in navigating the ebbs and flows of this highly-regulated area of the law. His practice includes NLRB litigation; collective bargaining; due diligence in connection with corporate mergers and acquisitions; arbitrations, strikes and secondary boycotts, union elections, and related litigation. Also, through his national workplace safety and health practice, he provides strategic and practical advice on compliance with workplace safety regulations and defends employers in OSHA litigation in California and across the United States.
Additionally, his practice also encompasses other complex employment litigation matters, including wage and hour class actions, EEOC systemic litigation, and defense of retaliation, discrimination and sexual harassment claims.
Josh previously served as a judicial law clerk for the Honorable Saundra Brown Armstrong of the United States District Court for the Northern District of California.
JD, with honors, George Washington University Law School, 1996
BA, with high honors, Phi Beta Kappa, University of Notre Dame, 1993
- California State Bar
- Illinois State Bar
Recent significant experience:
- Successful defense in separate arbitrations of a company's use of productivity standards and use of subcontractors.
- Provided advice to employer in the hospitality industry during weeks-long strike
- Represented clients in first and successor labor contract negotiations, including one that resulted in the union's decertification
- Prevailed in discharge arbitrations involving workplace violence, alcohol use, unsafe driving, and clerical errors, among others.
- Prevailed before the NLRB in a challenge to union's petition to hold an expedited election when a substantial majority of the proposed bargaining unit was on seasonal layoff.
- Favorable outcome in OSHA workplace fatality citation on the grounds of lack of employer knowledge of the alleged violation.
- Granted summary judgment in wage-hour putative class action for staffing company.
- Granted summary judgment in sex discrimination, harassment, and retaliation case for national payroll services company, and prevailed before the Ninth Circuit on the plaintiff's appeal.
- Secured dismissal of an EEOC systemic sex discrimination complaint on behalf of staffing company.
- Succeeded on motion to transfer venue of a wage-hour misclassification case from California to Tennessee.
- Labor and Employment Star, Benchmark Litigation, Euromoney Institutional Investor PLC, 2020-2021
- Contributing Editor, California Labor Law Digest (California Chamber of Commerce)
- Editorial Board, Bender's California Labor & Employment Bulletin
- Contributing Editor, The Developing Labor Law
- "Key Decisions from the Cal/OSHA Appeals Board in 2013," Bender's California Labor & Employment Bulletin, January 2014
- "Who's Afraid of Employment Arbitration? Richey v. AutoNation and Enhanced Scrutiny of Employment Arbitration Decisions," Bender's California Labor & Employment Bulletin, March 2013
- Workplace Safety Complaints and Retaliation: An Analysis of Labor Code Section 6310," Bender's California Labor & Employment Bulletin, November 2012
- "Duran, 'Trial by Formula,' and the Limits of Statistical Sampling in Putative Class Actions," Bender's California Labor & Employment Bulletin, May 2012
- "'Serious' Revisions to Cal/OSHA and More on the Horizon: What AB 2774 and SB 829 Mean for Employers," Bender's California Labor & Employment Bulletin, September/October 2011
- "Ripe for Review: Employment Law Cases and Issues That May Draw the United States Supreme Court's Attention During the Upcoming Term," BNA Daily Labor Report, August 29, 2011
- "Heat Stress and Illness: Tips to Protect California Workers and Comply with Cal/OSHA's Strict Requirements," BLR Events Cal/OSHA Summit, Costa Mesa, CA, October 2017
- "Recent Developments at the NLRB and Subsequent Compliance Tips," West Coast Labor University, San Francisco, CA, November 2016
- "San Francisco Health Care Security Ordinance: New Notice Obligations and Year-End Deadlines," Webinar, December 2011
- "Social Media and the Workplace: What Every Employer Should Know," Webinar, January 2010
- "Managing Your Workforce in a Down Economy: Guidance for the Proactive Employer," Palo Alto, CA, October 2008
- "Flexibility: The Future of Work," panelist at workplace flexibility conference, San Francisco, CA, June 2008
- "Silicon Valley Employment Workshop: 2008 California Employment Law Update," Palo Alto, CA, June 2008
- "San Francisco Health Care Security Ordinance: A New Mandate for Employers," presentation to the Northern California Human Resources Association, March 2008
- "New Rules Issued: Implementing San Francisco's Paid Sick Leave Ordinance," NCHRA presentation, San Francisco, CA, August 2007
- "Introduction to Labor Relations Law," sponsored by the Society for Human Resource Management, San Jose State University, November 2006
- "Critical Staffing Issues During a Bioevent," Legal Preparedness for Pandemic Flu Conference, San Francisco, CA, April 2006
Publication | June 9, 2021
Publication | June 4, 2021
California Court of Appeals clarifies standard for aiding and abetting harassment claim under the FEHA
Publication | June 4, 2021
Court of Appeal issues "sweet" opinion affirming the denial of class certification in meal break case
Publication | June 4, 2021