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John Gerak

Managing Director || Cleveland

Traditional Labor Relations, Employment Law, Wage and Hour, Ethics Compliance and Whistleblower Response, RIF/WARN, Higher Education
Healthcare, Hospitality, Manufacturing

John Gerak focuses his practice on employment counseling, including employment policies and practices, reductions in force, executive hires/terminations, and issues arising out of mergers and acquisitions.  John also has significant experience handling complex employment litigation, including class and collective action litigation and non-compete matters.

Traditional Labor Relations, Employment Law, Wage and Hour, Ethics Compliance and Whistleblower Response, RIF/WARN, Higher Education
Healthcare, Hospitality, Manufacturing
Learn more about John Gerak

John has handled a broad range of litigation matters for a diverse group of clients, including hospitals, restaurants, manufacturers, nursing homes, industrial distributors, financial institutions and transportation and logistics companies.  John has defended these and other employers on claims arising under various labor and employment laws before administrative bodies and in federal and state courts throughout the country.

Education

Admittance to Practice

Professional Activities

  • National Association of College and University Attorneys (NACUA) (2017-present)
  • Employment Law American Inn of Court
  • APG Alumni Board for the Penn State University Labor Studies and Employment Relations Department

Speeches

Insights by John Gerak

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New Changes to Section 19 Raise Questions for De Minimis Offenses, Regulation Z

Recently enacted changes to Section 19 of the Federal Deposit Insurance Act (Section 19) eased the restrictions on financial institutions when hiring individuals with criminal records, but the changes left some open questions regarding (i) the “de minimis” standard, and (ii) whether the changes to Section 19 effectively amended the Consumer Financial Protection Bureau’s (CFPB) Regulation Z (Reg Z), which applies to loan originators through Reg Z’s incorporation of Section 19 by reference.

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Congress Eases Criminal Offense Restrictions for Employment With Financial Institutions

Included in the defense spending bill signed by President Biden in December 2022 is a section with key provisions for financial institutions that will ease restrictions on hiring candidates with criminal records. Section 5705 in the National Defense Authorization Act (NDAA) for Fiscal Year 2023, titled “Fair Hiring in Banking,” further narrows convictions that would constitute a bar to employment under Section 19 of the Federal Deposit Insurance Act (Section 19) absent a written waiver by the Federal Deposit Insurance Corporation (FDIC).

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FDIC Loosens Requirements for Employment With Financial Institutions

On July 24, 2020, the Federal Deposit Insurance Corporation (FDIC) released a final rule to revise and codify into the agency’s regulations the FDIC’s Statement of Policy (SOP) on Section 19 of the Federal Deposit Insurance Act. Section 19 generally prohibits any person from participating in banking who has been convicted of a crime “involving dishonesty, breach of trust, or money laundering, or who has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for any such offense,” without first obtaining written consent from the FDIC. The SOP provides guidance relating to Section 19 and the FDIC’s application of the statute.

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Cincinnati City Council Passes Ordinance Prohibiting Salary History Inquiries

In a thinly veiled attempt to steal the spotlight from Cleveland, the new destination city for the National Football League, on March 13, 2019, the Cincinnati City Council passed Ordinance No. 83-2019, titled Prohibited Salary History Inquiry and Use, barring employers from inquiring about or relying on job applicants’ salary histories.

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Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations

On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a new interpretation of a regulation that deviates significantly from a previously adopted interpretation, is not consistent with the APA.

 

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