Highlights

Practice Areas & Industries

Bar/Court Admissions

  • Pennsylvania
  • Florida

Education

  • J.D., cum laude, Order of the Coif, Law Review, University of Pittsburgh School of Law, 1970
  • B.A., Cornell University, 1967
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John E. Lyncheski

John E. Lyncheski
Director
412.297.4900
jlyncheski@cohenlaw.com

With more than 35 years' experience, John focuses his practice in management labor relations law and has been selected for The Best Lawyers in America, Chambers U.S.A. America's Leading Business Lawyers, and for Who's Who in American Law. One of the founding members of Cohen & Grigsby, P.C. John counsels and represents private and public sector management on labor board proceedings, negotiations, personnel decisions, mergers, acquisitions, consolidations and divestitures, discrimination claims, employee and union litigation and advises clients in labor disputes and resistance of union organizational efforts. Besides having a prominent history as a national public speaker, John has authored numerous regional and national articles on labor and employment law topics. He is the author of "How to Keep Your Employees from Suing You (and How to Win if They Do)," which will soon be released.

John's areas of concentration include:

  • Any and all areas of employment and labor law representing management
  • Healthcare

Representative Publications

  • Quoted, “Health Workers saying "union, yes," Modern Healthcare (February 4, 2008)
  • Quoted, “AAHSA - An HR Makeover: Are Your Policies Up to Date?”
  • Quoted, “Train Supervisors to Avoid Termination Mishaps,” Housing the Elderly Report (January 2004)
  • Quoted, “Know the Basics of Hiring to Avoid Lawsuits Later,” Housing the Elderly Report (December 2003)
  • Contributing Writer, The American Health Lawyers Association Health Information and Technology Practice Guide, 2nd Edition (Spring 2003)
  • Co-author, “HIPAA-The Healthcare Employer's Perspective,” Hospital News (December 20, 2002)
  • Author, “The Impact of HIPAA on Employers,” Health Lawyers News (December 2002)
  • Quoted, "Are Male OB/GYNs Headed for Extinction?” Medical Economics (October 2002)
  • Co-author, “Waffle House Shouldn't Make You Waffle About Mandatory Arbitration of Employment Claims,” Hospital News (September 23, 2002)
  • Author, “Keeping the Unions at Bay – With Unions More Active in Long-Term Care Than Ever, How Can You Keep Your Facility Union-Free?” Nursing Homes Long Term Care Management (May 2002)
  • Co-author, “Does the Beverly Settlement Foretell the Future for All Healthcare Employers,” Hospital News (March 20, 2002)
  • Co-author, “OSHA Settlement Has Far Reaching Implications for All Healthcare Employers,” AHLA Labor and Employment Newsletter (Winter 2002)
  • Co-author, “Can Employers Rest Easy Now That OSHA's Ergonomics Standard is History?” Assisted Living Success (January 2002)
  • Co-author, “Zero Tolerance, The Best Medicine for Workplace Violence,” Assisted Living Success (Sourcebook 2002)

Representative Speeches/Presentations

  • "Organizing Trends and Tactics in Union Activity - The Pennsylvania Story" - HAP Effective Workplace Strategies in the Face of Union Challenges, Harrisburg, PA (May 22, 2008)
  • "Unions Are Coming to Florida & Taking Up Residence: Will You Be Ready?" - HRMA of Southwest Florida 7th Annual Tri-County HR Conference, Estero, FL (May 21, 2008)
  • "Employment Law 101," "Dealing with Government Agencies Enforcing Employment Laws," "Update on Union Activity and Tactics," and "Legal Issues with Substance Abuse" (4-Part Labor Certification Track) - ACHCA 2008 Convocation, Cincinnati/Northern Kentucky (May 17, 2008)
  • "Employment Law for Long Term Care Administrators and Managers" - OHCA 2008 Annual Convention & Exposition, Columbus, OH (May 6, 2008)
  • "Labor Disputes: Concerted Activity; Protected or Not, and What Employers Can Do About It" - Live ACHCA Webcast ("What Happens When Nurses Walk Out Without Warning?") (March 31, 2008)
  • "Labor & Employment Law Issues Currently Impacting Healthcare" - PBI 14th Annual Health Law Institute, Philadelphia, PA (March 12, 2008)
  • "The Unions Are Coming: Will You Be Ready?" - 2008 FALA Legislative Days, Tallahassee, FL (Feb. 19, 2008)
  • "Recent Developments in Labor & Employment Law Impacting Hospitals & Health Systems" - AHLA Hospitals and Health Systems Law Institute, Orlando, FL (Feb. 15, 2008)
  • "Labor and Employment Law: Minefields and How to Avoid Them" - Entrepreneurs Law School, Florida Gulf Coast University, Fort Myers, FL (Jan. 26, 2008)
  • "Dealing with Substance Abuse in the Workplace" - HR Collier, Naples, FL (Jan. 23, 2008)
  • "Employment Law 101," "Dealing with Government Agencies Enforcing Employment Laws," "Update on Union Activity and Tactics"; and "Legal Issues with Substance Abuse" – ACHCA 2007 Winter Marketplace (December 7, 2007)
  • "The Political Agendas of Business and Labor in 2008" – Southwestern Pennsylvania Chapter of the Labor and Employment Relations Association (LERA) (November 9, 2007)
  • "A 'How To' Teleconference: Arbitrating Healthcare Cases" (Moderator) – AHLA ADR Task Force (November 8, 2007)
  • "The Unions Aren't Coming, They're Here – Will You Be Ready?" – Labor and Employment Seminar (October 30, 2007)
  • "Employment Laws for Long-Term Care Providers" and Effective Employee Discipline & Discharge Practices" – AAHSA 2007 Annual Meeting (October 23, 2007)
  • "Workforce Planning for an Avian Flu Pandemic" – HR Florida 2007 Annual Conference (October 3, 2007)
  • "Human Resources and Workforce Planning for a Bird Flu Pandemic – Will You Be Ready? – ASHHRA 2007 Annual Conference (September 30, 2007)
  • "When is an 'Independent Contractor' Legally an 'Employee' and What are the Consequences?" – Labor and Employment Seminar (September 27, 2007)
  • "Unions are Coming to Florida and Taking Up Residence: Will You Be Ready?" – Human Resource Management Association, Edison College (September 25, 2007)
  • "Unions Are Moving Into Assisted Living and Are Coming to Florida – Will You Be Ready?" – FALA 2007 Annual Conference (August 16, 2007)
  • "This Plan Will Work: Reducing Labor Relations Headaches" – FAHSA Annual Convention and Exposition (July 30, 2007
  • "The Legal and Practical Issues of Dealing with Substance Abuse in the Workplace" – AHLA Annual Meeting (June 25, 2007)
  • "The Why's, Wherefore's and What If's of Employment Agreements" – Labor and Employment Seminar (April 19, 2007)
  • "Employment Law 101", "Hiring Right – Firing Right: Practical Tips to Avoid Employment Claims" and "Frequently Misunderstood Employment Laws" – Labor Certificate Program – ACHCA Annual Convocation (April 16, 2007)
  • "Hot Topics in Labor and Human Resource Law in LTC" – Leadership Health Care Spring 2007 National LTC Conference/Exhibit (March 20, 2007)
  • "Employing Foreign Nationals from an Immigration and Employment Law Perspective – Labor and Employment Seminar (March 15, 2007)
  • "Hot Topics in Labor & Employment Law Impacting LTC" – AHLA Long Term Care and the Law (February 22-23, 2007)
  • "Firing Right! – A Primer for Effective Discipline and Termination with Minimal Risk" – Labor and Employment Seminar (February 15, 2007)
  • "Human Resource and Workforce Planning for a Potential Bird Flu Pandemic – Will You Be Ready?" – HRMA of SW Florida (February 14, 2007)
  • "Combating and Eliminating Harassment in the Workplace" – Labor and Employment Seminar (January 25, 2007)
  • "Employment Law 101: Planning for an Avian Flu Pandemic;" "An Analysis of the FLSA and Other Employment Laws and Recent Decisions Impacting Long Term Care;" "Union Organizing in Long Term Care: The Change to Win Coalition" and "Corporate Campaign Tactics and Tips to Remain Union Free" – ACHCA 2006 Annual Winter Marketplace (December 8, 2006)
  • "Employment Laws 101," Cohen & Grigsby Seminar (March 14, 2006)
  • "Hiring Right - Firing Right: Practical Tips to Avoid Employment Claims," The Oklahoma Association of Homes and Services for the Aging 2006 Annual Conference (March 9, 2006)
  • "Recent Developments in Labor Employment and Human Resource Law Impacting Long Term Care Providers," American Health Lawyers Association Long Term Care and the Law Conference (February 16-17, 2006)
  • Moderator, "Roundtable Discussion of Employment and Labor Issues Affecting Long Term Care Operations," Labor and Employment PG Luncheon (February 15, 2006)
  • "Hiring Right" Practical Tips for Effective Interviewing and Selection," American College of Health Care Administrators Winter Marketplace (December 2, 2005)
  • "Hiring Right – Firing Right: Tips to Avoid Liability" and "Employment and Labor Law Issues Associated with Increased Dependence on Technology," American Association for Homes and Services for the Aging 2005 Annual Meeting and Exposition (November 7-10, 2005)
  • "Hiring Right – Tips For Effective Recruiting, Interviewing and Selection," Tri County Specialty Contractors Association, Ft. Myers, FL (October 11, 2005)
  • "Hiring Right – Firing Right: Practical Tips to Avoid Liability," Florida Assisted Living Association and Florida Health Care Association 2005 Annual Conference (July 5-8, 2005)
  • "Hot Topics In Labor and Employment Law," American Health Lawyers Association 2005 Annual Meeting (June 27-29, 2005)
  • "The Fair Labor Standards Act and How the New 'White Collar' Exemption Regulations Will Affect Health Facilities" and "Union Activities and Tactics Affecting Health Care," American Health Lawyers Association 2005 In-House Counsel Program (June 25-29, 2005)
  • "Minimizing Risks of Employment Practices Liability and an Update on Changes to Fair Labor Standards Act," Empire State Association of Assisted Living Facilities 2005 Conference (May 15-18, 2005)
  • Co-presenter, "Hiring Right – Firing Right Practical Tips to Prevent Being Sued by Your Employee," Lifespan's 24th Annual Conference and Exposition (May 10-13, 2005)
  • "Assisted Living Legal Update" and "Unions Aren't Coming to Assisted Living -- They're Here!" ALFA 2005 National Conference & Expo (May 4-6, 2005)
  • "Update on Developments in Traditional Labor Law and Union Activity," Ohio Health Care Association 2005 Annual Convention and Exposition (April 18-21, 2005)
  • "Revised Overtime Regulations Under the FLSA: What You Need to Know," ACHCA Annual Conference & Exposition (April 16-19, 2005)
  • Co-presenter, "Hot Topics in Labor, Employment and Human Resource Law in Long Term Care," Leadership Health Care Spring 2005 National LTC Conference/Exhibit (March 14-16, 2005)
  • Co-presenter, "An Update on the Fair Labor Standards Act and How the New 'White Collar' Exemption Regulations Will Affect Long Term Care Facilities," AHLA Long Term Care and the Law Conference (February 23-25, 2005)
  • "Minimizing Risks of Employment Practices Liability! How to Avoid Being Sued by Your Employees" and "Tips for Dealing With Government Agencies Administering Employment Laws," American Association of Homes and Services for the Aging's Annual Meeting & Exposition (October 27, 2004)
  • "Understanding and Complying with the New FLSA 'White Collar' Overtime Exemptions," ACHCA's 2004 Winter Marketplace (December 4-6, 2004)
  • "Update of New NLRB Cases, Union Activity and Union Tactics Affecting Health Care," Kentucky Health Law Conference (December 10, 2004)
  • "Practical Tips: Update on Union Activity and Tactics in Long Term Care," HR Development Forum (October 25, 2004)
  • "Revised Overtime Regulations Under the FLSA - What You Need to Know," Georgia-ALFA Conference (September 29, 2004)
  • "An Update on NLRA Decisions and Healthcare Union Activity," American Society for Healthcare Human Resources Administration's Annual Conference (July 25-28, 2004)
  • "A Look at What's New and Different In Employment Law, at the NLRB and With the Unions Targeting Healthcare Facilities," American Health Lawyers Association's In-House Counsel Program and Annual Meeting (June 27-30, 2004)
  • "Department of Labor 541 Regulations Regarding White Collar Exemptions—How These New Wage and Hour Regulations will Affect the Healthcare Industry," American Health Lawyers Association Teleconference (May 26, 2004)
  • "Winning Labor Cases: An Update on Union Activity and How to Win Your NLRB Case in Assisted Living," Empire State Association of Adult Homes and Assisted Living Facilities 2004 Conference (May 17, 2004)
  • "What Does the Fair Labor Standards Act Mean to Me?" Assisted Living Federation of America's 2004 National Conference and EXPO (May 7, 2004)
  • "Be Safe, Not Sorry! Preventing Workplace Violence and Handling Workplace Security," American College of Health Care Administrator's 38th Annual Conference and Exposition (April 19, 2004)
  • "Be Safe, Not Sorry! Strategies for Preventing Workplace Violence," American Health Lawyers Association Teleconference (February 24, 2004)
  • "Hiring Right Firing Right: Building The Proper Pre- Hire File And Pre-Termination Record," American Health Lawyers Association Hospitals and Health Systems Program (February 12-13, 2004)
  • "Tips For Dealing With the EEOC, NLRB, DOL and Other Government Agencies Administering Employment Laws," American Health Lawyers Association Long Term Care and the Law Program (February 18-20, 2004)
  • Panelist, Labor and Benefits Panel, American Association of Homes and Services for the Aging's CEMO (Chief Executives of Multi-Facility Organizations) Fifteenth Annual Winter Retreat (January 30, 2004)
  • "Recognizing and Diffusing the Seeds of Employee Discontent," American College of Health Care Administrators 10th Annual Winter Marketplace (December 7, 2003)
  • "Hiring Right – Firing Right: Practical Tips to Avoid Employment-Related Lawsuits" and "Hot Topics in Labor, Employment and Human Resource Law for Long Term Care Providers: Case Studies," American Association of Homes and Services for the Aging's Annual Meeting & Exposition (October 27, 2003)
  • "Be Safe, Not Sorry: Preventing Workplace Violence and Handling Workplace Security," Florida Health Care Association and Florida Assisted Living Affiliation 2003 Annual Conference (July 28, 2003)
  • "Mergers and Acquisitions: Have You Done Your Labor Law Due Diligence?" American Health Lawyers Association Annual Meeting (June 30, 2003)
  • "Recognizing and Diffusing the Seeds of Employee Discontent," American College of Health Care Administrators Annual Convocation (April 29, 2003)
  • "Case Studies On Emerging Employment and Labor Law Issues in the Healthcare Workplace," American Health Lawyers Association's Long Term Care and the Law Program (February 20-21, 2003)
  • "An Update on Healthcare Union Activity and NLRB Cases Affecting Union Organizing in Healthcare," American Health Lawyers Association's Hospitals and Health Systems Law Institute Program (February 7, 2003)
  • "Traditional Labor Issues," American Health Lawyers Association Teleconference (January 30, 2003)
  • Moderator, "A Look at the Increased Use of Nontraditional Employment Relationships in Healthcare," American Health Lawyers Association Teleconference (January 9, 2003)
  • "Hiring Right-Firing Right: Practical Tips to Avoid Employee Lawsuits" and "Recognizing and Diffusing the Seeds of Employee Discontent," Florida Assisted Living Affiliation (November 13, 2002)
  • "Hot Topics in Employment and Human Resource Law for Long Term Care," Leadership Healthcare National Long Term Care Conference Fall 2002 (November 12, 2002)
  • "Be Safe, Not Sorry! Preventing Workplace Violence and Handling Workplace Security" and "An Rx for Long Term Care Providers for Remaining Union Free," American Association of Homes and Services for the Aging 41st Annual Meeting (October 28 & 29, 2002)
  • "Labor and Employment Issues Affecting Assisted Living Providers – Case Studies," Assisted Living Federation of America Fall 2002 National Conference and Expo (October 12, 2002)
  • "Lessons Learned: Tips from the Trenches to Remain Union Free in the New Millennium," American Society of Healthcare Human Resources Administration (July 30, 2002)
  • "Employment Issues Affecting Interns and Residents" and Panel Member, "Mandatory Arbitration and Healthcare Employment," American Health Lawyers Annual Meeting (July 1 & 3, 2002)
  • "An Rx for Long Term Care Providers," "Case Studies in Emerging Labor and Employment Issues" and "Hiring Right – Firing Right," Lifespan's 21st Annual Conference (May 8 & 9, 2002)
  • "Hot Topics in Labor and Employment Law," American College of Health Care Administrators Annual Convocation (May 6, 2002)
  • Moderator and Presenter, "Immigration Legal Issues Encountered in Addressing the Nursing Shortage Crises," American Health Lawyers Association Teleconference (April 30, 2002)
  • "Preventing, Eliminating and Defending Harassment in the Workplace: Avoiding Legal Landmines in Employment Practices Liability," American Association of Legal Nurse Consultants Thirteenth Annual Education Conference (April 19, 2002)
  • "Mandatory Arbitration in Employment – The Impact of the Supreme Court's Decisions in Waffle House and Circuit City and the Practical Realities of Implementing a Mandatory Arbitration Program" American Health Lawyers Association Teleconference (March 6, 2002)
  • "Current Trends in Collective Bargaining in the Health Care Industry," Industrial Relations Research Association (March 6, 2002)
  • "Hot Topics in Labor and Employment Law," American Health Lawyers Association Long Term Care and The Law Program (February 27 & March 1, 2002)

(Information on publications/presentations pre-2002 available on request.)

Memberships

  • Federal Bar Association
  • Pennsylvania Bar Association (Alternative Dispute Resolution Committee, Health Care Law Committee)
  • Florida Bar (Labor Law Section, Health Law Section)
  • Board of Directors, Associate Member, Director-at-Large, Florida Assisted Living Affiliation
  • Member, American Health Lawyers Association (Member, Board of Directors; Chair, Labor and Employment Practice Group; Member, ADR Task Force; Member, Long Term Care Practice Group; Member, Board Practice Group Committee, 2005 - ; Member, Board Program Planning Committee, 2005 - )
  • Dispute Resolver, American Health Lawyers Association Alternative Dispute Resolution Service
  • Member, Assisted Living Federation of America and Member of Legal Advisory Council, 2000-2004
  • Member, Society for Human Resource Management
  • Member, AHA American Society for Healthcare Risk Management
  • Member, AHA American Society for Healthcare Human Resources Administration
  • Member, Nominating Committee, American College of Health Care Administrators
  • Member American College of Health Care Administrators (ACHCA) (Member of Board of Directors; By-Laws Committee Chair)
  • Member, Chair of By-Laws Committee, President, Board of Directors, Pennsylvania Chapter, ACHCA
  • Board of Advisors, OSHA Compliance Insider for Health Care Facilities
  • Member, Pennsylvania Assisted Living Association
  • Arbitrator, American Arbitration Association National Panel, and on Arbitration Panel of the U.S. District Court for the Western District of Pennsylvania
  • Member, Labor Relations Advisory Council
  • Member, Business Dispute Resolution Alliance
  • Member, Current Legal Developments Subcommittee
  • Member, West Virginia Healthcare Human Resources Association
  • Member, Collier County Bar Association
  • Member, Lee County Bar Association
  • Member, Florida Assisted Living Affiliation
  • Member, HR Collier
  • Member, HRMA of Southwest Florida
  • Member, Federalist Society
  • Board Member, Western Pennsylvania Chapter of the Industrial Relations Research Association
  • Member, Board of Visitors, School of Education and Social Sciences, Robert Morris University
  • Member, Chartiers Valley Partnership, Advisory Board
  • Council Member, Allegheny County Bar Association Labor and Employment Law Section and Health Law Section
  • Member, Pennsylvania Governor's Sportsmen's Advisory Council, 1999-2003
  • Cornell University Class of 1967 Class Council
  • Co-Chair, Cornell University Class of 1967 40th Reunion Campaign
  • Member, Board of Directors, Cornell Football Association
  • President, Chartiers Country Club
  • Member, Sewickley Heights Golf Club
  • Member, Membership Committee, Quail Creek Country Club
  • Member, Great Lakes Senior Golf Association