John T. Merrell

Shareholder | Greenville

John Merrell is an attorney in Ogletree’s Greenville, South Carolina office. John represents and counsels management on a range of labor and employment law issues, including:

Preventive employment and labor law advice, including matters arising under The National Labor Relations Act (NLRA), Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Fair Labor Standards Act (FLSA)
Unfair Labor Practice (ULP) and Representation proceedings before The National Labor Relations Board (NLRB)
Drafting employment policies and procedures
Advising clients on their rights and legal obligations involving union organizing activities
Employee relations
Training on positive employee relations and other aspects of labor and employment law
Federal and state litigation involving discrimination, harassment, retaliation, wrongful discharge, noncompetition covenants, and breach of employment agreements

John is a native of Walhalla, South Carolina. He graduated from Clemson University in 2003 with a degree in Financial Management. In 2006, he graduated from the University of South Carolina School of Law.

More About John T. Merrell

Education & Admission

Professional Activities

Speeches

Ogletree Deakins Podcast – “Like, Comment, and Share: Social Media Policies for Multistate Employers” – August 14, 2023
Ogletree Deakins Webinar – “Understanding the NLRB’s New Burden-Shifting Standard for Employer Work Rules and Employee Handbooks” – August 10, 2023
Workplace Strategies Seminar – “The Conversation Continues: Proofing Your Policies” – San Diego – May 12, 2023
Labor Law Solutions – “Policy Drafting: It’s Open Season (Again) on Employee Handbooks and More!” – Nashville – December 8, 2022
Labor Law Solutions Foundation Series – “Union Organizing: Interactive” – Nashville – December 7, 2022
Ogletree Deakins Webinar – “Revisiting Social Media Policies and Practices in the Age of the Employee/Influencer” – June 30, 2022
Workplace Strategies Seminar – “Managing a Unionized Workforce Post-COVID” – Phoenix – May 5, 2022
Workplace Strategies Virtual Seminar – “COVID Employer Workshop: Tackling the Key Issues” – June 23, 2021
Labor Law Solutions – “R-Case Rule Amendments and the Revolution Against Them” – December 3, 2020
Ogletree Deakins Podcast – ” TECHPLACE™ Talk: Political Speech, Social Media, and Off-Duty Employee Conduct—The Trending Risks of Digital Reputational Damage” – September 15, 2020
Ogletree Deakins Podcast – “Employee Reluctance to Return to Work During COVID-19” – June 12, 2020
Ogletree Deakins Webinar – “Properly Handling Employee Refusals to Work Due to COVID-19 ” – May 21, 2020
Ogletree Deakins Workplace Strategies Virtual Conference – “Return to Work—Strategies for Success” – May 15, 2020
Charleston Metro Chamber of Commerce Webinar – “Return to Work: A Guide for Getting the Workforce Back Into the Workplace” – May 7, 2020
Ogletree Deakins Podcast – “Considerations for Returning Employees to Work During COVID-19” – April 27, 2020
Ogletree Deakins Webinar – “Return to Work: A Guide for Getting the Workforce Back into the Workplace” – April 23, 2020
Ogletree Deakins Webinar – “FAQs: Unemployment Expansion Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act” – April 8, 2020
Labor Law Solutions – “More Expedited Decertification: Possible Revisions to the Blocking Charge Rule and Voluntary Recognition Bar, and the New Rules on Withdrawal of Recognition” – Nashville – December 5, 2019
Corporate Labor and Employment Counsel Exclusive – “Social Media Detox: Rights and Responsibilities in the Oversharing Era” – New Orleans – November 14, 2019
Ogletree Deakins Workplace Strategies Seminar – “Internet Ire: Social and Political Expression in the Workplace” – Las Vegas – May 2, 2019
Ogletree Deakins Labor Law Solutions – “Policy Fixes for the Real World” – Las Vegas – December 7, 2018
Ogletree Deakins Labor Law Solutions – “Pardon the Interruption! Labor Updates” – Las Vegas – December 6, 2018
Ogletree Deakins Workplace Strategies Seminar – “Panel Discussion: Protests, Political Expression, and the Workplace” – Phoenix – May 10, 2018
Ogletree Deakins Workplace Strategies Seminar – “‘Lawful or Unlawful’—An NLRB Gameshow Experience” – San Diego – May 5, 2017
Anderson Area SHRM Meeting – “New Administration: What to Expect and What to Watch Out For” – Anderson – February 14, 2017
WCI – “Top 10 EEOC Concerns” – Asheville – May 20, 2015
PeopleMatter Collaborate 2015 – “Weed, Unions and Pregnancy . . . Oh My! 3 Controversial Issues Immediately Affecting the Way Your Workplace Works and Why You Need to Care Now” – Charleston – May 6, 2015
PeopleMatter Collaborate 2015 – “Who is an Employer? How a Recent NLRB Opinion Could Redefine Everything You Know about Today’s Business Model” – Charleston – May 5, 2015
Greenville Certificate in Employee Relations Law Series – “Labor Laws: The Employer’s and Employee’s Rights and Obligations Under the National Labor Relations Act” – Greenville – March 17, 2015
2015 HR Update – “The Top 5 Issues Facing Nonunion Employers in 2015” – Greenville – March 3, 2015
Upstate Alliance – “Union Organizing Update: Why ‘Ambush’ and ‘Purple’ Need to be Part of Every Employer’s Vocabulary” – Greenville – February 25, 2015
Anderson Area SHRM 2015 Legal Update – “New ‘Ambush Election’ Rule: Unionizing a Workforce Just Got Much Easier” – Anderson – February 3, 2015
Upstate Employers Network – “NLRB Update” – Greenville – November 7, 2014
NC/SC Labor and Employment Law Conference – “The Board’s Rapid Expansion of Sect. 7, What Your Clients Need to Know” – Asheville – October 25, 2014
WCI – “Will Your Unionfree Handbook Survive NLRB Scrutiny” – Asheville – May 21, 2014
2014 HR Update – “What the NLRB and Organized Labor Were Up To in 2013” – Greenville – February 25, 2014
WCI – “Current Issues Impacting Your Workplace Handbooks and Policies” – Asheville – May 2013
Charlotte Certificate in Employee Relations Law Series – “Labor Laws: The Employer’s and Employee’s Rights and Obligations under the National Labor Relations Act” – Charlotte – March 2013
2013 Human Resources Law Update – “The NLRB’s Crackdown on Employee Handbooks” – Greenville – February 2013
Association of Corporate Council – “What Union-Free Employers Need to Know About the NLRB’s Attempted Regulation of Their Workplace” – Greenville – February 2013
Laurens SHRM – “Social Media and the NLRB” – Laurens – February 2013
Greenwood Chamber – “Social Media, Workplace Rules & Beyond” – Greenwood – September 2012
NC/SC Labor & Employment Law Conference – “NLRB Update” – Asheville – September 2012
Upstate Employers Network Mid-Year Update – “NLRB Update” – Greenville – August 2012
Human Resources Forum 2012 – “A New Day for Union Organizing . . . A New Challenge for Employers” – Asheville – May 23, 2012
2012 Human Resources Law Update – “Test Your Employment Knowledge” – Greenville – March 2012
Columbia Certificate in Employee Relations Law Series – “Labor Laws: The Employer’s and Employee’s Rights and Obligations under the National Labor Relations Act” – Columbia – March 2012
Greenville Technical College/Greenville Area Personnel Association Certificate in Employee Relations Law Series – “Legal Issues with Social Media” – Greenville – December 2011
Carolinas Association of General Contractors, Asheville Chapter – “Who Needs The EFCA When You’ve Got An Activist NLRB?” – Asheville – May 2011
Greenville County Special Purpose District Association – “Meetings and Executive Sessions” – Greenville – January 2011
2010 Human Resources Law Update – “Preventing and Addressing Workplace Violence and Bullying” – Greenville – March 2010
Laurens County Society of Human Resources Management – “Social Media: 4 Pillars of an Effective Policy” – Laurens – March 2010
Carolinas Association of General Contractors’ Historically Underutilized Business (HUB) Contractor Business Academy – “A North Carolina Employer’s Labor Obligations” – Charlotte – October 2007
Palmetto Chapter of the National Association of Church Business Administration – “Hiring, Firing, and Performance Evaluations” – Greenville – November 2006