Overview

Joshua C. Vaughn, a Pittsburgh employment defense attorney, represents employers in collective, class, and hybrid actions brought under the federal Fair Labor Standards Act and state wage and hour laws. He has defended employers in the healthcare, financial services, retail, and technology industries in state and federal courts throughout the United States.

Josh has successfully defeated conditional certification in threatened nationwide collective actions, opposed class certification under Rule 23, and has successfully resolved many other cases involving complicated legal and business issues that arise in wage and hour litigation. Josh has significant experience defending against claims for overtime (exemption misclassification, off-the-clock, overtime rate calculation), misclassification of independent contractors, minimum wage, meal and rest breaks, “suitable seats,” reporting time and split shifts, expense reimbursements, waiting-time penalties, and wage statement and wage notice violations.

Josh also has significant experience assisting clients with reviewing, drafting, and rolling out arbitration agreements; enforcing arbitration agreements; and representing clients in individual and mass arbitrations. 

As the shareholder in charge of Littler’s Home Care Toolkit, Josh also counsels and defends home care agencies on the unique pre-employment, ongoing employment, and end-of-employment issues. He has represented home care agencies in class and collective action litigation brought by private plaintiffs and the U.S. Department of Labor, investigations by federal and state labor departments, investigations by federal and state equal employment agencies, investigations by the U.S. Office of Inspector General, and has presented seminars and webinars to multiple home care franchise systems, associations, and industry groups.

In addition to his practice defending and advising employers with respect to complex wage and hour litigation, Josh has helped employers enforce noncompete agreements, and has defended employers against a variety of single plaintiff claims, including claims involving race, age, gender, disability discrimination, harassment, retaliation, breach of contract, wrongful termination, intentional and negligent infliction of emotional distress, and unjust enrichment.

Josh regularly partners with clients to conduct wage and hour and employment practices audits, provide guidance regarding hiring and terminations, conduct supervisor and management training related to wage and hour compliance, provide advice regarding complex litigation strategy, and assist clients with conducting employment law due diligence related to mergers and acquisitions.

In the fall 2018 and 2021, Josh served as an adjunct professor at the University of Pittsburgh School of Law, where he taught a course on Technology and Employment law. Josh also regularly writes and speaks at seminars on employment topics facing employers.

Selected Matters

  • Defended “gig economy” clients in class and collective actions, and successfully moved to compel individual arbitration under the Federal Arbitration Act.
  • Defended staffing company in collective action alleging failure to compensate for all hours worked under the Fair Labor Standards Act, and obtained a complete dismissal of the FLSA claim on a Motion to Dismiss.
  • Defended steel manufacturer in single plaintiff action alleging exempt misclassification under the Fair Labor Standards Act and age discrimination under the Age Discrimination in Employment Act claims, and obtained a complete dismissal of all claims on summary judgment.
  • Represented multiple long-term care facilities in investigations by the U.S. Department of Labor;
  • Represented multiple home care agencies in investigations by the U.S. Department of Labor;
  • Represented steel manufacturer in audit by the U.S. Department of Labor related to bona fide profit sharing plans under 29 U.S.C. 207(e)(3)(b);
  • Represented a hotel in an audit by the U.S. Department of Labor;
  • Represented home care agency in investigation by the U.S. Office of Inspector General related to OIG Exclusion List;
  • Defended steel manufacturer in a putative collective action asserted on behalf of exempt supervisors;
  • Defended transportation industry client in single plaintiff action alleging disability discrimination under the Rehabilitation Act, and obtain a complete defense verdict after jury trial;
  • Defended transportation industry client in single plaintiff action alleging violations of the Family and Medical Leave Act, and obtained dismissal of FMLA claims on summary judgment.

Professional & Community Affiliations

Member

Labor and Employment Law Section

American Bar Association

Member

Pennsylvania Bar Association

Member

Labor and Employment Law Section

Allegheny County Bar Association

Member, Board of Governors

Allegheny HYP Club

News, Analysis & Press

Pregnancy, Parenting, and Careers – Leave, Pay and Promotion Bias

ABA National Conference on Equal Employment Opportunity Law

April 2013

Oral Complaints May Be Considered Protected Activity Under FLSA Anti-retaliation Provision

California Labor and Employment Bulletin, Vol. 11, No. 5

May 2011

Books & Book Chapters

  • Managing Executive Compensation and ‘Clawbacks', The Regulation of Compensation: Proceedings of the New York University 66th Annual Conference on Labor, NYU Center for Labor and Employment Law, coauthor, chapter 9
  • Employment Law Yearbook 2008 – 2012, Practicing Law Institute, co-editor, 2014
  • Fair Labor Standards Act, 2009 Cumulative Supplement, ABA Section of Labor and Employment Law, contributing editor

Speaking Engagements

Lunch & Learn: Navigating Background Checks

Pennsylvania Homecare Association

July 23, 2024

Legal Updates

Pennsylvania Homecare Association Compliance Webinar Series

November 4, 2022

Changing the Game – How Employers Can Use Arbitration Agreements to Avoid Striking Out in Litigation

October 4, 2022

Education

  • J.D., Duquesne University School of Law, 2006
  • B.S., Grove City College, 2003

Bar Admission

Pennsylvania

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. Court of Appeals, 7th Circuit
  • Pennsylvania Supreme Court
  • U.S. District Court, Western District of Pennsylvania
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, Northern District of Ohio