John J. Balitis

John J. Balitis Member

P: 602.262.5928
F: 602.495.2638
L: Phoenix

Mr. Balitis counsels private sector clients as well as government agencies, including the Arizona legislature, on a broad range of employment law and labor relations matters. Over his 30 years of practice, he has represented clients in administrative proceedings before the Equal Employment Opportunity Commission, U.S. Department of Labor, National Labor Relations Board, Arizona Civil Rights Division, Arizona Industrial Commission, Arizona Department of Occupational Safety and Health, and the Arizona Department of Economic Security. Recognizing that some issues need to be resolved at the legislative level, Mr. Balitis has participated in drafting and testifying on Arizona employment-related legislation.

In addition to the administrative and transactional aspects of his practice, Mr. Balitis litigates employment-related disputes in federal and state courts, where he has both bench and jury trial experience, and has appeared and argued before the Arizona Court of Appeals. He has considerable experience prosecuting and defending employment claims in preliminary injunction proceedings, and representing union employers in labor arbitrations involving disputes under collective bargaining agreements.  Mr. Balitis also is experienced in training, investigating, writing, speaking, publishing, and interacting with the media on employment-related topics and developments.

In additional to his civil practice, John serves as an arbitrator and mediator for the American Arbitration Association. He participates in proceedings in these capacities in Arizona and in other jurisdictions.

Areas of Focus

  • Employment and Labor Relations
  • Business Litigation
  • Construction Law
  • Health Care Litigation and Regulation
  • Litigation
  • Mediation and Arbitration
  • Real Estate

Representative Engagements

  • Michael Barrett Conway v. Circle K Stores Inc., No 1 CA-CV 17-0057 (Ariz. App. Feb. 01, 2018)

  • Mark F. Wynn v. Arizona Department of Economics, No. 1 CA-UB 12--0372 (Ariz. App. Jan. 07, 2014)

  • Lennar Corp. v. Transamerica Ins. Co.,No. 1 CA-CV 10-0141 (Ariz. App. April 14, 2011) 

  • Lennar Corp. v. Auto-Owners Ins. Co.,214 Ariz. 255, 151 P.3d 538 (App. 2007) 

  • Lopez v. Home Depot U.S.A.,85 Fair Empl.Prac.Cas. (BNA) 282 (D. Ariz. Feb. 05, 2001) 

  • Arizona Retail Systems v. The Software Link,831 F. Supp. 759 (D. Ariz. 1993) 

  • John C. Lincoln Hosp. v. Superior Court,159 Ariz. 456, 768 P.2d 188 (App. 1989) 

  • Weller v. Blue Circle,176 Ariz. 220. 176 Ariz. 220, 860 P.2d 487 (Ariz. App. Div.1 1993)


Articles, Publications and Presentations

  • Quote, "What employers are doing about #RedForEd teacher walkout in Phoenix," Phoenix Business Journal (April 25, 2018)

  • Quote, "True North Cos. slapped with anti-SLAPP motion in ongoing legal battle over Phoenix Chinese Cultural Center," Phoenix BUsiness Journal (April 24, 2018)

  • Quote, “Why the Phoenix Business Community isn't Concerned with Prop. 123 Court Ruling,” Phoenix Business Journal (March 27, 2018)

  • Quote, “Pendergast School District Closes 9 of 12 Schools as 231 Teachers Call in Sick,” Phoenix Business Journal (March 21, 2018)

  • Quote, "Affordable Care Act isn't dead yet, here's what you need to know to avoid huge tax penalties," Phoenix Business Journal (February 28, 2018)

  • Quote, "Arizona joins 20-state coalition to end Obamacare mandate," Phoenix Business Journal (February 27, 2018

  • “Employers Pulling Plug on Holiday Parties Amid Harassment Claims,” KJZZ (December 18, 2017)

  • Q&A, “Employment Attorney Gauges Impact if ACA's Individual Mandate is Repealed,” Phoenix Business Journal (December 17, 2017)

  • Interview, “Family Accuses Caregiver of Switching Woman's Pain Medication with Anti-Malaria Drug,” Fox 10 (November 20, 2017)

  • “Line Can Get Blurry Between Free Speech, Work Social Media Policy,” KJZZ (November 14, 2017)

  • Presenter, “Best Practices in Employment Arbitration from the Arbitrator and the Advocate Perspectives,” State Bar of Arizona CLE( November 14, 2017)

  • Quote, “Addiction in the Workplace: Why There are No Easy Legal or Real-Life Answers,” Phoenix Business Journal (October 20, 2017)

  • Quote, “Trump Suspends Costly Employment Data Collections Provisions,” Phoenix Business Journal (September 11, 2017)

  • Quote, “Could Your Political Opinions Get You Fired?” ABC15 Arizona (August 21, 2017)

  • Quote, “Industry Officials See Challenges from Wage, Sick Leave Law,” Phoenix Business Journal (July 28, 2017)

  • Quote, “Big Changes Coming for Arizona Workers in Terms of Sick Time at Work,” Fox 10 (June 21, 2017)

  • Quote, “Have a Horrible Boss? You Might Learn Something from James Comey and Donald Trump,” Phoenix Business Journal (June 8, 2017)

  • Presenter, “Proposition 206,” Lovitt & Touche (June 6, 2017)

  • Presenter, “Proposition 206,” Fennemore Craig Webinar (May 24, 2017)

  • Co-Author, “The Defend Trade Secrets Act of 2016: What are Trade Secrets and Why are They Important?" The Labouring Oar (Spring 2017)

  • “Employment Issues,” Newsmaker Sunday (April 23, 2017)

  • Author, “Employers and Medical Record Access,” Arizona Business Gazette (March 2017)

  • Author, “Deadline to Pay Contractor Depends on Contract,” Arizona Business Gazette (January 2017)

  • Author, “Employer Must Make Reasonable Accommodation,” Arizona Business Gazette (January 2017)

  • Quote, "Arizona businesses prepare for Prop. 206 minimum-wage hike," Phoenix Business Journal (December 28, 2016)

  • Quote, “Is Technology Sinking Your Business?” AZ Business (November 2016)

  • Quote, “Phoenix Orthopedic Surgeon Leads Investors to Develop $25M Project," Phoenix Business Journal (October 13, 2016)

  • Quote, “ASU Subpoenas GoDaddy Over Web Domain that Violated Copyright and Trademark Rights,” Phoenix Business Journal (October 6, 2016)

  • Quote, “What to do if Politics Are Taking Over the Office,” AZ Big Media (September 27, 2016)

  • Quote, “Scottsdale Electronic Cigarette Maker Files for Bankruptcy Protection,” Phoenix Business Journal (September 20, 2016)

  • Quote, “Honeywell Workers in Phoenix Told to Take 2nd Weeklong Furlough this Year,” Arizona Republic (September 8, 2016)

  • Author, “Rash of Disability Lawsuits Technically not Extortion,” Phoenix Business Journal (September 2, 2016)

  • Quote, “Office Politics: What Employers Can and Cannot Do to Limit Political Debates in the Workplace,” AZ Business Magazine (September 2016)

  • Quote, "Attorneys: ADA lawsuits show 'current system is completely broken," Phoenix Business Journal (August 24, 2018)

  • Quote, "NLRB rules that grad students at universities can unionize," Phoenix Business Journal (August 23, 2016)

  • Quote, “Judge to Hear Case on Recreational Pot,” East Valley Tribune (August 11, 2016)

  • Quote, “Class-Action Cyber Attack Lawsuit Against Banner Health May Be the First of Many,” Phoenix Business Journal (August 10, 2016)

  • Quote, “Here's the Truth Behind Claims That Legalization Will End Workforce Drug Testing For Weed,” Phoenix New Times (August 2, 2016)

  • Quote, “Why Arizona Employers Are Worried Recreational Marijuana is Bad For Business,” Phoenix Business Journal (July 29, 2016)

  • Quote, “Restaurants, Developers, Other Businesses Face Wave of ADA Lawsuits Related to Parking,” Phoenix Business Journal (February 19, 2016)

  • Author, “Reclassifying From Hourly to Salaried,” Ask the Experts, Phoenix Business Journal (February 4, 2016)

  • Quote, “Hotels, Bars, Restaurants Face Waves of ADA Compliance Lawsuits,” Phoenix Business Journal (February 4, 2016)

  • Author, “EEOC Clarifies Protections for HIV-positive Workers and Increases Enforcement Actions,” HR Compliance Library (February 3, 2016)

  • Author, “Reclassifying From Hourly to Salaried,” Ask the Experts, Arizona Republic (February 1, 2016)

  • Quote, "That retail worker checking out your Christmas presents might be working for free," Phoenix Business Journal (December 22, 2018)

  • Quote, "Workplaces must balance safety, anti-discrimination after San Bernardino, other attacks," Phoenix Business Journal (December 11, 2015)

  • “Medical Marijuana and the Changing Law,” ABC 15 (December 4, 2015)

  • Presenter, “Social Media in the Workplace,” Scottsdale Chamber of Commerce (October 28, 2015)

  • Quoted, "The unintended consequences of the new home care labor law," Phoenix Business Journal (October 25, 2015)

  • Presenter, “Marijuana in the Workplace,” Moderator (October 6, 2015)

  • Author, “Same-Sex Marriage: Now it's in the Employers Court,” Corporate Law Advisory (September 2015)

  • Author, “Avoid Liability by Meeting 6 Specific Requirements From the Department of Labor,” Construction Business Owner (April 2015)

  • Author, “DOL Expands Coverage of the Family and Medical Leave Act,” HR Executive (March 25, 2015)

  • Q&A, "Employers face challenges with measles, requiring vaccines," Phoenix Business Journal (February 20, 2015)

  • Author, “The Restaurants, Dining Trends and Law - Shaping Arizona's Culinary Scene,” Arizona Restaurant News (November 2014)

  • Author, “Ask the Experts: Employer Must Provide Safe Working Environment,” Arizona Business Gazette (March 31, 2014)

  • Author, “SB 1062 Would Open Huge Can of Worms for Hospitals,” Phoenix Business Journal (February 25, 2014)

  • Author, “Business, Social Media and the First Amendment: What Can a Business Do When Customers Rant Online?” In Business Magazine (February 2014)

  • Author, “Right to Unemployment Money Depends on Reason For Job Loss,” Arizona Republic (December 1, 2013)

  • Author, “7 things Employers Need to Know About the Affordable Care Act,” Phoenix Business Journal (November 15, 2013)

  • Author, “Employer Can Manipulate Hours to Reduce OT,” Arizona Republic (October 24, 2013)

  • Author, “Hourly Workers Entitled to Overtime Compensation,” Arizona Business Gazette (September 26, 2013)

  • Author, “How Personal Employment Information is Shared and Sold,” AZ Business Magazine (September 20, 2013)

  • Author, “Surprise, Your Data's Been Shared,” Arizona Attorney Magazine (September 2013)

  • Author, “Workplace Restrictions on Photos, Video Could Violate Federal Law,” Phoenix Business Journal (August 7, 2013)

  • Author, “Ask the Expert: Gather Facts for Claim of Age Discrimination,” Arizona Republic (July 6, 2013)

  • Presenter, “The Art and Science of Healthcare Reform,” Panelist (June 18, 2013)

  • Author, “Language Issues in the Workplace Lead to Increase in Employment Discrimination Cases,” AZ Business Magazine (May/June 2013)

  • Author, “School's Out – What Employers Should Know About Hiring Teens,” Inside Tucson Business (May 24, 2013)

  • Author, “Ask the Expert: Law Provides Guidelines on What Former Employers May Disclose,” Arizona Republic (May 11, 2013)

  • Presenter, “Alternative Fee Agreements in Litigation – An Overview of Systems in Use,” Association of Corporate Counsel Arizona Chapter (May 2, 2013)

  • Presenter, “Social Media in the Workplace: What are the Risks and How Can an Employer Avoid Them?" Public Relations Society of America, Phoenix Chapter, Western District Conference (April 19, 2013)

  • Author, “Community Colleges to Cut Hours of 1,300 to Avoid Paying Benefits,” Phoenix Business Journal (April 19, 2013)

  • Author, “Gender or Sexual Orientation Discrimination in Workforce Now a Criminal Offense,” The Record Reporter( April 3, 2013)

  • Author, “At Risk? One Attorney Advocates that Congress Should Revisit the Fair Credit Reporting Act so that Your Personal Information isn't Public,” The Record Reporter (February 27, 2013)


Honors, Appointments and Awards

  • Best Lawyers in America®, Employment Law - Management, Litigation - Labor and Employment (2010-2018)


     

  • Chambers USA, Leading Lawyers for Business (2015-2017)

  • Southwest Super Lawyers®, Employment & Labor (2013-2017)

  • Best Arizona Attorneys (2012)

  • 20 People to Know in the Law, Phoenix Business Journal

  • AV® Preeminent™ Peer Review Rated (the highest rating available), by Martindale-Hubbell


Professional Affiliations

  • American Arbitration Association
    National Roster of Arbitrators, Member
    National Roster of Mediators, Member
  • State Bar of Arizona
    Labor Section , Member
  • Maricopa County Bar Association
    Member
  • American Bar Association
    Labor Section, Member
  • Arizona Chamber of Commerce
    Employee Relations Committee, Member
  • Southwest Human Development
    Board of Directors
  • Arizona Superior Court
    Judge Pro Tem
  • Financial Industry Regulatory Authority
  • Contemporary Forum
    Board of Directors
  • Chrysalis Shelter for Victims of Domestic Violence, Inc.
    Former Member
    Board of Directors
  • Florence Crittenton Services of Arizona, Inc.
    Former Member
    Board of Directors
  • American Bar Association Young Lawyer's Division
    Past Chair

Admitted to Practice

  • Arizona
  • Colorado

Court Admission

  • U.S. District Court, District of Arizona
  • U.S. Court of Appeals, Ninth Circuit

Education

  • J.D., University of Virginia School of Law
  • B.A., Dickinson College
    summa cum laude