Overview
James represents employers in labor and employment matters, providing strategic advice and counsel to employers facing union organizing campaigns and representing their interests in representation cases and unfair labor practice proceedings before the National Labor Relations Board (NLRB).
James has a robust traditional labor law practice. He provides both non-union and union employers with day-to-day advice to comply with the law in a variety of contexts, including drafting employment policies, managing employees, and looking to buy, sell, or otherwise transform a business. In addition, James negotiates collective-bargaining agreements (CBAs), provides advice and counsel regarding the administration of CBAs, and handles labor arbitrations stemming from grievances arising under CBAs on behalf of employers with unionized workforces.
James maintains an active employment litigation practice as well. He litigates an assortment of employment-related disputes on behalf of employers, including cases involving breach of contract, discrimination, harassment, retaliation, unfair competition, and wage and hour claims. James’ experience in the discrimination context includes defending employers before government agencies, such as the US Equal Employment Opportunity Commission (EEOC). His wage and hour experience similarly includes representing employers during audits by various government agencies, such as the US Department of Labor (DOL).
James also provides employers with employment law advice to help prevent workplace disruptions and litigation in the first instance. This includes working with employers to develop cultures that promote positive relationships with employees, meet business objectives, and comply with the law.
James frequently speaks and writes on key developments in the labor and employment law field.
Experience
- Provided strategic advice and counsel to numerous employers in various industries during union organizing campaigns that helped lead employers to victories, including victories when the NLRB’s “ambush” or “quickie” election rules that expedited the timeframe for holding elections were in place.
- Represented employers in pre-election hearings before NLRB based on arguments to expand the scope of voting units pursuant to community of interest factors, including when the NLRB’s “micro-unit” standard that made it easier for unions to cherry-pick voting units was in place.
- Represented real estate company in challenges to NLRB orders before federal appellate court on two separate occasions, once based on an argument that the President’s appointment of certain Board members who issued the initial order violated the US Constitution, and once based on an argument that the subsequent order issued by a properly constituted NLRB was not supported by substantial record evidence.
- Represented numerous employers in various industries from an assortment of unfair labor practice charges before the NLRB, resulting in the dismissal or withdrawal of charges without issuance of complaints.
- Negotiated numerous CBAs, labor harmony agreements, and project labor agreements on behalf of employers.
- Represented construction company in its withdrawal from collective bargaining relationship (and subsequent victory in union election).
- Represented numerous employers in various industries before government agencies and courts in cases involving allegations of breach of contract, discrimination, harassment, retaliation, unfair competition, and wage and hour violations.
- Conducted positive employee relations trainings for numerous employers in various industries.
- Conducted trainings for numerous employers in various industries to help prevent workplace discrimination, harassment, and retaliation.
- Conducted internal wage and hour audits for numerous clients in various industries to help prevent wage and hour violations.
Accolades
Honors & Recognitions
- Named Best Lawyer in Employment Law - Management, The Best Lawyers in America, 2024
- Listed as a Labor and Employment Star, New York, Benchmark Litigation, 2024
- Selected as a Super Lawyer for Employment & Labor, The New York Times Magazine, 2023
- Selected as a Rising Star for Employment & Labor, The New York Times Magazine, 2013-2022
- Benchmark Litigation, Labor and Employment Star—Northeast, 2020
- AV® Preeminent Martindale-Hubbell Peer Review Rating, 2015 to Present
- New Jersey State Bar Association Leadership Academy Fellow, 2016
Affiliations
Professional
- American Bar Association
- Federalist Society for Law and Public Policy Studies
- New Jersey State Bar Association
- New York State Bar Association
- Pennsylvania Bar Association
- Sidney Reitman Employment Law American Inn of Court
- Society for Human Resource Management
Insights
Legal Updates
Events & Speaking Engagements
Publications
Blog Posts
News
Education
JD, Boston University School of Law, 2007
BS, School of Industrial and Labor Relations, Cornell University, 2004
Admissions
New Jersey
New York
Pennsylvania
Courts
US Court of Appeals, Third Circuit
US District Court, District of New Jersey
US District Court, Eastern District of New York
US District Court, Southern District of New York
US District Court, Eastern District of Pennsylvania
US District Court, Middle District of Pennsylvania