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, 2024-2025
  • 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

Events & Speaking Engagements

  • October 17, 2024
    Event
  • February 29, 2024
    Event
  • February 5, 2024
    Event
    Panelist
    National Labor Relations Board: Updates, New Jersey Labor and Employment Relations Association
  • December 14, 2023
    Event
    Speaker
    Recent NLRB Activity, New Jersey State Bar Association 2023 Employment Law Roundtable
  • May 16, 2023
    Event
  • March 31, 2023
    Event
    Speaker
    Practical Tips for Lawyers to Keep in Mind When Advising on Hiring, Managing and Terminating Employees, Celesq AttorneysEdCenter
  • March 21, 2023
    Event
    Speaker
    National Labor Relations Board Update, Sidney Reitman Employment Law American Inn of Court
  • 2021
    Event
    Speaker
    How to Hire, Manage, and Terminate Employees, Thomson Reuters West LegalEdcenter
  • 2020
    Event
    Speaker
    Virtual ADR from A to Z Series, Labor and Employment Relations Association
  • 2019
    Event
    Speaker
    Successorship: The Evolution of the Board’s Case Law, 41st Annual (NLRB) Labor Law Conference: The Arthur Eisenberg Labor Symposium, New Jersey Institute for Continuing Legal Education
  • 2019
    Event
    Speaker
    An Attorney’s Practical Guide to the Hiring, Management, and Termination of Employees, Lawline
  • 2019
    Event
    Speaker
    10 Ways to Avoid Employment Lawsuits, New Jersey Risk & Insurance Management Society
  • 2016
    Event
    Speaker
    Joint Employers, 38th Annual (NLRB) Labor Law Conference: The Arthur Eisenberg Labor Symposium, New Jersey Institute for Continuing Legal Education
  • 2015
    Event
    Speaker
    Employer Jujitsu: How to Protect Your Company from Sneak Attacks by Unions, Association of Corporate Counsel Greater Philadelphia Chapter
  • 2015
    Event
    Speaker
    Employees’ Online Activity and What Employer Can Do, New Jersey Bankers Association
  • 2015
    Event
    Speaker
    Best Social Media Strategies to Climb the Corporate Ladder or Launch a Startup, Turnaround Management Association New Jersey Chapter

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

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