James M. Paul

Shareholder St. Louis

Jim has extensive trial and appellate experience with labor and employment law litigation in federal and state courts, and before the Equal Employment Opportunity Commission, the Department of Labor, the Department of Justice, the Occupational Safety and Health Administration, and several state agencies.  He also regularly advises employers on all labor and human resource management issues in an effort to prevent or resolve employee issues before they escalate into legal disputes. As Co-Chair of the firm’s Disability Access practice group, Jim advises clients regarding legal requirements for accommodating disabled individuals and defends Americans with Disabilities and Rehabilitation Act lawsuits nationally.

Prior to his private practice of law, Jim served as judicial law clerk to the Honorable Ray Price, Jr. of the Missouri Supreme Court and then as a Missouri Assistant Attorney General.  As Assistant Attorney General, he represented the Missouri Department of Labor and Industrial Relations, the Missouri Division of Labor Standards, and the Missouri Commission on Human Rights by enforcing state discrimination and wage and hour laws.  He also worked in Washington, D.C. on legislative issues for the late Missouri Governor Carnahan and has taught Trial Advocacy at Saint Louis University as an Adjunct Professor.


Experience

Jim has extensive experience advising employers on all labor and human resource management issues.  Jim advises and defends international, national, regional and local companies, as well as several cities, counties and related public entities.  Examples of these labor and employment matters include:  discrimination charges; the interaction of the Americans with Disabilities Act, the Family and Medical Leave Act, and workers’ compensation laws; the enforcement and drafting of employee arbitration and jury waiver agreements; the enforcement of, and defense against, employee non-competition agreements; and the drafting and analysis of employee handbooks and policies.  He has significant experience drafting and negotiating employment and non-competition/non-solicitation agreements, and—depending on the client’s perspective—he enforces (or defeats) these types of agreements in court.  Jim has successfully defended and settled hundreds of discrimination charges and wrongful discharge claims.  When necessary, Jim litigates cases in court and has tried numerous cases to verdict by juries, judges and arbitrators.

Jim also has significant experience with training, advising and defending hospitals, hotels, retailers, theaters, and other entities regarding their obligations to disabled patients and customers pursuant to Title III of the Americans with Disabilities Act, with a particular emphasis on deaf interpreting and captioning, deaf culture, and American Sign Language (ASL).  He defends those entities when claims are brought against them by the Department of Justice, the Department of Health and Human Services, or similar state civil rights agencies.

Many employment laws vary from state to state, and Jim has worked with clients who have multi-state (and even 50-state) operations to ensure that their policies and practices are compliant in every jurisdiction. 

Finally, because of his judicial clerkship experience and the direct handling of many appeals since (on behalf of both appealing and the defending parties, and both before and after jury verdicts), he is able to effectively assist clients when it is necessary to either defend a ruling on appeal or to obtain a reversal or other relief from an appellate court.  

Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Labor and Employment Law Section; Management Co-Chair, FMLA Subcommittee, 2009 - present)
  • Missouri State Council of SHRM (Director, Eastern District, 2016-present)
  • Human Resources Management Association of Greater St. Louis (President, 2015)
  • The Missouri Bar (Labor and Employment Law Committee; Chair, 2003-2006)
  • Bar Association of Metropolitan St. Louis (Labor and Employment Law Section)
  • Bar Association of Central and Southern Federal Districts of Illinois
  • United Hebrew Congregation (Interfaith Outreach Committee, 2002-2006)
  • ABA Annual Midwinter Meeting Report of the Subcommittee on the Family and Medical Leave Act (Editor, 2009-present; Contributing Author, 2000-2008)


Speeches:

  • Ogletree Deakins Workplace Strategies Seminar - ''The Ultimate Exit Interview Checklist'' - San Diego - May 05, 2017
  • HRMA of Greater St. Louis - ''The Ultimate and Effective Termination Checklist'' - St. Louis - February 2017
  • American Bar Association, Federal Labor Standards Committee Midwinter Meeting - ''FMLA Games: What if YOU Were the Employee, or the Employer, or the Judge?!'' - Playa del Carmen - February 2017
  • Lemay Chamber of Commerce - ''The New OT Regulations Are Coming . . . Are You Ready?'' - St. Louis - November 2016
  • Enterprise University - ''Document Creation, Retention and Destruction - Including E-mails, Voicemails and Texts... Oh My!'' - St. Louis - November 2016
  • Equifax Client Advisory Board Conferences - ''The Importance of Disciplinary Documentation'' - St. Louis and Chicago - October 2016
  • Express Employment Professionals Briefing - ''The New Overtime Regulations From the Department of Labor Are Coming . . . Are you Ready?'' - St. Louis - October 2016
  • Enterprise University - ''Top 10 Dangerous Wage and Hour (Payroll) Mistakes'' - St. Louis - September 2016
  • Association of Legal Administrators (ALA) - ''Quick Decision Time – How Are You Going to Implement the DOL’s New Overtime Regulations?'' - St. Louis - September 2016
  • SHRM Missouri State Conference - ''The Ultimate Exit Interview and Checklist'' - Lake of the Ozarks - August 2016
  • SHRM Missouri State Conference - ''Waive Goodbye to Juries Without the Pitfalls of Arbitration Agreements'' - Lake of the Ozarks - August 2016
  • Enterprise University - ''Top Ten Dangerous Wage and Hour (Payroll) Mistakes'' - St. Louis - May 2016
  • Ogletree Deakins Workplace Strategies - ''The Website Accessibility Litigation Explosion: Is It on Your (Radar) Screen?'' - Chicago - May 2016
  • HRA of Central Missouri - ''2016 Employment Law Update – The DOL and EEOC Are Aggressive This Election Year!'' - Columbia - May 2016
  • Enterprise University - ''Document Creation, Retention and Destruction - Including E-mails, Voicemails and Texts...Oh My!'' - St. Louis - April 2016
  • Crane Agency Briefing - ''Top 10 Wage and Hour (Payroll) Mistakes and Effective Discipline, Discharge and Documentation'' - St. Louis - April 2016
  • American Bar Association, Federal Labor Standards Committee Midwinter Meeting - ''F(amily)MLA Feud'' - San Juan - February 2016
  • Association of Corporate Counsel (ACC) - ''Workplace Feuds – How the St. Louis Rams and Abercrombie & Fitch Are Changing the Employment Law Landscape'' - St. Louis - September 2015
  • Ogletree Deakins Seminar - ''Two Can Play that Game . . . Or Can They? Unlawful Retaliation in the Workplace'' - St. Louis - September 2015
  • Enterprise University - ''Juggling the FMLA, ADA, GINA and Workers' Compensation Laws'' - St. Louis - September 2015
  • Ogletree Deakins Seminar - ''Proactively Tackling the DOL’s 2015 Agenda – Exempt Status, Salary Basis Test, After-Hours Use of Smartphones, Independent Contractors, and Same-Sex Spouse Leave Benefits'' - St. Louis - September 2015
  • SHRM Missouri State Conference - ''You’re NOT the Boss of ME! Regulating Employees’ Off-Duty Conduct'' - Lake of the Ozarks - August 2015
  • Association of Corporate Counsel (ACC) - ''You’re Not the Boss of Me!'' - St. Louis - April 2015
  • Enterprise University - ''Is Your Employee Handbook Up-to-Date and Effective?'' - St. Louis - April 2015
  • Enterprise University - ''Is Your Employee Handbook Up-to-Date and Effective?'' - St. Louis - November 2014
  • Ogletree Deakins Seminar - ''FMLA and ADA Workshop'' - St. Louis - October 2014
  • Enterprise University - ''New Age Social Media Pitfalls'' - St. Louis - May 2014
  • Enterprise University - ''Is Your Employee Handbook Up-to-date and Effective?'' - St. Louis - April 2014
  • American Bar Association, Federal Labor Standards Committee Midwinter Meeting - ''FMLA Jeopardy'' - Miami - February 2014
  • Corporate Labor & Employment Counsel Exclusive - ''Technology and ADA Access Litigation'' - Charleston - November 08, 2013
  • Ogletree Deakins Workplace Strategies Seminar - ''ADA Title III Accommodations'' - New Orleans - May 10, 2013
  • Ogletree Deakins Advanced Workshop - ''An In-Depth Overview of the Family and Medical Leave Act and Americans with Disabilities Amendments Act'' - St. Louis - February 27, 2013
  • Ogletree Deakins Briefing - ''Expectations 2013: An Employment Law Update for Employers'' - St. Louis - January 23, 2013
  • Ogletree Deakins Briefing - ''The ADAAA - The New Definition of 'Disability' and the EEOC's Position on Reasonable Accommodations'' - St. Louis - March 29, 2012
  • Ogletree Deakins Workplace Strategies Seminar - ''Dogs, Ponies And Scooters Are In The House! Key Public Accommodation Challenges'' - Chicago - May 2011
  • Lorman Education Services - ''Missouri Employment Legislation and Case Developments'' - webinar - November 09, 2010
  • American Bar Association, 4th Annual ABA Section of Labor and Employment Law Conference - ''We’ll Just See What the Judge Says About That!'' - Chicago - November 04, 2010
  • AAIM Employers’ Association, 2010 Strategic Directions Conference - ''Employment Law Trends: The Obama Effect'' - St. Louis - October 21, 2010
  • The Missouri Bar - ''Stepping Up and Stepping Out: The New Lawyer Experience'' - St. Louis - October 16, 2010
  • Lorman Education Services - ''Return-to-Work Compliance When Jobs Are Gone'' - webinar - June 23, 2010
  • Association of Corporate Counsel, St. Louis Chapter - ''The New Attorney-Client Privilege and Representation of Corporate Representatives . . . How Litigation Will Impact These Issues in 2010 and Beyond'' - St. Louis - March 18, 2010

Published Works

X

Our Insights

Media

Media Quotes

November 06, 2017 - SHRM Online - "How Can Health Care Workers Who Refuse to Get Flu Shots Be Accommodated?"
October 20, 2017 - Law360 - "GC Cheat Sheet: The Hottest Corporate News Of The Week"
October 18, 2017 - Law360 - "4 Tips For Flu Shot Programs That Won't Get You Sued"

Top