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 non-profit organizations. 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 dozens of 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 that appointment, 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.