James M. Paul

Jim has extensive trial and appellate experience with handling labor and employment law litigation in federal and state courts, and before the Equal Employment Opportunity Commission, Department of Labor, Department of Justice, and several other federal and state agencies. He also holds the national Society for Human Resource Management’s “SHRM-SCP” certification, is the Immediate-Past State Director for the Missouri SHRM State Council, and 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 Mel Carnahan and has taught Trial Advocacy at Saint Louis University as an Adjunct Professor.

More About James M. Paul

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 non-profit organizations. Examples of these labor and employment matters include: discrimination charges; disability- and religion-related reasonable accommodation requests; 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, American Sign Language (ASL), and service animals. 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. Similarly, Jim regularly advises and defends employers with regard to their religious organization status and employees’ religious accommodation requests and religious discrimination claims.

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.

Education & Admission

Professional Activities

Speeches

Ogletree Deakins Workplace Strategies Seminar – “Defending DOL Audits and Other Enforcement Actions” – Washington, D.C. – May 1, 2024
Corporate Labor and Employment Counsel Exclusive – “The Supreme Court’s Religious Discrimination Ruling: Key Takeaways and the Impact on Accommodation Requests” – Phoenix – November 10, 2023
Ogletree Deakins Webinar – “The Supreme Court’s Enlightenment: Key Takeaways From Groff and Its Impact on Religious Accommodations” – July 21, 2023
Ogletree Deakins Workplace Strategies Seminar – “Sensing the Laws to Bring Effective Communication Into Focus” – San Diego – May 12, 2023
Corporate Labor and Employment Counsel Exclusive – “The ADA Today and Tomorrow: Trends, Solutions, and Staying Ahead of the Curve” – Colorado Springs – September 23, 2022
Ogletree Deakins Podcast – “Post-Pandemic Religious Accommodation Requests and Objections: The New Workplace Swords and Shields” – June 21, 2022
Ogletree Deakins Workplace Strategies Seminar – “Accommodating the Pandemic: What Do Religious Beliefs, Disabilities, and Politics Have to Do With It?” – Phoenix – May 7, 2022
Ogletree Deakins Workplace Strategies Seminar – “COVID Concerns Continue—Even as the Virus (Hopefully) Wanes” – Phoenix – May 5, 2022
Ogletree Deakins Webinar – “CMS Vaccine Mandate Gets Green Light From Supreme Court: What’s Next for Healthcare Employers?” – January 18, 2022
Ogletree Deakins Webinar – “CMS Boosts Vaccination Requirements in Healthcare: Above and Beyond the OSHA ETS and EO 14042?” – November 10, 2021
Ogletree Deakins Webinar – “Employers, Uncle Sam Wants You to Step Up Your Efforts with Mandatory Vaccination and Testing!” – September 17, 2021
Ogletree Deakins Webinar – “Mandatory Vaccination Policies: Managing Medical and Religious Exemption Requests” – August 31, 2021
Ogletree Deakins Webinar – “FDA Full Approval of Pfizer Vaccine: Will It Accelerate Employer Vaccination Efforts?” – August 27, 2021
Ogletree Deakins Webinar – “The Arrival of Coronavirus Variants and the Sudden Call for More Employers to Mandate Vaccination of Workers” – August 12, 2021
Ogletree Deakins Podcast – “Nontraditional Workers and the ADA, Part II: Volunteers and Student Interns” – June 28, 2021
Ogletree Deakins Podcast – “Nontraditional Workers and the ADA, Part I: Temporary Staffing of Nurses” – May 18, 2021
Ogletree Deakins Podcast – “Finally … COVID-19 Vaccines Are Widely Available: What Should Employers Do Now?” – April 15, 2021
Ogletree Deakins Webinar – “EEOC Greenlights Employer COVID-19 Vaccination Programs…But How and When Will Everything Fall Into Place?” – January 19, 2021
Ogletree Deakins Webinar – “Giving the COVID-19 Vaccination a Shot: What Employers Should Decide and Do Now” – December 3, 2020
Ogletree Deakins Podcast – “Face Coverings, Vaccines, and the ADA, Part I: What Employers Need to Know” – September 8, 2020
Corporate Labor and Employment Counsel Exclusive – “When the Comfort Parrot Starts Cursing: ADA Accommodation Quandaries” – New Orleans – November 15, 2019
Ogletree Deakins Webinar – “A Whole Different Animal: Reasonable Accommodation Requests for Service Dogs and Emotional Support Animals in the Workplace ” – April 9, 2019
Ogletree Deakins Podcast – “Animals as Accommodations in the Workplace and in Businesses” – February 12, 2019
Ogletree Deakins Seminar – “Professional Responsibility in Employment Litigation: Best Practices and Worst Mistakes” – Clayton – June 2018
Clear Law Institute – “FMLA Self Audits: Make Sure You Are in Compliance” – National Webinar – May 2018
DisruptHR St. Louis 2.0 – “Disrupting the Animal in ALL of Us” – Helium Comedy Club – May 2018
Employment Connection of St. Louis – “How Justice-Involved Individuals Navigate the Application and Interview Process” – St. Louis – May 2018
Ogletree Deakins Workplace Strategies Seminar – “The Life of a Discrimination Claim – From Allegation Through Trial” – Phoenix – May 2018
CAPLAW.org Webinar – “To Pay or Not To Pay: That is the Question Regarding Your Interns and Volunteers” – April 2018
Ogletree Deakins Webinar – “To Pay or Not To Pay: That is the Question Regarding Your Interns and Volunteers” – National Webinar – March 2018
Ogletree Deakins Seminar – “Employment Law Briefing” – St. Louis – February 1, 2018
HRMA of Greater St. Louis – “Overhauling Your Performance Appraisals to Avoid or Defeat Claims” – St. Louis – February 2018
Missouri SHRM – “Missouri Day on the Hill – How to Advocate on Behalf of the HR Profession” – Jefferson City – January 2018
Ogletree Deakins Seminar – “Effectively Managing the Most Difficult Leave of Absence and Accommodation Issues” – St. Louis – September 2017
Ogletree Deakins Seminar – “Employment Law Update” – St. Louis – September 2017
Ogletree Deakins Seminar – “To Evaluate or Not to Evaluate: Performance Appraisal Strategies” – St. Louis – September 2017
Enterprise University – “Ever-Expanding Disability Accommodation Obligations” – St. Louis – May 16, 2017
Ogletree Deakins Workplace Strategies Seminar – “The Ultimate Exit Interview Checklist” – San Diego – May 5, 2017
Enterprise University – “Labor & Employment: What Can We Expect from the New Administration?” – St. Louis – March 15, 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
HRMA of Greater St. Louis – “The Ultimate and Effective Termination Checklist” – St. Louis – February 2017
Enterprise University – “Document Creation, Retention and Destruction – Including E-mails, Voicemails and Texts… Oh My!” – St. Louis – November 2016
Lemay Chamber of Commerce – “The New OT Regulations Are Coming . . . Are You Ready?” – 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
Association of Legal Administrators (ALA) – “Quick Decision Time – How Are You Going to Implement the DOL’s New Overtime Regulations?” – St. Louis – September 2016
Enterprise University – “Top 10 Dangerous Wage and Hour (Payroll) Mistakes” – 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
HRA of Central Missouri – “2016 Employment Law Update – The DOL and EEOC Are Aggressive This Election Year!” – Columbia – May 2016
Ogletree Deakins Workplace Strategies Seminar – “The Website Accessibility Litigation Explosion: Is It on Your (Radar) Screen?” – Chicago – May 2016
Crane Agency Briefing – “Top 10 Wage and Hour (Payroll) Mistakes and Effective Discipline, Discharge and Documentation” – St. Louis – April 2016
Enterprise University – “Document Creation, Retention and Destruction – Including E-mails, Voicemails and Texts…Oh My!” – 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
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
Ogletree Deakins Seminar – “Two Can Play that Game . . . Or Can They? Unlawful Retaliation in the Workplace” – 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 8, 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
Interactive HR Workshop – “Managing the Impact of Social Media in Workplace Decisionmaking” – Boca Raton – March 3, 2011
Lorman Education Services – “Missouri Employment Legislation and Case Developments” – webinar – November 9, 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 4, 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

Media Quotes

January 22, 2024 – SHRM – “COVID-19, Flu Surge May Prompt Employers to Turn to Pandemic Playbook”
January 11, 2024 – SHRM – “When Employees with COVID-19 Might Be Allowed to Work from Home”
May 19, 2023 – Bloomberg Law – “Vax Mandate Orders Muddy President’s Procurement Act Authority”
March 28, 2022 – HR Brew – “Handle with care: EEOC puts employers on notice about caregiver mistreatment”
February 16, 2022 – SHRM Online – “Weigh the Pros and Cons of Requiring Booster Shots”
January 7, 2022 – Fortune – “The Supreme Court just signaled it could block Biden’s nationwide vaccine mandate”
January 6, 2022 – SHRM Online – “What’s at Stake in the Supreme Court’s OSHA Vaccine-or-Testing Case”
December 3, 2021 – SHRM Online – “President Calls for Paid Time Off for Boosters in New COVID-19 Plan”
December 2, 2021 – SHRM Online – “Follow Existing COVID-19 Safety Rules as Experts Evaluate Omicron Variant”
November 30, 2021 – SHRM Online – “Unvaccinated Workers, Federal Mandates: What’s an Employer to Do?”
October 13, 2021 – HR Brew – “The mandatory employee Covid testing “mess” is complicated and costly”
September 13, 2021 – Law360 – “4 Key Compliance Areas Under Biden’s Vaccine Mandate”
August 30, 2021 – SHRM Online – “As Breakthrough Cases Rise, So Do Vaccination Mandates”
August 23, 2021 – SHRM Online – “Should Employers Pay for Mandatory COVID-19 Testing?”
August 17, 2021 – SHRM Online – “Understaffed Employers Struggle with Vacation Demands”
May 20, 2021 – Yahoo! Finance – “Can employers legally require unvaccinated workers to wear masks? The answer is likely yes”
May 10, 2021 – Bloomberg Law – “Vaccine Mandates at Work Set for Uptick After Full FDA Approval”
November 2, 2020 – Bloomberg Law – “Covid-19 Vaccine Mandates at Work Promise Employer Headaches”
September 18, 2020 – The Wall Street Journal – “Can an Employer Require You to Get a Covid-19 Vaccine?”
November 12, 2019 – Law360 – “4 Tips For Handling Requests For Animals In The Workplace”
October 8, 2019 – Missouri Lawyers Media – “Blind Woman Presents Novel Challenge to Arbitration Agreement”
April 19, 2018 – SHRM Online – “Know the Law Before Paying Students Less Than Minimum Wage”
February 1, 2018 – HR Dive – “Will unpaid internships make a comeback in light of new guidelines?”
January 16, 2018 – Business Insurance – “Labor Department rebalances test for intern pay”
January 9, 2018 – SHRM Online – “Will DOL’s New Intern Test Revive Unpaid Internships?”
November 6, 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”
September 7, 2017 – Refinery29 – “What’s the deal with severance?”
June 15, 2017 – Refinery29 – “Are You Legally Required To Give Two-Weeks Notice?”
April 6, 2017 – Refinery29 – “Can I Use FMLA If I Don’t Have a Baby?”
January 20, 2015 – St. Louis Business Journal – “Expert Roundtable: What's the Best Way to Find a Job?”
May 6, 2014 – Workforce magazine – “FAMILY Act: A Baby Boon?”
November 21, 2010 – Missouri Lawyers Weekly – “Court OKs New Jury Instructions”
September 19, 2010 – Missouri Lawyers Weekly – “GOP Looks to Roll Back Supreme Court Decisions”
January 21, 2009 – Missouri Lawyers Weekly – “Wrongful Firing Case Remanded for New Trial”
November 3, 2008 – Missouri Lawyers Weekly – “Jury on Trial”
August 6, 2001 – Missouri Lawyers Weekly – “Arbitrator’s Discovery Ruling Not Reviewable”