Jim has extensive experience in handling labor and employment law litigation in federal and state courts, and before the Equal Employment Opportunity Commission, the National Labor Relations Board, 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.
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 wage and hour laws, and discrimination 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 has advised and defended 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. Jim has significant experience with training, advising and defending companies and organizations regarding their obligations to disabled customers and patients pursuant to Title III of the Americans with Disabilities Act. Jim has successfully defended and settled numerous discrimination charges and wrongful discharge claims. When necessary, Jim litigates cases in court and has tried numerous cases in front of juries, judges and arbitrators.
He has significant experience drafting and negotiating employment and non-competition/non-solicitation agreements. Depending on the client’s perspective, he has successfully enforced (or defeated) these types of agreements in court.
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.
Title III of the Americans with Disabilities Act prohibits discrimination by companies and organizations who provide services to the public, and Jim regularly advises such clients regarding ADA compliance and defends those entities when claims are brought against them by the Department of Justice and similar state civil rights agencies.
Finally, because of his judicial clerkship experience and the direct handling of many appeals since, 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.
Illinois
Missouri
U.S. Court of Appeals, Seventh and Eighth Circuits
U.S. District Court, Central and Southern Districts of Illinois
U.S. District Court, Eastern and Western Districts of Missouri
U.S. District Court, District of Colorado
Education and Honors
- "AV" rating by Martindale-Hubbell
- Super Lawyers (2008-2011)
- Best Lawyers in America (2010-2012)
Professional Activities
- American Bar Association (Labor and Employment Law Section; Co-Chair, FMLA Subcommittee, 2009 - present)
- 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
- Human Resources Management Association of Greater St. Louis (Vice-President of Programs)
- United Hebrew Congregation (Interfaith Outreach Committee)
- 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
In The News
- 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"
- 2011 - Missouri Administrative Law, Fourth Edition - "Administrative Procedures Under Civil Rights Laws"
- Winter 2010 - Association of Corporate Counsel, St. Louis Chapter Newsletter - "How Personal Liability for Workplace Injuries Has Extended to Co-Workers"
- Fall 2010 - The Monitor (publication of The American Society of Safety Engineers) - "Functional Capacity Evaluations & Return to Work"
- 2008/2011 - The Family and Medical Leave Act - "Interrelationship with Other Laws, Employer Practices and Collective Bargaining Agreements (Chapter 9 Editor)"
- 2008 - Missouri Employer-Employee Law, 3rd Edition - "Leaves of Absence"
- January 2006 - Midwest In-House Lawyers Weekly - "Will Employers and Employees ‘Waive’ Goodbye to Juries?"
- 2002 - How Arbitration Works - "Use of Substantive Rules of Law"
- April 2001 - Missouri Lawyers Weekly - "Drafting Effective Mandatory Arbitration Agreements in the Employment Relationship"
- 2000/2011 - American Bar Association - "ABA Annual Midwinter Meeting Report of the Subcommittee on the Family and Medical Leave Act (Contributing Author, 2000-2008; Editor, 2009-2011)"
- April 1998 - Missouri Lawyers Weekly - "Disability Benefits vs. Disability Discrimination-Which One Will It Be?"
- Summer 1995 - Washington University Journal of Urban and Contemporary Law - "Immunity Through Reporting Oil Spills-A Safe Harbor, or Just the Tip of an Iceberg?"