Our people

For more than 25 years, Jim has effectively represented employers before juries, judges, administrative agencies, arbitrators, and mediators throughout the United States, defending claims of age, race, sex, and disability discrimination, sexual harassment, wrongful discharge, defamation, breach of contract, denial of overtime pay and employee benefits, unfair labor practices, and violations of collective bargaining agreements.  He has also brought and defended suits to enforce non-competes and other restrictive covenants.

Jim regularly advises employers on how to manage legal risks in hiring, supervising, evaluating, investigating, and terminating employees, implementing reductions in force, creating and applying personnel policies, and dealing with labor unions.  He helps clients protect key interests through effective employment agreements, restrictive covenants, and separation agreements.  Jim counsels management on how to achieve business goals while complying with federal, state, and local labor laws such as the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Worker Adjustment and Retraining Notification (WARN) Act, the National Labor Relations Act (NLRA), the Employee Retirement Income Security Act (ERISA), wage and hour laws, and affirmative action obligations.  Jim also provides practical management training on issues such as workplace harassment, documenting employee performance, and accommodating disabled workers.

A frequent speaker to business groups, Jim has also published several articles on human resources issues.  He has been quoted in USA Today, the Chicago Tribune, the National Law Journal, The American Lawyer, Workforce Management, Employment Law 360 and other publications on a wide range of labor and employment topics.  Jim is an active participant in the American Employment Law Council, an invitation-only organization of senior employment attorneys who represent management both in-house and as outside counsel, and is a charter member of the Technology Committee of the American Bar Association Section of Labor and Employment Law.  For four consecutive years, he has been selected by his peers as an Illinois Super Lawyer, a designation given to only 5% of attorneys in the state, in the area of "Employment and Labor."

Representative Matters

• In a collective action under the Fair Labor Standards Act in which the client faced potential exposure of more than $2 million for unpaid overtime, liquidated damages, and attorneys’ fees, led a focused, aggressive defense that forced the plaintiffs to settle for less than two percent of the damages they had sought and take nothing for their legal fees.

• Successfully defended a $4 million class action brought by 350 former employees of a meatpacker, alleging violations of the federal plant closing law (WARN Act) and state wage payment law.  After persuading the plaintiffs to drop their state law claims and defeating their repeated efforts to expand the class, convinced a federal judge to dismiss the WARN Act claims by showing that the client’s decision to close its plant was due to unforeseeable business circumstances.

• After filing an aggressive motion for summary judgment, achieved an extremely favorable settlement in a 115-plaintiff class action alleging that the defendants had violated ERISA by disregarding the terms of a severance pay plan, breaching fiduciary duties, amending the plan in violation of ERISA’s anti-cutback rule, and failing to meet statutory reporting and disclosure requirements.

• On behalf of a not-for-profit facility that cares for developmentally disabled children, secured summary judgment on all seven counts of a former employee’s complaint.  The plaintiff claimed that the defendants had discriminated against her based on race as well as an actual or perceived disability, retaliated against her for opposing discrimination, and violated the Family and Medical Leave Act by not permitting her to take intermittent medical leave.

• Obtained summary judgment in a case alleging sex discrimination and retaliatory discharge in violation of Title VII and state law.  The trial and appellate courts rejected the plaintiff’s claim that she had been constructively discharged because of her sex despite evidence that her supervisor, the company president, repeatedly made sexist remarks.

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Publications

• "Labor Department Will Seek to Expand Employers' Obligation to Report 'Persuader Activity'," Reed Smith Employment Law Watch, January 8, 2010.
• "New Law Restricts Employment Arbitration for Defense Contractors and Subcontractors," Reed Smith Employment Law Watch, December 29, 2009.
• "EEOC Revises Mandatory Workplace Poster," Reed Smith Employment Law Watch (October 30, 2009).
• “‘EFCA Lite’: Revised Version of Employee Free Choice Act Moves Forward,” Reed Smith Employment Law Watch (September 17, 2009).
• "Employee Testing After Ricci: What to Do Now," Workforce Management (September 2009).
• “Mandate for Union Posters Proposed,” HR Executive Online (August 20, 2009).
• “Labor Department Proposes Rule Requiring Federal Contractors and Subcontractors to Notify Employees of Right to Unionize,” Reed Smith Employment Law Watch (August 6, 2009).
• “Supreme Court Creates New Risk for Employers Who Use Tests or Other Screening Devices,” Reed Smith Employment Law Watch (July 1, 2009).
• “Illinois Employers Strictly Liable for Sexual Harassment by All Supervisors, Even Those With No Authority Over Victims,” Reed Smith Employment Law Watch (April 24, 2009).
• "U.S. Supreme Court Holds That Union Contracts Can Require Employees To Arbitrate Discrimination Claims," Reed Smith Employment Law Watch (April 6, 2009).
• Co-author, "Organized Labor Gets Its Wish: Congress Introduces the Employee Free Choice Act," Reed Smith Employment Law Watch (March 11, 2009).
• “President Obama Signs Ledbetter Fair Pay Act, Placing New Burdens on Employers,” Reed Smith Employment Law Watch (January 29, 2009).
• “U.S. Supreme Court Protects Employees who Participate in Internal Harassment Investigations,” Reed Smith Employment Law Watch (January 27, 2009).
• “U.S. House Passes Pay Discrimination Legislation Supported by Obama; Senate Poised to Act,” Reed Smith Employment Law Watch (January 15, 2009).
• Co-author, “Employers Likely to Face Major Changes to Employment Laws in 2009,” Reed Smith Employment Law Watch (December 3, 2008).
• “U.S. Supreme Court Faces Variety of Employment Issues,” Reed Smith Employment Law Watch (October 1, 2008).
• Co-author, “Broad Expansion of ADA Rights Poised To Become Law,” Reed Smith Employment Law Watch (September 26, 2008).
• “U.S. Supreme Court Holds That Discrimination Law Also Prohibits Retaliation,” Reed Smith Employment Law Watch (May 27, 2008).
• Co-author, “U.S. Congress Passes Ban on Genetic Discrimination,” Reed Smith Employment Law Watch (May 19, 2008).
• “Congress Considers Sweeping Changes to Employment Laws,” Reed Smith Employment Law Watch (April 22, 2008).
• Chapter Co-author, Employment Termination: Rights and Remedies, 2003 Supplement (ABA/BNA, 2003).
• "Battling the Unknown: Online 'Cybersmears' by Anonymous Employees," 28 Employee Relations Law Journal 47 (2002).
• "The Top Ten Ways to Guarantee Employee Lawsuits," 27 Employee Relations Law Journal 82 (2001), reprinted in 3 Employee Rights Quarterly 62 (2002).
• "Handling Day to Day Performance Problems: How to Manage Litigation Risks," and "Performance Evaluations: How to Minimize Litigation Risks," Employment Alert (1997).
• Quarterly column analyzing key law review articles on labor and employment issues, Employee Relations Law Journal (1984-1999).

Speeches / Presentations

• "Recent Key Employment Cases: What They Mean to You," Reed Smith Labor & Employment Seminar, Chicago (2009).
• "Labor and Employment Legislation in the Obama Era," Reed Smith Labor & Employment Seminar, Chicago (2009).
• "Reductions in Force, Furloughs, and Pay Cuts: Look Before You Leap," Illinois Technology Association Legal Luncheon Seminar, Chicago (2009).
• "Implementing Performance Evaluations That Are a 'Win-Win' for Employers and Employees," Council on Education in Management, Employment Law Update, Oak Brook, Illinois (2005).
• "Privacy and Security in the Electronic Workplace," American Bar Association Section of Labor and Employment Law, Technology Committee Annual Meeting, San Francisco (2003).
• "The Top Ten Ways to Guarantee Employee Lawsuits," Business Executives Association, Chicago (2001).
• "Protecting Your Business Through Enforceable Covenants Not to Compete," Futures Industry Association Law and Compliance Division 22nd Annual Workshop, Baltimore (2000).
• "Effective Employee Handbooks and Performance Reviews," Business Executives Association, Chicago (1999).
• "Employment Law Overview" and "How to Cope: Complying With the Legal Requirements," Institute for Applied Management & Law, Certificate in Essentials of Human Resources Management Seminar, Chicago (1997).
• "Essentials of Employment Law for Executives and Managers," Institute for Applied Management & Law, Chicago (1996).
• "Balancing the Employer's Need to Take Action with the Injured Employee's Rights," Council on Education in Management, Illinois Workers Comp Update, Oak Brook, Illinois (1996).
• "The Borderline Employee: Salvage or Fire?," Council on Education in Management, Personnel Law Update, Oak Brook, Illinois (1995).
• "Should Employers Mandate Alternative Dispute Resolution?," Council on Education in Management, Personnel Law Update, Chicago (1995).

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• Illinois

Court Admissions

• U.S. District Court - Northern District of Illinois
• U.S. District Court - Central District of Illinois
• U.S. District Court - Eastern District of Michigan
• U.S. Court of Appeals - Fifth Circuit
• U.S. Court of Appeals - Sixth Circuit
• U.S. Court of Appeals - Seventh Circuit
• U.S. Court of Appeals - Eighth Circuit
• U.S. Supreme Court

Professional Affiliations

• Member, American Employment Law Council
• Member, American Bar Association, Section of Labor and Employment Law, Technology Committee and Employee Rights and Responsibilities Committee
• Recognized as an Illinois Super Lawyer in the area of "Employment and Labor" in 2007, 2008, 2009 and 2010
• Selected as a Leading Lawyer of Illinois in the area of "Employment Law: Management"