A seasoned labor and employment attorney with over three decades of experience representing employers, Jim defends employers in both state and federal courts and before state, federal and local governmental agencies, and counsels employers on traditional union labor law issues.
From discrimination and harassment claims to collective bargaining negotiations, he is known for finding creative and practical solutions to his clients’ labor and employment matters. Whether in the courtroom, before an administrative agency or at the negotiating table, Jim’s focus is on achieving the most cost-effective and beneficial result for his clients.
In addition to handling litigation in court, Jim regularly defends employers in matters before the U.S. Equal Employment Opportunity Commission (EEOC), New York State Division of Human Rights, New York City Commission on Human Rights, Occupational Safety and Health Administration (OSHA), and the U.S. and New York State Departments of Labor.
Representing clients in collective bargaining negotiations, handling labor arbitrations, advising clients on day-to-day collective bargaining agreement administration, and defending clients before the National Labor Relations Board (NLRB) is also a large part of Jim’s practice.
Many clients also rely on Jim’s experience for practical advice on managing day-to-day employment issues, such as disciplining and terminating employees, providing reasonable accommodations, severance agreements, and wage and hour compliance.
Selected for the Upstate New York Super Lawyers® list, 2007-2008, 2011-2024
Listed in Chambers USA: America’s Leading Lawyers for Business, 2021-2024
Listed in The Best Lawyers in America®
Named the Best Lawyers® Labor Law “Lawyer of the Year” in Buffalo, 2021
Awards & Certifications
Education & Admissions
Education
State University of New York at Buffalo Law School, J.D., magna cum laude, 1990
Hobart College, B.A., cum laude, Phi Beta Kappa, 1986
Admitted to Practice
New York
U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
U.S. Court of Appeals, Second Circuit
Experience
Representative Matters
Represented private jet charter company in discrimination matter involving claims of sex, disability and pregnancy disability.
Obtained dismissal of discrimination claims filed against national sports organization.
Obtained a favorable arbitration decision upholding a client’s right under its collective bargaining agreement to use its discretion in filling position vacancies.
Represented medical practice in breach of contract claim.
Represented roofing company against OSHA citations arising from fatality incident.
Prevailed in an NLRB unfair labor practice charge filed by client requiring the client’s union to sign the parties’ collective bargaining agreement.
Panelist, “Policy Perspective: New York State Budget,” Buffalo Niagara Partnership Government Affairs, May 2024
Presenter, “AI in the Workplace: Navigating the Legal Frontier,” Buffalo Niagara Human Resources Association (BNHRA), June 2023
Presenter, “From Starbucks to Amazon and Beyond: Recent Developments Regarding Union Organizing,” Phillips Lytle Labor & Employment Law Seminar, October 2022
Presenter, “Labor and Employment Updates,” Phillips Lytle Labor & Employment Law Seminar, October 2021
Presenter, “NY Hero Act: What Employers Need To Know,” Phillips Lytle Labor & Employment Law Webinar, August 2021
Presenter, “Legal Update,” Buffalo Niagara Human Resource Association (BNHRA), June 2021
Presenter, “Legalized Marijuana and the Workplace: What Employers Need to Know,” Phillips Lytle Labor & Employment Webinar, April 2021
Presenter, “Considerations for HR, Operations & Sr. Leaders,” “Preparing Your Business for COVID-19 Vaccines,” Buffalo Niagara Partnership Webinar, April 2021
Panelist, “B2B Panel: Vaccination Guidance for Employers and NY Paid Sick Leave,” Rochester Rotary Club, February 2021
Panelist, “Take A Deeper Dive: Covid-19 Panel” Phillips Lytle and Tronconi Segarra & Associates LLP Webinar, February 2021
Co-Author, “What Employers Need to Know About OSHA’s COVID-19 Vaccine Mandate and Testing Alternative,” Buffalo Business First, October 2021
Author, “What Employers Need to Know About New York State’s New Mandatory Sick Leave Law,” Buffalo Business First, October 2020
Author, “We’re Not in Kansas Anymore: A New World for New York State Employers,” Buffalo Business First, October 2019
Co-Author, “Class Action Waivers and Mandatory Arbitration Agreements,” Buffalo Business First, October 2018
Co-Author, “Labor & Employment: Don’t Hit Pause on Recording Workplace Conversations,” The Daily Record, February 2016
Co-Author, “Labor & Employment: NY Expands Workplace Protections Based on Gender,” The Daily Record, December 2015
Author, “Labor and Employment: U.S. Department of Labor Proposes New Overtime Restrictions and Issues Employee Misclassification Guidance,” The Daily Record, August 2015
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