James R. Grasso

Partner, General Counsel Buffalo, New York City, Canada

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.

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Honors & Awards

  • Listed in Chambers USA: Americas Leading Lawyers for Business, 2021-2023
  • Listed in The Best Lawyers in America®
    • Named the Best Lawyers® Labor Law “Lawyer of the Year” in Buffalo, 2021
  • Selected for the Upstate New York Super Lawyers® list, 2007-2008, 2011-2023
Awards & Certifications
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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.
Representative Cases
  • Burch v. Pioneer Credit Recovery, Inc., 551 F.3d 122 (2d Cir. 2008)
  • Allaire v. HSBC Bank USA, 2004 WL 2203986 (2d Cir. 2004)
  • DiStefano v. HSBC Bank USA, 2004 WL 1563103 (W.D.N.Y. 2004)
  • Aratari v. Genesee County Sherrif’s Office, 2004 WL 1812677 (W.D.N.Y. 2004)
  • Samborski v. West Valley Nuclear Services, Co., Inc., 2002 WL 1477610 (W.D.N.Y. 2002)
  • Fulham v. HSBC Bank USA, 2001 WL 1029051 (S.D.N.Y. 2001)
  • In re Mercy Hospital, 336 NLRB 1282, 2001 WL 1699611 (2001)
  • Woolcott v. E.l. Du Pont de Nemours & Company, Inc., 1997 WL 251475 (W.D.N.Y. 1997)
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Speaking Engagements

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  • 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
  • Presenter, “Relief Package 2.0 & Employee Vaccinations,” Buffalo Niagara Partnership Webinar, January 2021
  • Presenter, “New York State Sick Leave Law: What Employers Need to Know, ” Phillips Lytle Labor & Employment Law Webinar, November 2020
  • Presenter, “New York State’s COVID-19 Travel Quarantines,” COVID-19 Comeback Series, Phillips Lytle Labor & Employment Webinar, July 2020
  • Presenter, “Reopening Safely: Regulations, Guidelines and Strategies,” COVID-19 Comeback Series, Phillips Lytle Webinar, May 2020
  • Presenter, “COVID-19: Federal and New York State Leave Laws and Related Employment Issues,” Phillips Lytle Labor & Employment Webinar, April 2020
  • Presenter, “COVID-19: Federal and New York Labor and Employment Laws,” Phillips Lytle Labor & Employment Webinar, April 2020
  • Presenter, “Guidance for Coronavirus in the Workplace,” Phillips Lytle Labor & Employment Webinar, March 2020
  • Speaker, “New York State Human Rights Law Update,” Phillips Lytle Labor & Employment Legal Updates, December 2019
  • Presenter, “NYS Pay Discrimination Updates: What Employers Need to Know,” Rochester Chamber of Commerce, September 2019
  • Presenter, “FMLA and Paid Family Leave: Employee Eligibility & Employer Rights,” Phillips Lytle Labor & Employment Law Spring Seminar, April/May 2019
  • Presenter, “#MeToo: Preventing and Responding to Workplace Harassment,” Phillips Lytle Labor & Employment Law Seminar, April 2018
  • Presenter, “New York State Paid Family Leave Benefits Law – Are You Ready?” Phillips Lytle Labor & Employment Law Workshop, October/November 2017
  • Presenter, “New York State Paid Family Leave,” “Breakfast with a Legal Twist,” Buffalo Niagara Human Resource Association, July 2017
  • Panelist, Buffalo Business First Power Breakfast on the New York State Paid Family Leave Program, June 2017
  • Presenter, “How Healthy Is Your Wellness Program?,” Phillips Lytle Labor & Employment Law Seminar, April 2017
  • Presenter, “Preparing for the New ‘White Collar’ Overtime Salary Requirements,” Phillips Lytle Labor & Employment Law Workshop, November 2016
  • Presenter, “Hot Topics in Labor and Employment Law,” Phillips Lytle Labor & Employment Law Seminar, June 2016
  • Presenter, “The Changing Labor and Employment Landscape,” “What Government Contractors are Facing in 2016,” Phillips Lytle LLP Seminar, March 2016
  • Presenter, “Strategies for Preventing FMLA Leave Abuse,” Phillips Lytle Labor & Employment Law Seminar, March 2015
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Activities & Professional Associations

Present Activities

  • American Red Cross of WNY, Board of Directors

Past Activities

  • Bornhava, Board of Directors
  • City of Buffalo Charter Review Commission, Special Counsel
  • Cleveland Hill Educational Foundation
  • Kevin Guest House, Board of Directors
  • Niagara Frontier Industry Education Council
  • St. Mary’s School for the Deaf, Board of Directors

Professional Associations

  • American Bar Association
    • Labor and Employment Law Section
      • Equal Employment Opportunity Committee
    • Litigation Section
  • Bar Association of Erie County
    • Labor and Employment Committee
  • Buffalo Niagara Human Resource Association
  • Defense Research Institute
    • Employment Law Committee
  • New York State Bar Association
    • Labor and Employment Law Section
    • Trial Lawyers Section
  • Society for Human Resources Management

Articles & Publications

Articles

  • 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