James R. Hays

Mr. Hays is a partner in the Labor & Employment Practice Group in the firm's New York office and co-chairs the firm's Traditional Labor Law Team.

Areas of Practice

Mr. Hays' practice focuses on management labor and employment law. He represents clients in collective bargaining negotiations, labor arbitrations, and all stages of the labor election process, including election campaigns and hearings before the National Labor Relations Board. He also represents clients in employment litigation in federal and state courts, as well as various arbitration forums, and in proceedings before various administrative agencies, including the Equal Employment Opportunity Commission, the United States Department of Labor, and state agencies throughout the United States.

Mr. Hays advises and has represented clients in litigation concerning breach of non-compete agreements and theft of trade secrets. He advises employers on strategies for handling workplace harassment, internal investigations, reductions in staff, discipline and termination actions, and wage and hour issues. Mr. Hays devotes significant time to the defense of complex wage and hour class action litigation.  He regularly counsels clients on preparation and administration of personnel policies and employment strategies and compliance with WARN, FMLA, ADA, COBRA and other federal and state labor statutes.

Education

• J.D., New York Law School, 1990
• B.A., Catholic University, 1982

Admissions

• New York
• Connecticut
• U.S. Supreme Court
• U.S. District Courts for the Southern, Eastern, and Northern Districts of New York
• Western District of Michigan
• District of Connecticut

Articles

• Fears Of A Double-Dip Recession And Managing Workforce Reductions, The Metropolitan Corporate Counsel, November 2011

• New York Takes Significant Steps to Ensure Employee Awareness Regarding Wages, SHRM Legal Report, July 2011
• Quoted in "Workplace Guidance Remains Elusive After Facebook Posting Case Is Settled," Workforce Management, February 9, 2011
• The Social Media Revolution: Recent Developments And Guidelines For Employers To Consider, The Metropolitan Corporate Counsel, December 2010
• “Work Force Reductions: Thoughtful planning helps take the sting out of the process—and reduce the risk of lawsuits,” New York Law Journal, 2007.
• “Are Your Employees Entitled to Overtime Pay? The FairPay (‘White Collar’) Overtime Regulations,” Metropolitan Corporate Counsel, 2004.
• “Evaluating the Poor Performer: Guidelines for the Non-legal Manager,” ACCA Docket 19, No. 3 2001. 

Labor & Employment Law Blog Articles

• "New York State Wage Theft Prevention Act Notice Requirement," January 23, 2012
• "Second Circuit Finds that Employers May be Obligated to Accommodate a Disabled Employee's Commute," October 11, 2011
• "NLRB Requires Employers to Post Unionization Rights Notice," September 2, 2011
• "Connecticut Becomes First State to Mandate Paid Sick Leave," July 20, 2011
• "NLRB Proposes Significant Representation Election Changes That, If Finalized, Likely Will Aid Unionization Efforts," July 1, 2011 
 

Speeches

• "Labor & Employment Law: 2011 Year In Review," New York, New York, November 3, 2011
• “U.S. Labor Laws—What You Need to Know to Avoid Problems,” Institute of International Bankers and Conference of State Bank Supervisors, July 2011
• "Labor & Employment Law Update: Spring 2011 Seminar," New York, New York, May 19, 2011
• "Labor & Employment Law Update: 2010 Year in Review," New York, New York, November 10, 2010
• “U.S. Labor Laws—What You Need to Know to Avoid Problems,” Institute of International Bankers and Conference of State Bank Supervisors, August 2010
• “Training for Supervisors—How to Limit Liability for Employment Issues,” Lorman Education Services, July 2010
• “Employment-Related Records,” Lorman Education Services, October 2007
• “How to Conduct an Internal Investigation,” December 2006
• “2006 Employment Law Update—A Review of Recent Developments,” November 2006
• “How to Maintain an Effective Human Resources Department,” Lorman Education Services, September 2006
• “Advanced Workplace Investigations,” Lorman Education Services, April 2006
• “New Employment Law From A to Z,” Lorman Education Services, November 2005
• “Payroll Management in New York,” Lorman Education Services, May 2005
• “Mastering the FMLA Puzzle,” Council on Education Management, April 2005
• “The FairPay Regulations—New Overtime Challenges,” The Tower Club Breakfast Seminar Series, November 2004
• “2004: A Dynamic Year In Employment Law—Recent Developments,” September 2004
• “Unions—How to Deal with Them,” 46th Annual Professionals In Human Resources Association Conference, September 2003
• “Human Resource Audits in New York,” Lorman Education Services, August 2001