James Hays is a partner in the Labor and Employment Practice Group in the firm's New York office and is a team leader of the firm's Traditional Labor Law Team.

Areas of Practice

James' 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.

James 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. James 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.



New York Super Lawyer, Super Lawyers, 2013-2022



Labor and Employment Law Blog Posts

Media Mentions

  • Law360, 07.15.2020
  • Material Handling & Logistics, 11.25.2019
  • With New Prez, Hotels Hope For Browning-Ferris Reversal
    Law360, 02.03.2017
  • New NLRB Acting Chairman May Tilt Board Pro-Business
    Society for Human Resource Management, 01.30.2017
  • NLRB Decision Could Complicate ‘Mixed Unit’ Collective Bargaining
    Society for Human Resource Management, 07.15.2016
  • Texas Court Halts Timeline on ‘Persuader Rule’
    Society for Human Resource Management, 06.28.2016
  • NLRB Limits Right to Permanently Replace Strikers
    Society for Human Resource Management, 06.10.2016
  • Society for Human Resource Management, 04.18.2016
  • Workplace Guidance Remains Elusive After Facebook Posting Case Is Settled
    Workforce Management, 02.09.2011

Speaking Engagements

  • "Understanding the Integration of FMLA, WC, Disability and COBRA Time Lines," Lorman Webinar, May 22, 2019
  • "Winning in the U.S. – Key Legal topics and Updates for 2018," Endo-American Chamber of Commerce, February, 16, 2018, Mumbai, India
  • "Key NLRB Developments for Non-Union and Union Employers," Strafford CLE Webinars, February 3, 2016
  • "Where Is the National Labor Relations Act? Non-Traditional Organizing and Technology," Symposium on Technology in the Practice and Workplace, New York Law School, April 30-May 2, 2014
  • "Labor & Employment Law: 2012 Year In Review," New York, New York, November 15, 2012
  • "Key NLRB Developments for Non-Union and Union Employers," Strafford CLE Webinars, November 14, 2012
  • "Labor & Employment Law Update: Spring 2012 Seminar," New York, New York, May 9, 2012
  • "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, 2010-2017
  • "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
  • “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


Digital Media



J.D., New York Law School, 1990

B.A., Catholic University, 1982


  • 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
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