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NJL People: David A. James

Dave is, above all, a counselor.  He supports businesses by designing and implementing complex policies and transactions, advising regarding thorny personnel actions, navigating challenging collective bargaining agreements, and resolving complicated litigation. Dave is an extension of clients’ human resources and labor relations teams, a true partner.

Dave’s strength lies in his practical advice designed to meet clients’ objectives, not frustrate them. He understands that his clients need creative solutions—which are rarely the most conservative path—so he’s committed to finding answers that concurrently achieve business objectives and mitigate risk.

Beyond work, Dave manufactures any excuse to get outside whenever Minnesota permits. Hiking, golfing, running, or just enjoying a patio, he embraces the outdoors. Dave’s wife is fully on board; their boys are works in progress.

Key Industry Experience

  • Retail
  • Manufacturing
  • Nonprofit
  • Health Care
  • Financial Services and Insurance
  • Hospitality

Representative Matters

  • Counseling: Served as management’s primary employment counsel, often partnering directly with human resource professionals on retainer and operating as a cost-effective extension of their in-house team.
  • Labor relations: Obtained favorable results in numerous union elections, grievance arbitrations, and contract negotiations.
  • Reductions in force: Constructed and executed significant reductions in force for various Fortune 500 companies and organizations of all sizes across industries.
  • Department of Labor investigations: Defended wage and hour investigations to dismissal or resolution on favorable terms when necessary.
  • Class litigation: obtained denial of conditional certification in exemption and contractor misclassification cases in the retail and health care spaces.
  • Single-plaintiff litigation: obtained summary judgment in numerous decisions, such as health care whistleblower claims, retail age discrimination claims, and financial services pre-employment claims.

Recognitions and Honors

  • Phi Beta Kappa, Wake Forest University
  • Order of the Coif, University of Minnesota Law School

Publications and Presentations

  • Numerous corporate and manager trainings for best practices and compliance
  • Employment Law Whirlwind Tour: Drug Testing, Litigation Avoidance, and the Opportunity to Ask Your Questions, Farm Equipment Manufacturers Association
  • Recreational Marijuana Comes to Minnesota, Minnesota Chamber Workplace Regulation and Compliance Series
  • Cannabis in the MN Workplace, Twin Cities Chapter of International Society of Certified Employee Benefits Specialists
  • In-House Crash Course, Minnesota CLE
  • Advising the Closely Held Business, Minnesota CLE
  • ADA and FMLA Interplay and Best Practices, SHRM Chapter meeting
  • Separation Agreement Best Practices, CPA Firm Management Association
  • “Whirlwind Tour of Employment and Labor Law FAQs,” Farm Equipment Manufacturers Association Spring Conference
  • “Ahead of the Class: Staying One Step Ahead of Various Federal Initiatives,” SHRM chapter meeting
  • “Introduction to Separation Agreements,” SHRM chapter meeting
  • “Worker Classification: Employee or Independent Contractor?” Twin Cities Human Resources Association Spring Conference
  • “The NLRB and Your Workplace,” Farm Equipment Manufacturers Association Spring Conference
  • “White-Collar Exemptions,” SHRM chapter meeting
  • Summary Guide to Minnesota Statutes Ch. 181, co-authored with Joseph G. Schmitt, Minnesota CLE
  • White Collar Exemptions, audio conference on FLSA classification, Workplace HR & Safety
  • “Beyond the Time Clock: Blackberries and the Non-exempt Workforce,” Corporate Counsel’s Records Retention Report; Employment Litigation Reporter
  • “Out with the Old: The ADA Amendments Act and new FMLA Regulations,” Compliance Today
  • Congress Retaliates: The ADA Amendments Act and Its Impact on Management, audio conference on ADA Amendments, Workplace HR & Safety

Professional Associations

  • Minnesota State Bar Association
  • Society for Human Resource Management

Community Engagement

  • Disability advocacy

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