James S.Urban (Jim)

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Jim Urban has represented and counseled employers regarding complex employment and labor matters for more than 20 years. He has successfully tried employment discrimination claims before state and federal court juries, whistleblower claims before Department of Labor administrative law judges, and labor disputes before arbitration panels and National Labor Relations Board administrative law judges. He also has secured injunctive relief in state courts to enjoin unlawful employee activity during labor strikes.

Jim was again selected by peers for inclusion in the 2020 edition of The Best Lawyers in America for both employment and traditional labor law. Jim recently defended two employers in compensation disputes with former executives, and he currently is prosecuting an unfair labor practice charge against a labor union that attempted to coerce a manufacturing employer to honor an unlawful prehire agreement. He has extensive experience defending employers who are accused of failing to pay overtime wages, having represented energy producers, retailers, manufacturers, hospitals, banks, and pharmaceutical companies in such class actions.

Jim previously taught trial advocacy at the University of Pittsburgh School of Law for seven years and frequently speaks at CLE seminars regarding issues that are important to employers, such as use of independent contractors, proper classification of employees, defense of joint-employer allegations, and navigating through wage and hour audits.

Jim also is active in the community. He is outside pro bono legal counsel to the Veterans Leadership Program of Western Pennsylvania and volunteers in other efforts to assist military veterans.

Experience

  • CSXIT wins summary judgment on former employee's discrimination and retaliation claimsJones Day obtained summary judgment on behalf of CSX Intermodal Terminals, Inc. ("CSXIT") on all claims brought by the plaintiff regarding his termination.
  • Lennox International secures dismissal of workplace discrimination lawsuitOn behalf of Lennox International, Inc., Jones Day secured sanctions in the amount of $4,900 against the plaintiff’s counsel, who subsequently voluntarily dismissed a claim of disability discrimination that had been asserted against Lennox by a former sales representative.
  • Halliburton successfully defends against claims in ERISA class actionJones Day obtained a dismissal with prejudice on behalf of its client, Halliburton Company, of a complaint filed by a putative class that alleged that pension benefits were incorrectly calculated in a frozen pension plan, maintained by Halliburton, relating to a divested joint venture.
  • Global payroll company defeats putative class action suit over payroll transaction feesJones Day obtained dismissal of a putative class action case of first impression involving the legality of using pay cards to pay employees for a global payroll company.
  • Verizon obtains injunctive relief against unlawful union activity during seven-week strikeJones Day assisted Verizon Communications, Inc. during a seven-week strike (April 13-May 31, 2016) by members of the Communications Workers of America ("CWA") by obtaining injunctive relief from courts in New York State and the Commonwealth of Pennsylvania and advising daily on strike misconduct and other related issues throughout the Northeast and Mid-Atlantic regions.
  • McDonald's obtains voluntary dismissal from employee of McDonald's franchisee alleging discrimination and retaliationJones Day secured the voluntary dismissal with prejudice of all claims against McDonald’s Corporation in a lawsuit filed by a former mid-manager of a McDonald’s franchisee, who alleged that both the franchisee and McDonald's, as joint employers, discriminated and retaliated against him in violation of Title VII, the ADA, the ADEA, the FMLA, and Pennsylvania common law.
  • Rosebud Mining acquires mining assets of AMFIREJones Day advised Rosebud Mining Company in the acquisition of substantially all of the mining assets of AMFIRE Mining Company, LLC, a subsidiary of Alpha Natural Resources, Inc.
  • Kansas City Southern Railway wins dismissal of breach of contract and FRSA actionJones Day successfully obtained a dismissal on behalf of Kansas City Southern Railway Company ("KCSR") in a breach of contract and Federal Railroad Safety Act ("FRSA") lawsuit brought by an employee in federal court in Texas.
  • U.S. Steel wins Supreme Court donning and doffing caseOn January 27, 2014, the U.S. Supreme Court unanimously upheld the Seventh Circuit Court of Appeals' decision in favor of Jones Day client U.S. Steel Corporation when it ruled that the time workers spent donning and doffing work clothes was not compensable.
  • CBS obtains summary judgment in age discrimination caseJones Day defended CBS Corporation against claims of age discrimination brought by former employees who lost their jobs during the 1990s as part of corporate downsizing and restructuring.
  • U.S. Steel prevails in "donning & doffing" FLSA case filed by United Steelworkers local unionJones Day provided defense to U.S. Steel Corporation in a collective action in which plaintiffs seek to represent all non-exempt production and maintenance employees at Clairton Works and claim that U. S. Steel has failed to pay them overtime compensation for time spent donning and doffing protective clothing and traveling to and from their worksites.
  • U.S. Steel wins summary judgment in putative nationwide FLSA collective action of "donning & doffing"Jones Day defended United States Steel Corporation in a putative nationwide collective action in which plaintiffs seek to represent all non-exempt production and maintenance employees at U.S. Steel's facilities.
  • National City Bank of Pennsylvania wins favorable verdict in contract breach lawsuitA Pennsylvania civil jury returned a verdict in favor of Jones Day client National City Bank of Pennsylvania in a contract breach lawsuit in which the adult children of a deceased depositor, acting as co-administrators of their mother's estate, alleged that National City permitted their uncle (who was the depositor's brother) to divert in excess of $100,000.00 to himself from their mother's accounts without appropriate authorization.
  • Metal Traders prevails in discrimination lawsuit after eight days of trialAfter eight days of trial, over a three-week period, a federal court jury returned a verdict in favor of our client, Metal Traders, Inc. in an employment discrimination lawsuit in which the plaintiff alleged that he had been terminated because of his age and because he was perceived as being disabled.
  • Renal Solutions completes sale to Fresenius Medical CareJones Day counseled Renal Solutions, Inc. in connection with the $210 million sale of the company to Fresenius Medical Care Holdings, Inc.
  • Verizon Wireless prevails in putative nationwide FLSA collective action brought by retail store employeesJones Day represented Verizon Wireless, Inc. in a putative nationwide FLSA collective action which alleged claims for off-the-clock work/unpaid overtime on behalf of current and former employees at Verizon Wireless' 2000-plus retail stores across the country.
  • Potash Corporation obtains dismissal of suit alleging retaliatory discharge in violation of Sarbanes-Oxley ActJones Day represented Potash Corporation of Saskatchewan, Inc. in a retaliatory discharge lawsuit.
  • National City Bank of Pennsylvania defeats class certification in bank branch employees' wage and hour FLSA actionJones Day represented National City Bank of Pennsylvania in a state-wide collective/class action alleging that nonexempt bank branch employees were required to perform uncompensated work outside of their normal scheduled hours in violation of the FLSA, the Pennsylvania Wage Payment and Collection Law and the Pennsylvania Minimum Wage Act.
  • Telecommunications conglomerate defends against arbitration involving collective bargaining agreementJones Day defended a leading telecommunications conglomerate's right to schedule the lunch hour in the arbitration of a grievance in which the union claimed that the employer breached the collective bargaining agreement when it ordered certain employees to take a one-hour lunch break.
  • Telecommunications conglomerate files unfair labor practice charge against the unionJones Day represented a leading telecommunications conglomerate in bringing an unfair labor practice charge against a labor union that represents employees in central New York after the union internally disciplined a bargaining unit member for working as an acting supervisor.
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    January 2017 Commentaries

    The Fate of the New Overtime Regulations Remains Uncertain

    December 2016 Commentaries

    Second Circuit Overturns NLRB Unit Determination and Admonishes NLRB for Misapplying Specialty Healthcare Standard

    August 2016 Alerts

    Final Rule Implementing the Fair Pay and Safe Workplaces Executive Order Released

    May 2016 Alerts

    DOL Mandates 100% Increase in Minimum Salary to Satisfy Fair Labor Standards Act White Collar Overtime Exemptions

    March 2016 Alerts

    Supreme Court Rules Class-Action Wage-and-Hour Plaintiffs Can Rely on Statistical Analysis to Calculate Average Uncompensated Work Time

    January 2016 Commentaries

    Department of Labor Attempts to Take Broad View of Joint Employment Status

    October 2015 Alerts

    NLRB: Successor Employer Determination Must Be Made When Buyer Takes Control of Business

    July 2015 Alerts

    DOL's Position on Worker Classification Remains Unchanged in Department's Newest Guidance

    June 2015 Commentaries

    Colorado Supreme Court Permits Employers to Enforce Zero-Tolerance Drug Policies Against Medical Cannabis Users

    March 2015 Alerts

    NLRB General Counsel Issues Guidance on Workplace Policies
    View All

    Speaking Engagements

    • February 3, 2016
      Breakfast with the Wage & Hour Division
    • February 27, 2015
      2015 Speaker Series: Drilling Down: Wage and Hour Claims in the Energy Industry
    • July 15, 2014
      2014 Speaker Series: Affordable Care Act Update: The Employer Mandate
    • May 1-2, 2014
      Jones Day 2014 Railway Labor Act Symposium
    • March 28, 2014
      2014 Speaker Series: Veterans and Reservists in the Workforce
    • June 20, 2013
      The Affordable Care Act: Current Implementation Issues for Employers
    • January 25, 2013
      The Business of Practicing Law II, Case and Practice Management, Duquesne University School of Law Capstone Program
    • December 19, 2012
      Social Media: The NLRB's Focus on the Lawfulness of Employer Social Media Policies in Both Union and Nonunion Settings
    • July 26, 2012
      2012 Speaker Series
      Health Care Reform and the Affordable Care Act: What's Next for Employers?
    • May 22, 2012
      2012 Speaker Series
      Internal Wage-and-Hours Compliance Audits: Reap the Benefits Before It's Too Late
    • January 24, 2012
      2012 Speaker Series
      Social Media and Its Impact on the Workplace
    • October 20, 2011
      The New Pro-Labor Enforcement Regime at the National Labor Relations Board and Effective Prevention Strategies for Minimizing Employment Law Liability
    • June 28, 2011
      2011 Speaker Series
      Labor and Employment: The EEOC's Renewed Focus on Systemic Discrimination
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