James J.Swartz, Jr.
Partner
Labor & Employment
jswartz@seyfarth.com
Jim partners with employers to solve complex legal problems, from systemic employment issues faced by businesses in an increasingly regulated workplace to high-stakes class and collective lawsuits.
More About Jim
A significant portion of Jim's practice consists of defending companies in complex employment litigation, including class action and multiplaintiff discrimination lawsuits, alleged class actions under state wage-and-hour laws, and collective actions under the Fair Labor Standards Act.
Jim also represents businesses in a broad range of single-plaintiff litigation, including:
- Discrimination and retaliation cases under state and federal law (age, race/color, gender, pregnancy, national origin, religion, and disability claims)
- Sexual harassment claims
- Wage-and-hour disputes under federal and state laws
- Restrictive covenant and employee raiding cases
- Public accommodations cases
In addition to his active litigation and trial practice, Jim advises clients on a host of day-to-day employment matters such as wage-and-hour compliance, contracts, noncompete and nonsolicitation agreements, pay and promotion issues, and other systemic challenges facing employers with large-scale workforces. Jim also assists employers with workplace investigations of misconduct and audits of EEO and wage-and-hour practices. Jim's guiding principle is to work collaboratively with clients to achieve creative and cost-effective solutions that fit with the their business objectives.
Jim is passionate about advancing opportunities for individuals with disabilities, and he serves on the board of directors of L'Arche Atlanta, a home-based nonprofit organization that facilitates the gifts of people with intellectual disabilities.
Jim also represents businesses in a broad range of single-plaintiff litigation, including:
- Discrimination and retaliation cases under state and federal law (age, race/color, gender, pregnancy, national origin, religion, and disability claims)
- Sexual harassment claims
- Wage-and-hour disputes under federal and state laws
- Restrictive covenant and employee raiding cases
- Public accommodations cases
In addition to his active litigation and trial practice, Jim advises clients on a host of day-to-day employment matters such as wage-and-hour compliance, contracts, noncompete and nonsolicitation agreements, pay and promotion issues, and other systemic challenges facing employers with large-scale workforces. Jim also assists employers with workplace investigations of misconduct and audits of EEO and wage-and-hour practices. Jim's guiding principle is to work collaboratively with clients to achieve creative and cost-effective solutions that fit with the their business objectives.
Jim is passionate about advancing opportunities for individuals with disabilities, and he serves on the board of directors of L'Arche Atlanta, a home-based nonprofit organization that facilitates the gifts of people with intellectual disabilities.
- JD, Notre Dame Law School
Journal of College & University Law, symposium editor - BA, University of Notre Dame
- Florida
- Georgia
- Kentucky
- Tennessee
- US Court of Appeals, Eleventh Circuit
- US District Court, Middle District of Florida
- US District Court, Southern District of Florida
- US District Court, Middle District of Georgia
- US District Court, Northern District of Georgia
- US District Court, Eastern District of Tennessee
- US District Court, Western District of Tennessee
- Supreme Court of Georgia
- Georgia Court of Appeals
Related Key Industries
- Obtained summary judgment for retail client in alleged nationwide collective action and Rule 23 class action under New York Labor Law brought by former employees alleging misclassification due to alleged violation of "salary basis" rule. Obtained affirmance of summary judgment victory on matter of first impression in Second Circuit. Following argument, Second Circuit held that the regulations requiring a reasonable relationship between additional compensation and guaranteed compensation did not apply to highly compensated employees.
- Represented retail chain in alleged nationwide collective action with alleged Rule 23 classes under state wage-and-hour laws in six states alleging that employer's "bag check" policy violated state and federal wage laws with respect to hundreds of thousands of non-exempt employees. Argued against and defeated plaintiffs' motion for significant spoliation sanctions related to the preservation of digital video footage, and shortly thereafter resolved the case on terms favorable to retail chain.
- Represented specialty pharmacy services company in alleged nationwide collective action brought by current and former sales representatives alleging misclassification under the FLSA. obtained transfer of case to more favorable jurisdiction, then obtained dismissal with prejudice on favorable terms on behalf of client.
- Represented nationwide retail client in series of FLSA collective and class actions around the country challenging the exempt status of assistant store managers. Obtained favorable consolidated result for client.
- Obtained favorable settlement for retailer in alleged nationwide FLSA collective action brought by employees alleging off-the-clock violations. Settlement followed depositions of named plaintiff and opt-in plaintiffs which solidified record for opposition to plaintiff's motion for conditional certification and resulted in withdrawal of one of the leading opt-in plaintiffs.
- Obtained decertification of FLSA collective action of employees (as well as summary judgment on most of plaintiffs' claims) on behalf of nationwide retail client in an action brought by hourly employees claiming they were owed for uncompensated time worked (i.e., "off-the-clock" claims).
- Obtained voluntary dismissal with prejudice for national retailer before certification of alleged nationwide FLSA collective action brought by employees who claimed that they were misclassified as exempt professional employees; plaintiffs agreed to dismiss their claims following argument on retailer's motion for summary judgment.
- Obtained voluntary dismissal with prejudice in exchange for paying plaintiff's filing fee in alleged collective action brought by professional employee alleging FLSA misclassification. Result was obtained by aggressive pre-discovery discussions with plaintiff's counsel demonstrating prior successful results on similar issues.
- Obtained favorable settlement on behalf of retailer in alleged nationwide collective action and Rule 23 class action under NY Labor Law brought by former store manager alleging misclassification. Resolution achieved before class or collective actions could be certified.
- Represented national restaurant chain in multiplaintiff lawsuit (including EEOC) alleging race discrimination and sexual harassment; resolved matter on favorable terms after depositions of plaintiffs.
- Co-counsel representing specialty payments provider in FLSA collective action alleging misclassification of sales representatives and failure to pay employees minimum wage and overtime.
- Obtained decertification of nationwide collective action alleging misclassification of loss prevention managers under the FLSA, and obtained summary judgment on administrative exemption for remaining plaintiff.
- Represented oil and gas pipeline construction staffing group in alleged nationwide collective and class action alleging misclassification of field workers; following summary judgment and appeal, obtained settlement on favorable terms for client.
- Represented national consumer products company in series of race discrimination and retaliation lawsuits, obtaining judgment as a matter of law during trial, summary judgment, and favorable settlement in all matters.
- Counseled high net-worth client through reclassification of domestic staff.
- Represented national retail chain in discrimination and retaliation lawsuits in the Southeast, successfully resolving or obtaining dismissal of each case.
- Represented national credit reporting agency against lawsuits filed under the Fair Credit Reporting Act by consumers in the Southeast; obtained dismissal or favorable settlement in all instances.
- Represented retail mortgage lender in lawsuit alleging tortious interference with competing lender's employment agreements.
- Obtained summary judgment on behalf of national laundry/uniform service company in age and race discrimination action.
- Obtained dismissal and award of costs on behalf of a national specialty chemical manufacturer in age discrimination lawsuit.
- Represented national restaurant chain in public accommodations lawsuit brought by more than 20 plaintiffs, including the NAACP.
- Represented national health system in individual and multiplaintiff discrimination, harassment, and contractual employment claims in state and federal courts in Kentucky and Tennessee.
Related Trends
Related News & Insights
-
Recognition
03/13/2024
16 Seyfarth Lawyers Earn Acclaim in Who’s Who Legal: Labour, Employment & Benefits 2024
-
Recognition
08/17/2023
210 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2024
-
Blog Post
Oct 11, 2022
New Frontier in COVID-19 Vaccine Litigation
-
Media Mentions
Dec 20, 2021
Jim Swartz quoted in Law360 Employment Authority
- Listed in Best Lawyers in America (Woodward/White Inc.) for Litigation - Labor and Employment (2024)
- Selected for inclusion in Georgia Super Lawyers for Employment & Labor (Thomson Reuters) (2014-2020)
- Selected for inclusion in Georgia Super Lawyers "Rising Stars" for Employment & Labor (Thomson Reuters) (2010-2013)
- ABA (Employment Law Section and Federal Labor Standards Legislation Committee)
- American Employment Law Council
- Metro Atlanta Chamber of Commerce
- Co-Author, "New Frontier in COVID-19 Vaccine Litigation," Employment Law Lookout Blog, Seyfarth Shaw LLP (October 11, 2022)
- Co-Author, "COVID-19 Employment Litigation Trends Update: Part II," Legal Update, Seyfarth Shaw LLP (December 21, 2020)
- Co-Author, "COVID-19 Employment Litigation Trends Update: Part I," Legal Update, Seyfarth Shaw LLP (December 10, 2020)
- Co-Author, "COVID-19 Employment Litigation Trends," Legal Update, Seyfarth Shaw LLP (July 9, 2020)
- Comprehensive Strategies for Protecting Trade Secrets and Confidential Information in the Face of a Mobile Workforce, South Asian Bar Association of North America (2019)
- "Best Practices and Key Considerations for Wage Hour Exempt Classification Audits," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (February 16, 2022)
Jim partners with employers to solve complex legal problems, from systemic employment issues faced by businesses in an increasingly regulated workplace to high-stakes class and collective lawsuits.
More About Jim
A significant portion of Jim's practice consists of defending companies in complex employment litigation, including class action and multiplaintiff discrimination lawsuits, alleged class actions under state wage-and-hour laws, and collective actions under the Fair Labor Standards Act.
Jim also represents businesses in a broad range of single-plaintiff litigation, including:
- Discrimination and retaliation cases under state and federal law (age, race/color, gender, pregnancy, national origin, religion, and disability claims)
- Sexual harassment claims
- Wage-and-hour disputes under federal and state laws
- Restrictive covenant and employee raiding cases
- Public accommodations cases
In addition to his active litigation and trial practice, Jim advises clients on a host of day-to-day employment matters such as wage-and-hour compliance, contracts, noncompete and nonsolicitation agreements, pay and promotion issues, and other systemic challenges facing employers with large-scale workforces. Jim also assists employers with workplace investigations of misconduct and audits of EEO and wage-and-hour practices. Jim's guiding principle is to work collaboratively with clients to achieve creative and cost-effective solutions that fit with the their business objectives.
Jim is passionate about advancing opportunities for individuals with disabilities, and he serves on the board of directors of L'Arche Atlanta, a home-based nonprofit organization that facilitates the gifts of people with intellectual disabilities.
Jim also represents businesses in a broad range of single-plaintiff litigation, including:
- Discrimination and retaliation cases under state and federal law (age, race/color, gender, pregnancy, national origin, religion, and disability claims)
- Sexual harassment claims
- Wage-and-hour disputes under federal and state laws
- Restrictive covenant and employee raiding cases
- Public accommodations cases
In addition to his active litigation and trial practice, Jim advises clients on a host of day-to-day employment matters such as wage-and-hour compliance, contracts, noncompete and nonsolicitation agreements, pay and promotion issues, and other systemic challenges facing employers with large-scale workforces. Jim also assists employers with workplace investigations of misconduct and audits of EEO and wage-and-hour practices. Jim's guiding principle is to work collaboratively with clients to achieve creative and cost-effective solutions that fit with the their business objectives.
Jim is passionate about advancing opportunities for individuals with disabilities, and he serves on the board of directors of L'Arche Atlanta, a home-based nonprofit organization that facilitates the gifts of people with intellectual disabilities.
- JD, Notre Dame Law School
Journal of College & University Law, symposium editor - BA, University of Notre Dame
- Florida
- Georgia
- Kentucky
- Tennessee
- US Court of Appeals, Eleventh Circuit
- US District Court, Middle District of Florida
- US District Court, Southern District of Florida
- US District Court, Middle District of Georgia
- US District Court, Northern District of Georgia
- US District Court, Eastern District of Tennessee
- US District Court, Western District of Tennessee
- Supreme Court of Georgia
- Georgia Court of Appeals
Related Key Industries
- Obtained summary judgment for retail client in alleged nationwide collective action and Rule 23 class action under New York Labor Law brought by former employees alleging misclassification due to alleged violation of "salary basis" rule. Obtained affirmance of summary judgment victory on matter of first impression in Second Circuit. Following argument, Second Circuit held that the regulations requiring a reasonable relationship between additional compensation and guaranteed compensation did not apply to highly compensated employees.
- Represented retail chain in alleged nationwide collective action with alleged Rule 23 classes under state wage-and-hour laws in six states alleging that employer's "bag check" policy violated state and federal wage laws with respect to hundreds of thousands of non-exempt employees. Argued against and defeated plaintiffs' motion for significant spoliation sanctions related to the preservation of digital video footage, and shortly thereafter resolved the case on terms favorable to retail chain.
- Represented specialty pharmacy services company in alleged nationwide collective action brought by current and former sales representatives alleging misclassification under the FLSA. obtained transfer of case to more favorable jurisdiction, then obtained dismissal with prejudice on favorable terms on behalf of client.
- Represented nationwide retail client in series of FLSA collective and class actions around the country challenging the exempt status of assistant store managers. Obtained favorable consolidated result for client.
- Obtained favorable settlement for retailer in alleged nationwide FLSA collective action brought by employees alleging off-the-clock violations. Settlement followed depositions of named plaintiff and opt-in plaintiffs which solidified record for opposition to plaintiff's motion for conditional certification and resulted in withdrawal of one of the leading opt-in plaintiffs.
- Obtained decertification of FLSA collective action of employees (as well as summary judgment on most of plaintiffs' claims) on behalf of nationwide retail client in an action brought by hourly employees claiming they were owed for uncompensated time worked (i.e., "off-the-clock" claims).
- Obtained voluntary dismissal with prejudice for national retailer before certification of alleged nationwide FLSA collective action brought by employees who claimed that they were misclassified as exempt professional employees; plaintiffs agreed to dismiss their claims following argument on retailer's motion for summary judgment.
- Obtained voluntary dismissal with prejudice in exchange for paying plaintiff's filing fee in alleged collective action brought by professional employee alleging FLSA misclassification. Result was obtained by aggressive pre-discovery discussions with plaintiff's counsel demonstrating prior successful results on similar issues.
- Obtained favorable settlement on behalf of retailer in alleged nationwide collective action and Rule 23 class action under NY Labor Law brought by former store manager alleging misclassification. Resolution achieved before class or collective actions could be certified.
- Represented national restaurant chain in multiplaintiff lawsuit (including EEOC) alleging race discrimination and sexual harassment; resolved matter on favorable terms after depositions of plaintiffs.
- Co-counsel representing specialty payments provider in FLSA collective action alleging misclassification of sales representatives and failure to pay employees minimum wage and overtime.
- Obtained decertification of nationwide collective action alleging misclassification of loss prevention managers under the FLSA, and obtained summary judgment on administrative exemption for remaining plaintiff.
- Represented oil and gas pipeline construction staffing group in alleged nationwide collective and class action alleging misclassification of field workers; following summary judgment and appeal, obtained settlement on favorable terms for client.
- Represented national consumer products company in series of race discrimination and retaliation lawsuits, obtaining judgment as a matter of law during trial, summary judgment, and favorable settlement in all matters.
- Counseled high net-worth client through reclassification of domestic staff.
- Represented national retail chain in discrimination and retaliation lawsuits in the Southeast, successfully resolving or obtaining dismissal of each case.
- Represented national credit reporting agency against lawsuits filed under the Fair Credit Reporting Act by consumers in the Southeast; obtained dismissal or favorable settlement in all instances.
- Represented retail mortgage lender in lawsuit alleging tortious interference with competing lender's employment agreements.
- Obtained summary judgment on behalf of national laundry/uniform service company in age and race discrimination action.
- Obtained dismissal and award of costs on behalf of a national specialty chemical manufacturer in age discrimination lawsuit.
- Represented national restaurant chain in public accommodations lawsuit brought by more than 20 plaintiffs, including the NAACP.
- Represented national health system in individual and multiplaintiff discrimination, harassment, and contractual employment claims in state and federal courts in Kentucky and Tennessee.
Related Trends
Related News & Insights
-
Recognition
03/13/2024
16 Seyfarth Lawyers Earn Acclaim in Who’s Who Legal: Labour, Employment & Benefits 2024
-
Recognition
08/17/2023
210 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2024
-
Blog Post
Oct 11, 2022
New Frontier in COVID-19 Vaccine Litigation
-
Media Mentions
Dec 20, 2021
Jim Swartz quoted in Law360 Employment Authority
- Listed in Best Lawyers in America (Woodward/White Inc.) for Litigation - Labor and Employment (2024)
- Selected for inclusion in Georgia Super Lawyers for Employment & Labor (Thomson Reuters) (2014-2020)
- Selected for inclusion in Georgia Super Lawyers "Rising Stars" for Employment & Labor (Thomson Reuters) (2010-2013)
- ABA (Employment Law Section and Federal Labor Standards Legislation Committee)
- American Employment Law Council
- Metro Atlanta Chamber of Commerce
- Co-Author, "New Frontier in COVID-19 Vaccine Litigation," Employment Law Lookout Blog, Seyfarth Shaw LLP (October 11, 2022)
- Co-Author, "COVID-19 Employment Litigation Trends Update: Part II," Legal Update, Seyfarth Shaw LLP (December 21, 2020)
- Co-Author, "COVID-19 Employment Litigation Trends Update: Part I," Legal Update, Seyfarth Shaw LLP (December 10, 2020)
- Co-Author, "COVID-19 Employment Litigation Trends," Legal Update, Seyfarth Shaw LLP (July 9, 2020)
- Comprehensive Strategies for Protecting Trade Secrets and Confidential Information in the Face of a Mobile Workforce, South Asian Bar Association of North America (2019)
- "Best Practices and Key Considerations for Wage Hour Exempt Classification Audits," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (February 16, 2022)