James E. Hart represents and counsels public and private sector employers in a wide range of employment and labor matters. With experience in all facets of the litigation process, from initial investigation and filing through trial and appeal, he has represented companies in:
- Wrongful termination
- Discrimination, harassment and retaliation matters
- Complex wage and hour class actions
- Administrative proceedings
He practices in federal and state courts in California, both at the trial and appellate level, and before the Department of Fair Employment and Housing, the Department of Labor, the California Division of Labor Standards Enforcement and the Workers' Compensation Appeals Board. He has specific expertise with:
- Wage and hour laws and regulations, including those that cover classification, overtime, off-the-clock, and meal and rest policies
- The Americans with Disabilities Act and corresponding state disability laws
- Privacy laws
- Appellate procedure
Additionally, James has assisted with internal human resources investigations of employees; audits of company policies; and other ongoing employee matters, such as workplace violence restraining orders. He also provides his clients with compliance counseling.
James conducts training on harassment, termination procedures, wage and hour and other issues. He regularly presents for the Continuing Education of the Bar. A founding member of Littler Mendelson's Orange County office, he is active in the international employment law activities of the firm, including Ius Laboris and is currently in the process of being qualified to practice as a UK solicitor.
James regularly represents:
- Hospitality clients, such as hotels and restaurants
- Medical employers, including hospitals, paramedics, doctors, and pharmacies
- Technology companies
- Retail establishments, including supermarkets and clothing chains
- Transportation clients, including trucking companies and travel associations
Prior to joining Littler Mendelson, James practiced criminal law as a deputy Attorney General in the California Attorney General's Office. While at the Attorney General's Office, he prosecuted felonies and misdemeanors and defended criminal convictions on appeal and in habeas corpus proceedings. He also participated in an exchange program with the Los Angeles City Attorney's Office and worked in the business affairs department at an entertainment company. Previously, James served as an extern to the Honorable Federal District Court Judge Consuelo B. Marshall of the Central District Court of California. He also worked as a legal intern at a music company.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, Board of Directors - Employer Advisory Council of Orange County
- Member, Orange County Bar Association
- Member, Los Angeles County Bar Association
- Member, British American Business Council of Orange County
- Member, University of California at Irvine Alumni Association
- Member, TechAmerica
- Member, Southern California Business Ethics Roundtable
PUBLICATIONS
- July 7, 2011
- March 2, 2010
- January 24, 2010
- November 13, 2008
- March 6, 2008
- April 23, 2007
BLOG ENTRIES
- Wage & Hour Counsel, December 28, 2011
- Wage & Hour Counsel, July 5, 2011
- Wage & Hour Counsel, June 8, 2009
- Wage & Hour Counsel, April 30, 2009
- Wage & Hour Counsel, February 18, 2009
BOOKS & BOOK CHAPTERS
- Hiring, Annotated Employment Document Guide, Continuing Education of the Bar, co-author: Douglas Wickham, 2011
PRESS
- August 19, 2011
- February 22, 2010
- February 19, 2010
- September 1, 2008
ADDITIONAL PUBLICATIONS & PRESS
VIEW ALL- May 2011The Future Of PEOs and Employment Class Action Litigation
Co-author: Heather M. PeckPEO Insider - November 2007English Only Rules In The WorkplaceOrange County Bar Journal
- June 7, 2007Insurance Czar's Moves Aim To Avert CrisisLos Angeles Daily Journal
- 2007Numbers CountThe Advisor
- March 12, 2007Changes Made to the Way You Pay Your Employees: Temporary Employees, Overtime and Bonuses p. B-75Orange County Bar Journal
- 2007What To Do When Law Enforcement Is Investigating A Crime At Your WorkplaceEmployer Publication
- 2007Police Knock On Your Door Investigating Identity TheftEmployer Publication
ADDITIONAL PRESENTATIONS
- September 2010Back to the Basics of Preparing and Opposing Pre-Trial Motions—A Course on Procedure
Continuing Education of the Bar - May 2009Restructuring the workforce - Early retirement incentives, severance, and downsizing
Orange County Chapter of the International Society of Certified Employee Benefit Specialists - March 2008Developing Your Basic Evidence Skills
Continuing Education of the Bar - Jan 2008Terminating Employees With Dignity and Respect
Employer's Advisory Council of Orange County - April 2011 and February 2007New Developments In Wage and Hour Law
Hospitality, Finance, and Technology Professionals - February 2007Emerging Issues in Employment Law
Continuing Education of the Bar