Jay J. Athey's practice focuses on representing employers in workplace law matters, including discrimination, harassment, retaliation, and wage claims on the agency level and in litigation. He defends local, regional, and national employers in retaliatory discharge/wrongful termination litigation and more complex litigation, such as class action and collective action cases under the Fair Labor Standards Act and New Mexico Minimum Wage Act. He also represents public employers in litigation involving sovereign immunity under the Federal Torts Claims Act and New Mexico Torts Claims Act.

Jay provides preventive advice and counseling to clients with respect to personnel matters, including investigations, compliance, policy review/development, training, and separation. He also provides counsel to upper management and Boards of Directors on compliance and corporate governance issues related to best practices and management of employment law exposures.

Prior to joining Littler, Jay practiced in Florida, Colorado, and Montana, defending all types of civil litigation cases in state and federal court.

Professional & Community Affiliations


New Mexico Bar Association


Montana Bar Association


Colorado Bar Association


Florida Bar Association

News, Analysis & Press


  • J.D., Florida State University College of Law, 2011cum laude
  • B.A., Flagler College, 2007cum laude

Bar Admission

New Mexico


  • U.S. District Court, District of New Mexico
  • U.S. District Court, District of Montana
  • U.S. District Court, District of Colorado
  • U.S. District Court, Northern District of Florida