James T. Prusinowski
Representing Businesses related to Labor And Employment Law
Jim, a founding member of the firm, is its managing partner. He primarily represents privately held businesses and public entities serving as their fractional labor/employment counsel. In this capacity, he represents clients business entities providing day-to-day guidance in addressing managing their employees management and compliance with legal requirements. In his representation of businesses He he also advises clients concerning restrictive covenants, how to avoid wrongful termination claims and, harassment claims, defends against civil rights claims, defamation, and negotiates contract disputes. He also represents clients before administrative agencies such as the Office of Administrative Law,related to Department of Labor audits for wage and hour claims, independent contractor classifications, civil rights claims filed with the New Jersey Civil Service Commission, Wage and Hour, Unemployment, agencies overseeing New Jersey pensions, and the Public Employment Relations Commission.
In addition to working with businesses related to their personnel, Jim regularly assists clients with business contracts such as between the business and sub-contractors, vendors, suppliers and client agreements. He assists businesses with their reputation management to ensure their brand is not improperly tarnished. He also assists family owned and closely held businesses with managing day-to-day operations and corporate governance.
Meet James "JIM"
Jim regularly serves as fractional employment counsel for businesses. In this role, he provides direction, assistance and guidance to human resource managers related to complex personnel matters. He also gives guidance and assistance to family and closely held businesses which do not have dedicated human resource managers. To accomplish this, he advises on business compliance with legal requirements such as mandated sick leave or leave to attend to a serious medical condition; accommodations for disabilities; review and compliance with wage and hour requirements; assessment of employee and independent contractor status; drafts employment agreements; severance agreements; prepares and assists with applying personnel policies; and other day-to-day matters that arise within businesses.
Labor Law Experience
He is also experienced in traditional labor law and has negotiated collective bargaining agreements for private employers and public entities; as well as conducted numerous interest and grievance arbitrations.
Employment Law Experience
Jim regularly represents businesses concerning Department of Labor audits that review wage and hour claims, Family Medical Leave compliance, and independent contractor status. He also represents companies that have had New Jersey Department of Civil Rights - New York Human Rights Agency - Equal Employment Opportunity Commission complaints filed by current and former employees alleging harassment of discrimination in the workplace.
Jim has litigated many claims to enforce or defend against restrictive covenants, claims of workplace discrimination, and breach of contract. He has submitted cases to jury trials on contract and alleged discrimination claims and bench trials before judges in contract disputes.
Fractional General Counsel Experience
He oversees and conducts investigations assessing claims of sexual harassment in the workplace, claims of discriminatory practices based upon age, race and/or disability, whistleblower claims and other alleged wrongful employment claims. He regularly defends businesses based upon these types of claims.
Jim drafts commercial agreements for businesses related to vendor and client engagements, services agreements, sub-contractor agreement and other commercial deals.
Reputation Management Experience
Jim works with businesses to protect their reputation. He assists with reviewing potential claims associated with reputation management. He works with reputation management companies which seek to minimize or eliminate negative and false claims made about businesses. He has also handled defamation litigation having presented issues related to defamation to the New Jersey Supreme Court which issued a seminal decision on republication.
He has specialized knowledge on constitutional issues that affect businesses such as free speech concerns of employers and employees, defamation claims, search and seizure laws, privacy of data, ownership of information contained on company-owned computers and religious issues in the workplace.
Ideal Clients
Jim represents businesses in New York, New Jersey, and Pennsylvania who are experiencing labor, employment and reputation-defamation challenges. In addition to small to medium size businesses, his clientele includes non-profit entities. He tends to work with his clients for many years which allows him to understand their business, and creates a trusted relationship with the business, which ultimately enhances the business’s bottom line. He builds value by solving problems effectively efficiently, and creatively.
Notable Cases
“This information is for general informational purposes only and does not constitute legal advice. Past results are not a guarantee of future results. The outcome of your legal matter will depend on the specific facts and circumstances of your case, and no representation is made that the quality of legal services provided will result in the same or similar outcome as previous cases.”
Employment Law
Mr. Prusinowski has worked with businesses in defending claims made by former employees with the Division on Civil Rights. Frequently when an employee leaves a company, he/she may file a claim with the Division on Civil Rights claiming harassment or discrimination. He has been successful in shielding the business from direct contact with the Agency and navigating the claims to findings of no probable cause.
Employment Law
Businesses in New York and New Jersey with employees “at-will” can be terminated for any reason or no reason. This is often challenged by former employees. Mr. Prusinowski has been successful in assisting businesses navigate the legal loopholes of these employee-friendly discrimination laws. Mr. Prusinowski assists in ensuring businesses that their decision can be supported if challenged in court. He regularly assesses employee performances, engagement between the business and employee, and helps solidify a termination against legal challenges.
Corporate Law
Mr. Prusinowski has worked with business owners wishing to leave the company they formed. In some instances, they have brought in new, younger partners, and form a new company without violating the operating agreement’s restrictions on completive business. Through discussions and negotiations with the new partners, He assisted with finding a resolution everyone could work with related to areas of work, client engagements, and employee solicitations.
Employment Law
Jim partners with many businesses and work with their human resource directors to navigate medical leave, disability accommodations, challenging employee terminations, and business management transitions.
Employment Law
Jim has had many opportunities defending businesses against claims filed against the employer with the department of labor claiming they were misclassified as independent contractors. In these cases, he has worked directly with the DOL through the audits, and assist the businesses comply with the legal obligations, without producing more than necessary information and mitigated any penalties that may be imposed upon the businesses from the classifications. In some cases, this required going to hearings on issues, while in other cases we have resolved the state’s claims through negotiation and mediation.
Corporate Law
Mr. Prusinowski has assisted business owners in employment issues by proposing how to navigate the situation without engaging the courts. He discussed business ready solutions to navigate non-litigation solutions.
Bar Admissions
- United States Supreme Court
- United States Court of Appeal, Second Circuit
- United States Court of Appeal, Third Circuit
- United States District Court, District of New Jersey
- United States District Court, Eastern District of New York
- United States District Court, Southern District of New York
- United States District Court, District of Pennsylvania
- Superior Court of New Jersey
- United States Court of Appeal, New York
- Supreme Court of New York
Education
- Seton Hall University, School of Law, JD
- University of Northern Colorado, BA
Memberships
- New Jersey State Bar Association
- Morris County Bar Association - Labor and Employment Section
- Federal Bar Association
Professional Engagements
Honors & Awards
Community Involvement
Volunteered to provide legal assistance to New Jerseyians for Alternatives to the Death Penalty. Sat on the Steering Committee for South Mountain Peace Action in South Orange and Maplewood, New Jersey.