James J. La Rocca

Partner

James La Rocca maintains a robust labor law practice and an active employment litigation practice. He represents employers in a wide array of labor and employment matters, including litigation before federal and state courts, government agencies, and arbitrators, often involving business critical, complex, novel, and/or sensitive legal issues. He also litigates across the spectrum of employment-related disputes on behalf of employers, including cases involving breach of contract, discrimination, harassment, retaliation, unfair competition, and wage and hour claims.

James advises employers facing union-organizing campaigns, advocating on their behalf in unfair labor practice (ULP) proceedings before the National Labor Relations Board (NLRB) and related litigation in court. In addition, he provides employers with day-to-day advice to comply with the National Labor Relations Act (NLRA) in a variety of contexts, including when employers draft employment policies, performance manage employees, and look to buy, sell, or otherwise transform their businesses. James also negotiates collective-bargaining agreements (CBAs), counsels employers with respect to the administration of CBAs, and handles labor arbitrations stemming from grievances arising under them.

In employment litigation, James’s experience in the discrimination context includes defending employers before government agencies, such as the US Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights (NYSDHR). His wage and hour experience similarly includes representing employers during audits by various government agencies, such as the US Department of Labor, the New Jersey Department of Labor and Workforce Development, the New York State Department of Labor, and the Office of the New York City Comptroller.

James also provides employers with employment law advice to help prevent workplace disruptions and litigation, which includes working with employers to develop a culture that promotes positive relationships with employees, meets business objectives, and remains in compliance.

James frequently speaks and writes on key developments in the labor and employment law field.

Show More

Traditional Labor Law

  • Provided strategic advice and counsel to numerous employers in various industries during union organizing campaigns that helped lead employers to victories, including under the NLRB’s “ambush” or “quickie” election rules that expedited the timeframe for holding elections
  • Represented employers in pre-election hearings before NLRB based on arguments to expand the scope of voting units pursuant to community of interest factors, including under the NLRB’s “micro-unit” standard that makes it easier for unions to cherry-pick voting units
  • Represented a real estate company in two challenges to NLRB orders before federal appellate court—one based on an argument that the president’s appointment of certain board members who issued the initial order violated the US Constitution, and one based on an argument that the subsequent order issued by a properly constituted NLRB was not supported by substantial record evidence
  • Represented numerous employers in various industries from an assortment of ULP charges before the NLRB, resulting in the dismissal or withdrawal of charges, often without issuance of complaints
  • Negotiated numerous CBAs, labor harmony agreements, and project labor agreements on behalf of employers
  • Represented a construction company in its withdrawal from a collective bargaining relationship (and subsequent victory in union election)

Employment Litigation

Wage and Hour Litigation

  • Represented numerous employers in wage and hour putative class and collective actions alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL), including defending a national restaurant chain from alleged violations of the FLSA, NYLL, and New York City Fair Workweek Law in federal and state court
  • Represented a construction company and its owner at hearing before the New Jersey Department of Labor and Workforce Development in response to alleged violations of New Jersey Wage and Hour Law

Unfair Competition, Including Noncompete and Trade Secret Litigation

  • Assisted a national professional recruiting company with various noncompete threats in connection with former employees who went to work for competitors, including drafting cease-and-desist letters and securing compliance with restrictions on favorable terms
  • Obtained multimillion-dollar judgments in Superior Court of New Jersey and Supreme Court of New York in noncompete matters for a national mobile power washing company

Employment Discrimination Litigation

  • Defended numerous employers in various industries from claims of employment discrimination under the Age Discrimination in Employment Act, Americans with Disabilities Act, Family and Medical Leave Act, Title VII of the Civil Rights Act, New Jersey Law Against Discrimination, New York City Human Rights Law, New York State Human Rights Law, Pennsylvania Human Relations Act, and the Philadelphia Fair Practices Ordinance in various courts, including federal and state courts in New Jersey, New York, and Pennsylvania
  • Obtained complete dismissal of claims against a national self-storage company in a matter involving claims of employment discrimination based on alleged disability, familial status, marital status, pregnancy, and sex, which was dually filed with the EEOC and NYSDHR

Labor and Employment Law Advice and Counsel

  • Conducted employee relations training for numerous employers in various industries
  • Conducted training for numerous employers in various industries to help prevent workplace discrimination, harassment, and retaliation
  • Conducted internal wage and hour audits for numerous clients in various industries to help prevent wage and hour violations

 

Results may vary depending on your particular facts and legal circumstances.

  • Boston University School of Law, 2007, J.D.
  • Cornell University, 2004, B.S.
  • New York
  • New Jersey
  • Pennsylvania
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US District Court for the District of New Jersey
  • US District Court for the Eastern District of New York
  • US District Court for the Northern District of New York
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of Pennsylvania
  • US District Court for the Middle District of Pennsylvania

Listed, The Best Lawyers in America, Employment Law – Management (2024–2025)

Listed, Benchmark Litigation, Labor and Employment Star, New York (2024)

Selected, The New York Times Magazine, Super Lawyer for Employment & Labor (2023–2025)

Selected, The New York Times Magazine, Rising Star for Employment & Labor (2013–2022)

Listed, Benchmark Litigation, Labor and Employment Star—Northeast (2020)

Member, American Bar Association

Member, Federal Bar Council

Member, Federalist Society for Law and Public Policy Studies

Member, New Jersey State Bar Association

Member, New York State Bar Association

Member, Pennsylvania Bar Association

Member, Sidney Reitman Employment Law American Inn of Court

Member, Society for Human Resource Management

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection methodology for the above awards can be found here.