Jason S. Mills
A trial lawyer with more than 25 years of experience, Jason S. Mills defends employers against high-profile employment claims and complex Occupational Safety and Health Administration (OSHA) violations. Jason has faced juries in state and federal courts throughout the United States, defending Fortune 500 employers against wrongful termination, discrimination, disability, and government whistleblower claims. He litigates every aspect of employment-related claims at every employee level, from front-line worker to company executive.
Jason has built a reputation for taking on complicated cases that appear impossible to resolve and with trial imminent. He has tried and won cases against some of the most highly regarded plaintiff firms in the country and is frequently retained for the specific purpose of defending cases headed to trial against these firms. In his representation and where appropriate, Jason works closely with the executives and managers named as individual defendants, helping them (and all other impacted employees) through the process of litigation and trial. Jason readily takes cases to trial when a palatable settlement is off the table.
Jason’s trial and litigation practices extend to all matters before OSHA. Jason is one of the few lawyers to be ranked in Band 1 for Nationwide Occupational Safety and Health by Chambers USA. Jason litigates on behalf of employers in challenging and industry-impacting OSHA violations, taking these matters to trial where necessary and bringing a track record of success when doing so.
Jason served as the management-side chair of the ABA Workplace Occupational Safety & Health Committee (WOSH) from 2022–2024, where he coordinated with the government and employee sides in planning the OSHA community’s largest annual event. Jason has strong relationships with federal and state OSHA officials and is well positioned to engage in amicable and productive negotiations where resolution is the preferred outcome.
Jason’s civil litigation and OSHA practices frequently overlap, with Jason litigating civil matters that address purported workplace safety issues. During the COVID-19 pandemic, Jason successfully fended off an effort to shut down a warehouse based on purported COVID-19 protocol violations and led the fight against California OSHA’s Emergency Temporary Standards that created onerous requirements on employers.
Jason also litigates in federal and state court where necessary to oppose improper OSHA search warrants and to appeal matters outside of the federal and state OSHA Review Commissions where necessary.
Jason additionally defends employers against wage and hour putative class actions. He has prevailed at summary judgment on novel wage and hour claims and defeated class certification in various matters, including a notable victory in a security line case. Jason prevailed in the bench trial of a Private Attorneys General Act (PAGA) representative action, convincing the court that no PAGA penalties should be awarded.
In addition to his robust practice of trial court litigation, Jason has argued before the US Court of Appeals for the Ninth Circuit and the California Courts of Appeal.
Prior to joining Morgan Lewis, Jason was a commissioned officer in the US Marine Corps, serving as a judge advocate at Camp Pendleton, California. In that role, he prosecuted and defended more than 250 individuals in Marine Corps courts-martial and litigated to verdict numerous jury trials.
Jason is a veteran of the Iraq War. During his tour, Jason prosecuted on behalf of the First Marine Division operating in the Al Anbar province, prosecuting courts-martial in a hostile combat environment. He completed his five-year service at the rank of captain in 2005.
