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James P. Carter

James P. Carter, Esq. is a Principal with Jackson Lewis where he concentrates his practice in the defense and counseling of employers on all aspects of employment law, including employment discrimination, harassment and wrongful termination litigation, wage and hour claims, breach of contract claims, and workers’ compensation issues. Mr. Carter brings to this practice prior litigation experience as a workers’ compensation applicant’s attorney, and experience as coverage and litigation counsel for the insurance industry. He has tried many cases at the Workers’ Compensation Appeals Board. From 1990-2001, Mr. Carter tried cases, both bench trials as first chair and jury trials as second chair, in Superior Court. He has handled appeals before the 9th Circuit Court of Appeals and the California Court of Appeal, some of which resulted in published opinions. More recently, Mr. Carter focused on filing and opposing petitions for reconsideration. Mr. Carter received his B.A. degree from Brigham Young University and his J.D. degree from BYU’s J. Reuben Clark School of Law, where he served in the Moot Court organization, and competed on the school’s National Moot Court team.

Education

  • Brigham Young University J. Reuben Clark Law School, J.D., 1990
  • Brigham Young University, B.A., 1984

Honors & Awards

  • Named as one of The Best Lawyers in America every year since 2009 in the practice areas of: Employment Law - Management and Litigation - Labor and Employment
  • Named the Best Lawyers 2015 Orange County Employment Law - Management "Lawyer of the Year"

Publications & Press

  • Mr. Carter speaks frequently to management and human resources groups regarding employment and workers' compensation issues
  • August 18, 2014 - You Win Some and You Lose Some, but Rarely at the Same Time - Iskanian and the California Supreme Court's Conflicting Treatment of Group-Wide Lawsuits - Orange County Business Journal
  • October 12, 2011 - California Is At It Again:  A Dozen New Laws Will Significantly Impact the State's Employers
  • March 21, 2011 - California Employment Arbitration Agreement:  What's the Use? - Orange County Business Journal
  • Contributing Author, Family and Medical Leave Act and Leave Law, Thomson/West Desk Book
  • Contributing Author, ABA Annual Review - Employment Law Chapter
  • November 20, 2008 - U.S. Department of Labor Issues Final Regulations on Family and Medical Leave
  • June 1, 2011 - Paul Hastings Soars in 2011 Edition of Legal 500 US

Recent Representations

  • Industrial Construction, Solutions and Supplies Client, settling a wage and hour class action alleging unpaid overtime due to invalid alternative work schedule, missed meal and rest breaks, inaccurate wage statements, and related penalties

  • Medical Device Client, settling a wage and hour class action alleging missed meal and rest breaks, off-the-clock work, improper wage deductions and unpaid bonuses, inaccurate wage statements, and related penalties

  • Mining Client, settling a wage and hour class action alleging unpaid overtime due to invalid alternative work schedule, off-the-clock work, missed meal and rest breaks, unreimbursed expenses and unpaid bonuses, inaccurate wage statements, and related penalties

  • Medical Supply Client, settling a wage and hour class action alleging unpaid overtime due to misclassification, missed meal and rest breaks, unreimbursed expenses, and unpaid bonuses, inaccurate wage statements and related penalties

  • Insurance Industry Client, defeating class certification of a wage and hour class action alleging unpaid overtime due to misclassification, missed meal and rest breaks, inaccurate wage statements, and related penalties

  • Financial Industry Client, defeating class certification in various wage and hour class actions alleging missed meal and rest breaks, off-the-clock work, inaccurate wage statements, and related penalties

  • Successfully litigating individual plaintiff cases to judgment, grant of summary judgment,  defense awards in arbitration and through mediation

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