James Francis Barna

JIM BARNA BRINGS A WEALTH OF EXPERIENCE TO EMPLOYMENT LAW REPRESENTATION. Throughout his career, Jim Barna has focused his practice on employment law. Jim did his undergraduate studies at Syracuse University and Stony Brook University. Jim attended law school at Washington University in St. Louis, a Top Twenty law school with an extensive employment law curriculum. While in law school, he had the opportunity to work for a national leader in employment law and womens rights litigation, Mary Anne Sedey. “From Mary Anne Sedey, I saw that big cases can bring big changes, and that a life devoted to seeking justice can coincide with success for clients and attorneys.” After he graduated from law school in 1996, Jim spent ten years working for nationally recognized employment law firms in Memphis, Tennessee, a center of labor and employment law work. During that time, he handled litigation matters in 22 states, and the District of Columbia. Jim has owned practices in Maine and New York since that time, continuing to represent corporate employers as well as employees. His specialties include contract negotiations for executives and physicians, EPLI (employment practices liability insurance) defense, workplace discrimination, harassment, other workplace related legal issues, and labor law. In 2002, Jim was associate counsel, and coauthor of the victorious merits brief, in the first Family and Medical Leave Act (FMLA) case to be heard by the United States Supreme Court, Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81 (2002). He is a member of the Bar of the United States Supreme Court. Jim is holds law licenses in New York, Maine, Tennessee, and Mississippi, and represents clients throughout the United States.

Washington University School of Law

J.D. (1996)

1993 - 1996

Honors: Articles Editor of Law Review

Activities: Published twice during law school

State University of New York - Stony Brook

B.A. | Multidisciplinary Studies

1989 - 1992

Syracuse University

1987 - 1988

Owner

The Barna Law Firm

2017 - Current

Special Counsel

Costello Cooney Fearon PLLC

2014 - 2017

Mr. Barna was a member of Costello, Cooney & Fearon, PLLC’s Labor and Employment practice group. He has a broad range of experience advising clients in both the private and public sectors. In addition to his employment litigation experience, he advises clients in improper and unfair labor practice hearings and representation proceedings before the NLRB and PERB. He counsels clients with wage and hour and benefits issues. He advises clients on how to avoid expensive and lengthy employment litigation by drafting human resource policies and procedures, including documentation of employee performance problems. Mr. Barna frequently represents corporate clients with insured employment claims (EPLI representation). He also represents executives, physicians and professionals in their employment law claims.

Principal

The Barna Law Firm

2008 - 2014

Principal

Down East Law & Litigation

2006 - 2008

General legal practice serving individuals and businesses in Eastern Maine. Represented clients in litigation, employment law, wills, administrative law, landlord and tenant law, and criminal law.

Senior Associate

Weintraub Stock & Grisham

1999 - 2006

Corporate employment law and litigation practice. Represented corporate and governmental clients in litigation and administrative proceedings in state and federal jurisdictions throughout the United States. Litigation practice included trials and appeals, including matters before the United States Supreme Court. Advised clients on compliance with federal and state statutes and regulations. Represented and advised clients in unfair labor practice charges, union election campaigns, and labor arbitrations.

Attorney

Waggoner Law Firm

1998 - 1999

Trial practice in association with two other attorneys representing clients in personal injury, criminal, and employment discrimination matters. Handled matters before state and federal courts and agencies.

Associate

Ford & Harrison

1996 - 1998

Management employment law and labor relations practice. Represented clients in employment litigation and administrative proceedings. Advised clients on compliance with employment laws and regulations, as well as discrimination laws.

Seven Job-Search Mistakes of New Physicians

www.medscape.com

April 7, 2015

10 Basic Rules for Successful Physician Job Negotiation

Self Published

October, 2010

Government Contractors Beware, Recent Changes to Federal Affirmative Action Requirements

Tennessee Bar Journal

September, 2001

New Rules Burden Government Contractors

Memphis Business Journal

September 8, 2001

Keeping the Boss at Bay - Post-Termination Retaliation Under Title VII: Charlton v. Paramus Board of Education, 25 F.3d 194 (3d Cir. 1994), 47 Wash. U. J. Urb. & Contemp. L. 259 (1995)

Washington University School of Law

1995

Notary Public

Onondaga County, New York, Clerks Office

American Bar Association

Member

2010 - Current

Onondage County Bar Association

Member

2008 - Current

National Employment Lawyers Association- New York

Member

2008 - Current

New York State Bar Association

Member

2008 - Current

Maine

Since 2007

Mississippi

Since 2001

New York

Since 2008

Tennessee

Since 1996

• Credit Cards Accepted
• Contingent Fees
  Contingent fees accepted for particularly strong cases.
• Rates, Retainers and Additional Information
  Fees can be flat fee, hourly, contingent, or a combination of these depending on the needs of the client and the strength of the case.

• Labor Law

Q. In NY State, in the public sector unionized workplaces, how do the parties (workers and employers) enforce their rights?

January 10, 2019

A: This is a very broad question that can be answered in many ways, but broadly in New York there is legislation (the Taylor Law) that sets up a system of procedures and protections for public sector employers and employees. Under this system, employees have to serve a probationary period after they are hired, but after that probationary period, most employees are protected by "just cause" job protections. That is, the employer must have an objectively good reason to terminate an employee, which must be based on good evidence. Employee discipline can be challenged in a grievance procedure, which ultimately leads to an arbitration procedure before a neutral party (not a government official). Most employees in government service are in a union, which bargains with the state employer for pay and benefits. If bargaining is unsuccessful, the parties can refer the issues to an administrative judge who decides the disputed issues. In exchange for public employers agreeing to bargain with the unions, public unions by law are not allowed to strike. ... Read More

Q. FMLA and Workmass Compisation

December 27, 2018

A: There is no requirement under the Family and Medical Leave Act to be compensated for time off for treatment. However, your employer is supposed to coordinate the protections of the FMLA and Workers' Compensation. If your employer chooses to compensate for FMLA leave, or if you have paid sick leave or vacation benefits that you wish to use for this leave, your employer is supposed to allow this.

Q. My wife works at Lombardo's Bridie Manor and my boss The Owner Lawrence Lombardo takes 75% of Gratuity from wait staff.

December 27, 2018

A: Under New York law, an employer is prohibited from taking a portion of employees' tips, or from requiring that they be shared with nonservice employees in a restaurant setting. There is one exception to this rule: With regard to a banquet or special function, the employer may share a percentage of the service charge with nonservice employees, and retain a small handling charge for the restaurant. Taking seventy-five percent of the gratuity is likely employer theft.

My office serves all of Central New York.