James C. Dale

Experience

Representative Work

• Represented a semiconductor manufacturer in conjunction with one of the first multi-plaintiff claims under the Americans with Disabilities Act.
• Led the defense of a large manufacturing business named in a multi-plaintiff age discrimination lawsuit that included claims of disparate impact that were dismissed on summary judgment.
• Obtained dismissal in numerous claims advancing breach of contract and other theories intended to circumvent the doctrine of at-will employment and broaden the existing public policy exception recognized under Idaho law.

Professional Honors & Activities

• Listed in Best Lawyers in America® (currently: Employment Law-Management, Litigation-Labor & Employment Law), 2006-2013
• Selected by Best Lawyers® as Boise Employment Law-Management Lawyer of the Year, 2013
• Selected by Best Lawyers® as Boise Labor and Employment Law Lawyer of the Year, 2011
• Selected as one of "America's Leading Lawyers for Business" (Idaho, Star Individual) by Chambers USA (currently: Labor & Employment), 2006-2013; one of only three Idaho attorneys selected as a "Star Individual" – the highest ranking available in Chambers. Chambers' commentary and client quotes include: "Jim Dale is the clear standout employment lawyer in Idaho, and is acknowledged as such by clients and peers alike. 'Jim knows more about employment law than anyone else in the state,' one source enthused" (Chambers USA 2012). He is known to be an "[e]xcellent labor and employment lawyer who understands the law and always keeps up to date with the most recent changes." Clients also note his ability to draw on his extensive experience and to give detailed responses quickly. One client said, "[E]ven though we are one of his small clients, he responds like we are a big client" (Chambers USA 2011).
• Listed in International Who's Who of Management and Labour & Employment Lawyers, 2012
• Listed in Mountain States Super Lawyers® (Employment and Labor), 2007-2010
• AV Preeminent Peer Review Rated with Marindale-Hubbell®
• Member, Idaho Volunteer Lawyers Program Policy Council, 2006-2010
• Member, Idaho State Bar; co-chair, Employer Liability Subcommittee for Idaho Association of Commerce and Industry, 2004-2006
• Editor, Idaho Employment Law Newsletter, 2001-2004
• Board of directors, Management Labor and Employment Roundtable, 2001-present
• Member, Idaho Association of Defense Counsel
• Member, Editorial Review Board, Idaho Labor Letter, 1995-1996
• Editor-in-chief, Idaho Labor Letter, 1996-2000

Civic Activities

• University of Idaho College of Law Advisory Council, 2006-2011: Member Emeritus, 2012-present; Chair, 2011-2012
• Board of Directors, Ballet Idaho, 2001-2004

Reported Decisions

• Paolini v. Albertson's, Inc., 149 P.3d 822 (Idaho 2006)
• Mitchell v. ZiLOG, Inc., 874 P.2d 520 (Idaho 1994)
• Albertson's, 116 LA 635 (2002)
• Idaho Dep't of Health & Welfare v. Syme, 714 P.2d 13 (Idaho 1986)

Education

• University of Idaho College of Law, J.D., 1982
  Member, Idaho Law Review
• University of Massachusetts at Amherst, B.A., 1979

Admissions

• Idaho
• Utah
• District Court for the Districts of Idaho and Utah
• Ninth Circuit Court of Appeals

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Presentations

• "Social Media & HR: From Privacy to 'Protected Concerted Activity,'" 9th Annual Labor & Employment Advanced Practices Symposium, Las Vegas, Nevada, April 3-5, 2013
• "Arbitration of Employment Disputes Post Stolt-Nielsen and AT&T Mobility" (presenter), Best Practice Club, ACC Association of Corporate Counsel, Mountain West Chapter, Boise, Idaho, May 15, 2012
• "Just What Is a 'Religion'…And What Are Employer's Obligations to Reasonably Accommodate," 5th Annual Labor and Employment Law Advanced Practices Symposium, Las Vegas, Nevada, Mar. 2009
• "Rekindling the ADA: Don't Get Burned by Changes to the Law Against Disability Discrimination," Boise, Idaho, Dec. 2008
• "Appropriate Workplace Conduct—Preventing Harassment and Its Consequences," Boise, Idaho, Jun. 2008
• "The Latest and Greatest Employment Law Developments," Wood River Human Resource Group—Small Business Human Resource Seminar, Ketchum, Idaho, Apr. 2008
• "FMLA Hotspots," LEAP 2007, 4th Annual Labor and Employment Law Advanced Practices Symposium, San Diego, California, Oct. 2007
• "Recent Legal Developments for Idaho Employers—Employment Law News You Can Use," Wood River Human Resource Group—Small Business Human Resource Seminar, Ketchum, Idaho, Jun. 2007
• "Spring Cleaning: Getting Your Employment House in Order," Boise, Idaho, May 2007
• "Hot Topics in Employment Law: Workplace Violence and Harassment," NWRPCA Spring 2006 Primary Care Conference, May 2006
• "Restrictive Covenants: Can They Really Help You C.Y.A. (Cover Your Assets) When It Comes to Retaining Clients and Intellectual Property," AmeriBen/IEC Group 37th Annual Management Conference, Sun Valley, Idaho, Sep. 2005
• "A Logical Approach to Leave Under the ADA and FMLA, Employment Law From A to Z in Idaho," Boise, Idaho, Feb. 2005
• "Recent Developments in Workplace Law," Boise, Idaho, May 2002
• "Pay Practices—Significant Litigation on the Horizon for Employers," Advanced Employment Issues Symposium, Palm Springs, California, Oct. 2001
• "Recent Developments in Workplace Law for Idaho Employers," Boise, Idaho, Oct. 2001
• "Significant Developments in Idaho Employment Law," Boise, Idaho, Jul. 2001
• "Closing the Loop on Medical Information Under the ADA and FMLA, Managing A Work Force In 2001," Boise, Idaho, Mar. 2001
• "A 360 Degree View of Employment Law in Idaho," Boise, Idaho, Nov. 2000
• "The Changing Complexion of the U.S. Workforce," Advanced Employment Issues Symposium, New Orleans, Louisiana, Oct. 2000 and Scottsdale, Arizona, Nov. 2000
• "Third Party Liability—Just Who Can Sue You for Discrimination Anyway? Managing A Work Force In 2000," Boise, Idaho, Feb. 2000
• "Can Insurance Protect Employers from the Big Verdict?," Advanced Employment Issues Symposium, Las Vegas, Nevada, Oct. 1999 and Orlando, Florida, Nov. 1999
• "Requesting and Collecting Useful Medical Information, Advanced Employment Issues Symposium," San Diego, California, Oct. 1998
• "Common Mistakes Under the ADA: Employer Strategies for Minimizing Liability, Managing A Work Force In 1998," Boise, Idaho, 1998
• "Sexual Harassment: From Prevention to Consequences," Idaho State Bar Seminar, Boise, Idaho, 1998
• "An Informal Discussion of Employment Practices Liability Insurance," Idaho RIM, Boise, Idaho, 1998
• "The Current Status of Employment-At-Will in Idaho," Lorman Education Services, Boise, Idaho, 1998
• "Strategies for Effectively Terminating Problem Employees, Managing Your Workforce in 1997," Boise, Idaho, 1997
• "When Outsiders Want In: Responding to OFCCP Compliance Reviews," Advanced Employment Issues Symposium, Scottsdale, Arizona, 1997
• "Employee Leave and the Pregnancy Discrimination Act," Advanced Employment Issues Symposium, Las Vegas, Nevada, 1996
• "Employee Discharge and Documentation," Lorman Education Services, 1994-1997
• "Personnel Law Update, Council on Education and Management, Boise, Idaho, 1994, 1996
• "Gender Discrimination and the Civil Rights Act of 1991," Program Planner, Idaho Law Foundation, 1992
• "Excel for the 1990s, Diversity in the Workplace," Boise State University, Department of Communications, 1991
• "Employment Law Annual Update," Idaho Law Foundation, 1990-1993
• "Labor/Employment Law Practical Skills Course," Idaho Law Foundation, 1990-1997

Publications

• Contributor, "Healthcare Reform," Idaho Business & Law, supplement to Idaho Business Review, Summer 2010
• "Idaho," A Practitioner's Guide to Class Actions, American Bar Association, Tort Trial & Insurance Practice Section, Apr. 2010
• "2003 Legislative Session: Idaho Employers Stand to Gain from Tort Reform," Idaho Employment Law Newsletter, May 2003
• "Court Rejects Employer's Liability for Criminal Act by Off-Duty Employee," Idaho Employment Law Newsletter, Nov. 2002
• "Resolving Disputes Outside the Courtroom—A Strategy for Saving Time and Money," Idaho Employment Law Newsletter, Boise, Idaho, Feb. 2002
• "Proof of Pretext in Discrimination Cases: Another Battle?" The Idaho Labor Letter, Boise, Idaho, Nov. 1998
• "The New Implied Covenant of Good Faith," The Idaho Labor Letter, Boise, Idaho, May 1998
• "Employment Practices Liability Insurance—Fad or Fancy?" The Labor Letters, Boise, Idaho, 1996
• Co-author, "Wage and Hour Law for Idaho Businesses," Idaho Law Foundation, Apr. 1990
• Co-author, "Framing the Issues: From Hire to Fire," Idaho Law Foundation, Apr. 1988
• "Liability Based upon an Affirmative Duty to Act," Idaho Peace Officer, 1988
• "Title VII and Dirty Words in the Workplace," IEC Bulletin, Nov. 1987
• "The Legal Letter—Civil," Idaho Peace Officer, 1987
• "Worker's Compensation and Miscellaneous Cases," Survey Sections, 18 Idaho Law Review 330, 1982

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