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Attorneys
James B. Sherman 
Minneapolis, Minnesota,
President and CEO
Managing Shareholder of Minneapolis office
Chair of Firm's Executive Committee
phone (952) 746-1700
fax (952) 746-1704
email jasherman@wesselssherman.com

JAMES B. SHERMAN has practiced exclusively in the field of labor and employment law since 1987. He has over 20 years of experience counseling businesses and acting as lead counsel in complex litigation involving all aspects of human resource and workplace law - from Title VII, to ADA and ADEA, FLSA and ERISA, along with most every kind of wrongful discharge and other state contract and tort law claims between employers and their employees.

Licensed for more than two decades to practice law in the state courts of three states - MN, WI and IL - Mr. Sherman has successfully litigated many ground-breaking and precedent-setting federal and state court cases (see representational cases, below). Mr. Sherman also holds the distinguished AV® Preeminent Rating in Labor & Employment Law with Martindale-Hubbell™ based upon its rigorous nation-wide survey of peers in the legal profession.

Mr. Sherman has represented employers of all sizes before a wide array of federal and state administrative agencies in over 20 states, including the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the U.S. Department of Labor (DOL), the Minnesota and Illinois Departments and Commissions on Human Rights, the Wisconsin Equal Rights Division and Labor and Industry Review Commission, among many others. He has also arbitrated many cases under union labor agreements as well as non-union employment contracts.

Other areas of concentration in Mr. Sherman's practice involve training and educating management and supervisors in all areas of human resources and employment law; union organizing; and drafting, reviewing and enforcing non-competition and other restrictive employment agreements for his business clients.

Areas of Practice:
Employment Litigation and Labor Matters
Bar Admissions:
Minnesota, 1987
Wisconsin, 1987
Illinois, 1992
U.S. District Court District of Minnesota, 1987
U.S. District Court Eastern District of Wisconsin, 1987
U.S. District Court Western District of Wisconsin, 1987
U.S. District Court Northern District of Illinois, 1989
U.S. District Court Southern District of Indiana, 1995
U.S. District Court Central District of Illinois, 2001
U.S. District Court Southern District of Illinois, 2007
U.S. Court of Appeals 8th Circuit, 1988
U.S. Court of Appeals 7th Circuit, 1988
U.S. Supreme Court, 1997
Education:
Marquette University Law School, Milwaukee, Wisconsin
Juris Doctor
Honors: Thomas More scholar


University of St. Thomas, St. Paul, Minnesota
Bachelor of Arts
Major:  Business Administration


Throughout his education James Sherman held various jobs each summer and often during the school year, to help pay for his education. Jim calls this having some "skin in the game" and intends to impart this principle to his children, though perhaps not so much as he had to do having been the youngest of eight children.


Representative Cases:
Yancick v. Hanna Steel Corporation, 653 F. 3d 532 (7th Cir. 2011)
Gilman v. Schwan's Home Service, Inc., 565 F. Supp. 2d 1050 (D.C. Minn 2008)
RSM McGladrey v. Midtlyng (Polk Co. IA Circuit Court 2008)
Trustees of Twin Cities Bricklayers Fringe Benefit Funds, et. al. v. McArthur Tile Co., 351 F. Supp. 2d 921 (D.C. Minn. 2005)
Swords Veneer v. Stasi and Hooper (Cir. Ct. Rock Island, IL 2004)
Giese/South Side Lumber (MN Department of Labor 2003)
John Honeycutt, Trustee of UFCW Local 431 and Employers Health & Welfare Plan v. Eagle Food Centers (D.C. Ill. 2002)
Fastenal, Inc., NLRB (Minnesota 2001)
Cadena v. Medallion Kitchens, Inc. (D.C. Minn. 2000)
Yorktowne Cabinetry, NLRB (Pennsylvania 1999)
Cernohous v. The Lutheran Home: River Falls (D.C. W.D. WI 1998)
Cudia v. Aurora University (Cir. Ct. Cook County IL 1996)
EEOC v. AIC Security Investigations, 55 F.3d 1276 (7th Cir. 1995)
Calco, Ltd. v. Hinchman and Hinchman (Cook County Il Circuit Court 1994)
Larson v. Wal-Mart (WI ERD 1992)
Pryner v. Tractor Supply Co., 109 F.3d 354 (7th Cir. 1990)
Hill v. Wal-Mart (IHRC 1990)
Geo. A. Hormel & Co. v. Asper, 428 N.W.2d 47 (S. Ct. 1988)
Classes/Seminars Taught:
Employment Law for Supervisors: From HR Basics to the fine art of lawful documentation


Employment Practices, Documents & Contracts, Minnesota State Bar Association


Landmark Employment Decisions Dominate Supreme Court’s Recent Term – What Do They Mean for Your Workplace?


Essential Pre-Termination Practices—Performance Improvement Plans, Disciplinary Warnings and More!, Upper Midwest Employment Law Institute


2nd Inning Expectations - What can employers expect from key federal agencies with oversight of workplace laws during President Obama’s second term? General and specific initiatives of the EEOC, NLRB, DOL and other government agencies that are sure to bring big change to employer/employee relations in the next four years


Solutions for the Most Common FMLA Issues


He Cannot Lift, But He Can Type… A little = The role of “qualification” in the duty to accommodate under the ADA


Avoiding Common Pay Practice Pitfalls


ADAAA/FMLA, University of St. Thomas


Independent Contractors, Minnesota Trucking Association Annual Law Conference


Coping with Workplace Diversity Issues – Avoiding Religious Discrimination/Accommodation Claims Peculiar to the Immigrant Worker


Key Labor Law Developments for Non-Union and Union Employers Alike


Key Employment Law Developments and Trends for 2013


Accommodating Disabilities without Compromising Productivity


Do's and Don'ts of Employee Handbook Drafting


Hitting Employment Law Curveballs (at Target Field)


Responding to EEOC Investigations, Minnesota Employment Law Institute


EEOC's Final Regulations Implementing Amendments to the Americans with Disabilities Act (ADA)


ADA Soup: Spooning Through the EEOC's New Regulations on Disabilities, Helping Employers in a Tough Economy


Avoiding Litigation Through Sound and Lawful Documentation, Disciplinary and Discharge Procedures


2010 Updates on Employment Law - the fun way!, Winona SHRM


Professional Associations and Memberships:
Minnesota State Bar Association, Labor and Employment Law Section
Member


Illinois State Bar Association, Labor and Employment Law Section
Member


State Bar of Wisconsin, Labor and Employment Law Section
Member


Hennepin County Bar Association, Labor and Employment Law Section
Member


American Bar Association Section of Labor & Employment Law
State Labor and Employment Law Developments Committee