James Dale

James Dale

James Dale is a partner in the Boise office of Stoel Rives LLP. He advises and represents some of Idaho’s largest private employers on virtually every aspect of labor and employment law and litigation, including discrimination, harassment, wrongful termination, contract, and wage and hour class and collective actions. Chambers USA (2014) client comments include: “Jim knows more about employment law than anyone else in the state” and “[E]ven though we are one of his small clients, he responds like we are a big client.”

Jim also represents management in traditional labor disputes and provides counsel on union avoidance. He has handled numerous labor arbitrations addressing discharge, discipline, scope of work, and management rights. As well as Chambers USA, he is listed in Best Lawyers in America® and Mountain States Super Lawyers®.

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Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise limits employers’ liability in exchange for providing sure and speedy relief for injured workers and is encapsulated in Idaho Code § 72-209, … Continue Reading

Labor & Employment Law Under President-Elect Trump

In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers?  Trump has thus far given few details on his thoughts on labor and employment.  But with Republicans maintaining control of Congress, employers could see a lot of changes in the next couple of … Continue Reading

No Harassment, No Problem: Idaho Court Holds Harassing Comments May Still Support Liability for Negligent Infliction of Emotional Distress

A November 27, 2013 opinion from the Idaho Supreme Court reinstated a former Assistant Vice Principal’s claim seeking damages for negligent infliction of emotional distress. This decision highlights that allegedly harassing workplace comments may subject employers to liability even though e the complaining employee cannot make out a traditional sexual harassment claim.  In Frogley v. Meridian … Continue Reading

Recordkeeping: The Often Overlooked Element of FMLA Compliance

Most employers grapple with the better-known aspects of the Family and Medical Leave Act (FMLA), such as determining whether an employee’s illness constitutes a serious medical condition, obtaining required certification or providing adequate coverage for workers on intermittent leave. All too often employers focus on the leave itself and breathe a sigh of relief when notice … Continue Reading

Companion Anti-Union Bills Slated to Pass Idaho Legislature

Never shy about taking on unions, especially in a state where organized labor enjoys little support outside the government sector, the Idaho Legislature recently introduced a pair of bills for addition to the state’s existing Right to Work statute.  Senate Bill 1007, named the “Fairness in Contracting Act,” is intended to “promote fairness in bidding … Continue Reading
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