SR. LABOR & EMPLOYMENT COUNSEL
jmp@ramlaw.com
304-347-8306
304-344-9566
Charleston, WV
Practice Areas
Bio
- Senior Labor & Employment Counsel, 2021
- Chair, Robinson & McElwee Labor & Employment Department, 2012-present
- Chair, Alternative Dispute Resolution Practice Group, Robinson & McElwee, 2011-present
- Board of Directors Member, 2014-2015
- Managing Partner, Robinson & McElwee, 1988, 1996-1998
- Managing Partner for Personnel, Robinson & McElwee, 1987
- Member, Robinson & McElwee, 1984-2020
- Associate, Robinson & McElwee, 1983
During his 40 years of practice Mr. Price has served as lead counsel in numerous complex cases. He regularly represents clients in sex, race, disability, religious, age and other employment discrimination cases before both the West Virginia Human Rights Commission and the Equal Employment Opportunity Commission and has defended discrimination cases before the OFCCP. He also represents clients in cases before the federal Mine Safety and Health Administration and the West Virginia Coal Mine Safety Board of Appeals, United States Department of Labor, Office of Federal Contract Compliance Programs and other administrative agencies. Mr. Price regularly represents clients in the chemical, manufacturing, oil and natural gas, coal, timber, service and other industries. His practice includes representation of national clients as well as small and medium-sized entrepreneurial businesses.
Mr. Price has presented more than 100 arbitrations, defended employers in Fair Labor Standards Act class actions, state wage payment class actions, a significant ERISA class action, employee benefits cases, wage and hour claims, harassment litigation, “wrongful discharge” cases in both state and federal courts, and has acted as lead appellate counsel in matters before the Supreme Court of Appeals of West Virginia and the United States Court of Appeals for the Fourth Circuit. While his practice encompasses all aspects of labor and employment law with a focus on administrative and trial court litigation he has also represented firm clients in complex personal injury, wrongful death, class actions and other “high risk” litigation.
Mr. Price also devotes a significant portion of his time to the negotiation of union labor agreements and related contracts, defense of Unfair Labor Practice charges, advising clients wishing to remain “union free,” conducting labor law compliance training for firm clients, and for 13 years taught federal labor law in the Masters of Industrial Relations degree program at Marshall University. In the union free setting, he has negotiated numerous executive employment and departure agreements, severance agreements, compensation agreements and other employment related contracts.
Mr. Price is a mediator, fully trained by the West Virginia State Bar. He also serves on the Board of Directors for the WV Chapter of the Society for Human Resource Management, and serves as a member of the Board of Directors, Executive Committee, Finance Committee and Human Resources Committee of HospiceCare, Inc., a nonprofit entity.
Experience
- Practices a broad spectrum of matters including Equal Employment Opportunity cases, discrimination cases of all types, arbitrations, employee benefits litigation and wage and hour matters, including significant class actions, on both federal and state levels and litigation of employment cases in trial and appellate courts.
- Lead counsel in numerous complex cases including discrimination cases, complex class actions, wrongful death cases including complex liability and insurance issues among multiple defendants, “deliberate intent” suits arising in industrial settings and significant wrongful termination cases.
- Conducts labor agreement negotiations and assists clients in strike planning, supervisory training, compliance training and represents unionized clients in labor arbitrations.
- Practices before the National Labor Relations Board (NLRB) and litigation of cases before the Mine Safety and Health Administration (MSHA), West Virginia Coal Mine Safety Board of Appeals and other administrative tribunals.
- Provides client training in the areas of risk reduction, affirmative action, compliance, and maintenance of employment files and records.
- Assists clients with strategic planning related to staffing, reductions in force, labor relations and productivity issues.
- Counsels and represents independent recording artists and composers in areas of recording contracts, performance contracts, copyrights and related matters.
- AV 5/5 Peer Review Rated, Martindale-Hubbell, rated as “preeminent” in employment law by Chambers, USA, listed among “Best Lawyers in America,” “Top Virginia and West Virginia Lawyers” .
- Adjunct Professor, Labor Law, Marshall University Graduate College.
- Chair, Robinson & McElwee Labor & Employment Law Department.
- Chair, Robinson & McElwee Alternative Dispute Resolution Practice Group.
- Former Managing Partner of Robinson & McElwee.
- Robinson & McElwee Board of Directors Member, 2014
- Named “Lawyer of the Year” for Litigation – Labor & Employment in Charleston, W.V. by Best Lawyers, 2017
- Named “Lawyer of the Year” for Labor Law – Management in Charleston, W.V. by Best Lawyers, 2014
- Best Lawyers in America, Employment Law – Management, Labor Law – Management, and Litigation – Labor & Employment, 2006 – Present
- Chambers USA: America’s Leading Lawyers, West Virginia, Labor & Employment, 2011 – 2023
- Legislative Liaison, Charleston, WV Chapter, Society for Human Resource Management
Credentials
- J.D., West Virginia University, 1978
- B.B.A., Management, Nichols College, 1967
- AV 5/5 Peer Review Rated, Martindale-Hubbell
- “Lawyer of the Year” for Litigation – Labor & Employment in Charleston, W.V. by Best Lawyers, 2017
- The Best Lawyers in America, 2006 – Present
- “Lawyer of the Year” for Labor Law – Management in Charleston, W.V. by Best Lawyers, 2014
- West Virginia Superlawyers, Labor & Employment, 2007-2015
- West Virginia Top Lawyers, 2008-2011
- Chambers USA: America’s Leading Lawyers, West Virginia Labor & Employment, 2011-2021, Senior Statespeople 2022
- West Virginia University College of Law Moot Court Board, 1977-1978
Bar & Court Admissions
- Supreme Court of the United States
- West Virginia State Bar
- Supreme Court of Appeals of West Virginia
- United States District Court for the Northern District of West Virginia
- United States District Court for the Southern District of West Virginia
- United States District Court for the Eastern District of Kentucky
- Supreme Court of Tennessee
- United States Court of Appeals for the Fourth Circuit
Professional Affiliations
- West Virginia Bar Association
- Kanawha County Bar Association
- Defense Trial Counsel of West Virginia
- Legislative Liaison (Charleston, WV Chapter), Society for Human Resource Management
- Human Resources Committee, West Virginia Chamber of Commerce
- Labor and Employment Sector; Sports and Entertainment Law Section; Advisory Panel, American Bar Association
- Labor and Employment Law Committee, West Virginia State Bar