---
title: "James W. Wimberly"
description: ""
url: "https://wimlaw.com/tags/james-w-wimberly"
date: "2026-06-01T13:44:03+00:00"
language: "en-US"
---

##  James W. Wimberly

 [ ![promo graphic, Dealing with New Forms of Union and Non-Union Labor Protests: Badges, Walkouts, and Other Labor Demonstrations](https://wimlaw.com/media/yootheme/cache/cc/may-2024-webinar-promo-graphic-tiny-cc47e790.png) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1375&catid=221&Itemid=1102)#####  [Dealing with New Forms of Union and Non-Union Labor Protests: Badges, Walkouts, and Other Labor Demonstrations](https://wimlaw.com/index.php?option=com_content&view=article&id=1375&catid=221&Itemid=1102)

February 09, 2024

Category: Webinars: Employment Law "Hot Topics"

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1375&catid=221&Itemid=1102)

 [ ![Employment Items to Consider for Early 2019](https://wimlaw.com/media/yootheme/cache/b4/woman-laptop-computer-user-b49e80c6.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=659&catid=52&Itemid=579)#####  [Employment Items to Consider for Early 2019](https://wimlaw.com/index.php?option=com_content&view=article&id=659&catid=52&Itemid=579)

January 31, 2019

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=659&catid=52&Itemid=579)

 [ ![lightbulb sticky note on board](https://wimlaw.com/media/yootheme/cache/0f/absolutvision-82TpEld0_e4-unsplash-0f26f632.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=367&catid=52&Itemid=579)#####  [GOVERNMENT Position: Worker Presents New Social Security Number and States Previous Documents Were Not Real](https://wimlaw.com/index.php?option=com_content&view=article&id=367&catid=52&Itemid=579)

January 08, 2015

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=367&catid=52&Itemid=579)

 [ ![threads](https://wimlaw.com/media/yootheme/cache/60/frank-mckenna-aGz5hkren64-unsplash-60eda5a3.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=218&catid=52&Itemid=579)#####  [Healthcare Plans Developing and Unraveling - One Attorney's Opinion](https://wimlaw.com/index.php?option=com_content&view=article&id=218&catid=52&Itemid=579)

March 07, 2013

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=218&catid=52&Itemid=579)

 [ ![webinar promo graphic: avoid forced unionization card](https://wimlaw.com/media/yootheme/cache/64/october-webinar-avoid-forced-unionization-WimLaw-Promo-Slide-6458ed54.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1341&catid=221&Itemid=1102)#####  [How Employers Can Avoid Forced Unionization Through the New NLRB Card-Check Case](https://wimlaw.com/index.php?option=com_content&view=article&id=1341&catid=221&Itemid=1102)

September 07, 2023

Category: Webinars: Employment Law "Hot Topics"

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1341&catid=221&Itemid=1102)

 [ ![ICE Conducts "Old-Fashioned" Raid of Tennessee Meat Packing Plant](https://wimlaw.com/media/yootheme/cache/2d/meat-packing-2ddf835c.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=664&catid=52&Itemid=579)#####  [ICE Conducts "Old-Fashioned" Raid of Tennessee Meat Packing Plant](https://wimlaw.com/index.php?option=com_content&view=article&id=664&catid=52&Itemid=579)

April 09, 2018

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=664&catid=52&Itemid=579)

 [ ![webinar promo graphic, Ideas for Coping with Labor Shortages in Light of Immigration Changes](https://wimlaw.com/media/yootheme/cache/3e/may-2025-webinar-3ef02735.png) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1463&catid=221&Itemid=1102)#####  [Ideas for Coping with Labor Shortages in Light of Immigration Changes](https://wimlaw.com/index.php?option=com_content&view=article&id=1463&catid=221&Itemid=1102)

March 20, 2025

Category: Webinars: Employment Law "Hot Topics"

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1463&catid=221&Itemid=1102)

 [ ![Immigration Issues webinar promo](https://wimlaw.com/media/yootheme/cache/a4/feb-2025-immigration-issues-webinar-tiny-a4c1cfc5.png) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1449&catid=221&Itemid=1102)#####  [Immigration Issues – Are You Ready for the New Administration’s Changes in Enforcement?](https://wimlaw.com/index.php?option=com_content&view=article&id=1449&catid=221&Itemid=1102)

January 13, 2025

Category: Webinars: Employment Law "Hot Topics"

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1449&catid=221&Itemid=1102)

 [ ![webinar promo, Kirk’s Killing Cautions Employers To Consider Speech Policing](https://wimlaw.com/media/yootheme/cache/aa/november-2025-webinar-aa6bbc39.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1514&catid=221&Itemid=1102)#####  [Kirk’s Killing Cautions Employers To Consider Speech Policing](https://wimlaw.com/index.php?option=com_content&view=article&id=1514&catid=221&Itemid=1102)

October 10, 2025

Category: Webinars: Employment Law "Hot Topics"

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1514&catid=221&Itemid=1102)

 [ ![golden clock](https://wimlaw.com/media/yootheme/cache/80/325845-8013d8c8.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1104&catid=52&Itemid=579)#####  [Last Day to File for Refund of Paid Leave and Employee Retention Tax Credits](https://wimlaw.com/index.php?option=com_content&view=article&id=1104&catid=52&Itemid=579)

January 12, 2021

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1104&catid=52&Itemid=579)

 [ ![promo graphic, Navigating the New Legal Minefield of Automated HR](https://wimlaw.com/media/yootheme/cache/b7/april-2026-WimLaw-Webinar-Promo-Slide-b760b4ce.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1572&catid=221&Itemid=1102)#####  [Navigating the New Legal Minefield of Automated (AI Driven) HR](https://wimlaw.com/index.php?option=com_content&view=article&id=1572&catid=221&Itemid=1102)

March 13, 2026

Category: Webinars: Employment Law "Hot Topics"

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1572&catid=221&Itemid=1102)

 [ ![New Georgia Department of Labor Initiative Supports Immigration Compliance](https://wimlaw.com/media/yootheme/cache/6d/immigration-6d39c4df.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=660&catid=52&Itemid=579)#####  [New Georgia Department of Labor Initiative Supports Immigration Compliance](https://wimlaw.com/index.php?option=com_content&view=article&id=660&catid=52&Itemid=579)

December 04, 2018

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=660&catid=52&Itemid=579)

 [ ![person handing a card to another, indoors with a window in the background](https://wimlaw.com/media/yootheme/cache/75/van-tay-media-chyT9XPAdcg-unsplash-75e2894e.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1340&catid=52&Itemid=579)#####  [New NLRB Case Forces “Card-Check” Analysis on Employers](https://wimlaw.com/index.php?option=com_content&view=article&id=1340&catid=52&Itemid=579)

August 31, 2023

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1340&catid=52&Itemid=579)

 [ ![woman using a computer indoors near window](https://wimlaw.com/media/yootheme/cache/9c/thought-catalog-UK78i6vK3sc-unsplash-9ccc11db.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=657&catid=52&Itemid=579)#####  [New Salary Threshold Proposed for Overtime Exemption](https://wimlaw.com/index.php?option=com_content&view=article&id=657&catid=52&Itemid=579)

April 13, 2019

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=657&catid=52&Itemid=579)

 [ ![NLRB Explains What Employer Rules Are Unlawful and How to Make Them Lawful](https://wimlaw.com/media/yootheme/cache/3d/rules-markus-spiske-pwpvgq-a5qi-unsplash-3d103d50.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=368&catid=52&Itemid=579)#####  [NLRB Explains What Employer Rules Are Unlawful and How to Make Them Lawful](https://wimlaw.com/index.php?option=com_content&view=article&id=368&catid=52&Itemid=579)

March 15, 2015

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=368&catid=52&Itemid=579)

 [ ![washington capital building](https://wimlaw.com/media/yootheme/cache/3b/joshua-sukoff-SYHi8oX0JC8-unsplash-3bc948d5.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=197&catid=52&Itemid=579)#####  [Obama Administration Postpones Employer Penalties and Certain Other Requirements Until After 2014 Elections](https://wimlaw.com/index.php?option=com_content&view=article&id=197&catid=52&Itemid=579)

July 12, 2013

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=197&catid=52&Itemid=579)

 [ ![a doctor views vital signs](https://wimlaw.com/media/yootheme/cache/ae/cesar-badilla-miranda-0Fv4M2hSZJU-unsplash-aeab23f6.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=220&catid=52&Itemid=579)#####  [Obamacare - Issues and Solutions](https://wimlaw.com/index.php?option=com_content&view=article&id=220&catid=52&Itemid=579)

April 11, 2013

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=220&catid=52&Itemid=579)

 [ ![event promo graphic, Pros & Cons of Including Arbitration Agreements in Company Policies](https://wimlaw.com/media/yootheme/cache/60/2023-feb-webinar-tiny-2-60c29f65.png) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1290&catid=221&Itemid=1102)#####  [Prevent Court Cases & Avoid Class Actions – Pros & Cons of Arbitration Agreements in Company Policies](https://wimlaw.com/index.php?option=com_content&view=article&id=1290&catid=221&Itemid=1102)

January 05, 2023

Category: Webinars: Employment Law "Hot Topics"

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1290&catid=221&Itemid=1102)

 [ ![immigration paper on the ground, outdoors](https://wimlaw.com/media/yootheme/cache/fc/metin-ozer-spFYbCSF-Ec-unsplash-fccc304c.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=366&catid=52&Itemid=579)#####  [Pros, Cons and Issues When Dealing With Electronic I-9 Software Providers](https://wimlaw.com/index.php?option=com_content&view=article&id=366&catid=52&Itemid=579)

June 06, 2016

Category: Alerts

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=366&catid=52&Itemid=579)

 [ ![2022 legal review graphic](https://wimlaw.com/media/yootheme/cache/ce/2023-01-reflections-WimLaw-Promo-Slide-tiny-cec61d28.png) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1281&catid=221&Itemid=1102)#####  [Reflections: 2022 in Review](https://wimlaw.com/index.php?option=com_content&view=article&id=1281&catid=221&Itemid=1102)

December 02, 2022

Category: Webinars: Employment Law "Hot Topics"

[Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1281&catid=221&Itemid=1102)

## Schema

```json
{ "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "How are immigration policy changes affecting the labor market?", "acceptedAnswer": { "@type": "Answer", "text": "The new administration's increased enforcement of existing immigration laws has led to a significant drop in the number of illegal crossings, effectively "sealing the border," and reducing the pool of available workers, both legal and illegal. This is creating labor shortages for many employers, particularly those in food processing and manufacturing. (04:34)" } }, { "@type": "Question", "name": "What is the difference between an asylee and an asylum applicant, and how does that affect an employer?", "acceptedAnswer": { "@type": "Answer", "text": "An asylee is someone who has been granted asylum status and has indefinite work authorization. An asylum applicant is someone who has applied for asylum but has not yet been granted it; their work authorization is temporary and must be renewed. An employer can identify the difference by looking at the category code on the worker's EAD (Employment Authorization Document): C8 for an applicant and A5 for a granted asylee. (42:37)" } }, { "@type": "Question", "name": "How can an employer keep track of their employees' work authorization expiration dates?", "acceptedAnswer": { "@type": "Answer", "text": "It is recommended that employers use a "tickler system" to keep track of work authorization expiration dates. This system can alert the employer 90, 60, and 30 days before an employee's work authorization expires, allowing the employer to notify the employee and encourage them to apply for an extension. (45:21)" } }, { "@type": "Question", "name": "What are the pros and cons of an employer getting involved in an employee's immigration process?", "acceptedAnswer": { "@type": "Answer", "text": "An employer can, and often should, notify employees of their pending work authorization expiration dates and provide them with resources to find a lawyer. However, if an employer becomes too involved, they may gain "firsthand knowledge" that a worker is unauthorized, which would make the employer liable for immigration violations. (38:02)" } }, { "@type": "Question", "name": "What are some lawful immigration programs employers can use to find workers?", "acceptedAnswer": { "@type": "Answer", "text": "Employers can look to various programs for workers, including: H-1B: for professional-level workers with college degrees. (25:52) H-2A and H-2B: for seasonal agricultural and non-agricultural workers, respectively. (11:02) L-1A and L-1B: for transferring managers/executives or employees with specialized knowledge from international operations. (26:27) TN Visa (under USMCA): for professional-level workers who are citizens of Canada or Mexico. (28:00)" } }, { "@type": "Question", "name": "Can an employer hire refugees and asylees?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. Refugees and asylees can be a good source of labor, and there are non-profit organizations that can help connect employers with these workers. (39:34)" } }, { "@type": "Question", "name": "Why are employers becoming more reluctant to take public political stands? ", "acceptedAnswer": { "@type": "Answer", "text": "Employers have become increasingly timid about advocating for political positions because modern public opinion is often split nearly 50/50. Taking a stand may appeal to one half of a workforce or consumer base while completely alienating the other half, potentially leading to massive losses in market value or dual boycotts from both sides of the political spectrum (02:38)." } }, { "@type": "Question", "name": "Can an employer have a dress code that bans political buttons or apparel? ", "acceptedAnswer": { "@type": "Answer", "text": "Yes, most current legal rulings suggest that an employer can implement a dress code that limits political paraphernalia in the workplace. This is often done to avoid the contention that arises when one group's insignia (such as Black Lives Matter) leads to demands for opposing insignia to be allowed as well (05:11)." } }, { "@type": "Question", "name": "Can I fire an employee for complaining about their supervisor on social media? ", "acceptedAnswer": { "@type": "Answer", "text": "There is no standard "yes" or "no" answer. If an employee's post is a "concerted complaint"—meaning it involves other employees and relates to working conditions—it may be protected under the National Labor Relations Act (NLRA). In such cases, the employer generally cannot discipline or terminate the employee for that speech (08:25)." } }, { "@type": "Question", "name": "What is "concerted activity" under the National Labor Relations Act?", "acceptedAnswer": { "@type": "Answer", "text": "Concerted activity refers to group actions or complaints by employees intended for "mutual aid or protection" regarding their working conditions. Section 7 of the NLRA protects these rights, meaning employers cannot punish employees for exercising this form of free speech, even if a union is not involved (09:39)." } }, { "@type": "Question", "name": "Can an employee be fired if their protest includes offensive or discriminatory language? ", "acceptedAnswer": { "@type": "Answer", "text": "Yes. While a protest about working conditions may be protected, that protection can be lost if the employee uses speech that is egregiously offensive or violates the company's equal opportunity principles. A well-documented termination must clarify that the discipline is specifically for the unprotected, offensive portion of the conduct (15:30)." } }, { "@type": "Question", "name": "Does the First Amendment protect free speech in a private workplace? ", "acceptedAnswer": { "@type": "Answer", "text": "No. The First Amendment limits the government's ability to restrict speech and provides special protections for public (government) employees. It does not apply to private employers, though other laws like the NLRA or state-specific statutes might offer different types of protection (20:00)." } }, { "@type": "Question", "name": "What is the best way to write a social media policy that is legally defensible? ", "acceptedAnswer": { "@type": "Answer", "text": "A social media policy should be narrowly tailored to reflect legitimate and substantial business interests. To avoid "chilling" protected speech, it is recommended to include a disclaimer next to sensitive rules stating that the policy will not be applied to prohibit activity protected by Section 7 of the NLRA (21:08)." } }, { "@type": "Question", "name": "Can I stop employees from posting flyers or messages around the office? ", "acceptedAnswer": { "@type": "Answer", "text": "Employers have the right to control postings on their facilities. It is legally safer to have a policy that prohibits all postings on company property or confines them to a single, designated bulletin board. Allowing unmonitored postings everywhere can make it difficult to legally restrict controversial or union-related materials later (25:48)." } }, { "@type": "Question", "name": "Am I required to take action if an employee posts something offensive off-duty? ", "acceptedAnswer": { "@type": "Answer", "text": "In some cases, yes. If an off-duty social media post is discriminatory or creates a hostile work environment that carries over into the workplace, the employer may have a legal obligation to intervene to prevent harassment or reputational damage (28:14)." } }, { "@type": "Question", "name": "What should I do first if I see a controversial post by an employee? ", "acceptedAnswer": { "@type": "Answer", "text": "First, verify the source of the complaint and obtain a permanent record, such as a screenshot, of the post itself, as online content can be easily deleted or edited. Before taking disciplinary action, consider if the issue can be resolved through counseling or "browbeating," which carries less legal risk than termination (34:40)." } }, { "@type": "Question", "name": "What is AI brain fry and which professions are most affected by it?", "acceptedAnswer": { "@type": "Answer", "text": "AI brain fry describes the mental and physical overwhelm caused by the rapid implementation of complex artificial intelligence systems. According to the Harvard Business Review, human resources and marketing are the two professional fields most significantly impacted by this condition as they navigate integrating these tools into their daily workflows." } }, { "@type": "Question", "name": "How does the EEOC's Four-Fifths Rule apply to AI hiring tools?", "acceptedAnswer": { "@type": "Answer", "text": "The Four-Fifths Rule is a statistical benchmark used to determine if a neutral hiring criteria, including AI screening, has a discriminatory effect. If a protected group's selection rate is less than 80% of the majority group's rate, it creates a "discriminatory effect," shifting the legal burden to the employer to prove the tool is a job-related business necessity." } }, { "@type": "Question", "name": "Can an employer be held legally responsible for discriminatory AI provided by a vendor?", "acceptedAnswer": { "@type": "Answer", "text": "Yes, employers remain legally responsible for any discriminatory outcomes resulting from a vendor’s AI product. Utilizing a reputable third-party system is not a valid legal defense; both the vendor and the employer can be sued for adverse impacts. Organizations should review a vendor's validation studies and seek indemnity provisions in their service contracts." } }, { "@type": "Question", "name": "Is seeking legal advice from AI protected by attorney-client privilege?", "acceptedAnswer": { "@type": "Answer", "text": "No, communications with AI to seek legal advice or develop strategy are generally not protected by attorney-client privilege because the information is not being exchanged with a lawyer. A recent New York federal court ruling determined that such inquiries are discoverable and admissible as evidence in court, allowing plaintiffs to access an employer's specific AI prompts and advice." } }, { "@type": "Question", "name": "What are the risks of using open AI platforms like ChatGPT for company data?", "acceptedAnswer": { "@type": "Answer", "text": "Disclosing trade secrets, confidential company information, or sensitive legal questions to open AI platforms is legally comparable to publishing them in a newspaper. Such disclosures can lead to the loss of confidentiality and intellectual property rights. Furthermore, many AI vendors reserve the right to share stored data to respond to legal processes or improve their systems." } }, { "@type": "Question", "name": "What steps should employers take to audit AI systems for bias?", "acceptedAnswer": { "@type": "Answer", "text": "Employers should perform regular audits by reviewing data, such as rejected resumes, to identify trends where specific protected categories are being adversely impacted. If internal technical capacity is lacking, third-party vendors can be hired to conduct these bias audits. Constant human oversight is essential to catch inadvertent legal violations that precise AI monitoring might trigger." } }, { "@type": "Question", "name": "Are AI-driven productivity monitoring tools legal under the FLSA?", "acceptedAnswer": { "@type": "Answer", "text": "While monitoring is common, AI systems that track productivity down to the second can inadvertently violate the Fair Labor Standards Act (FLSA) by docking pay for compensable time, such as short bathroom breaks or coffee runs. Courts have allowed lawsuits to proceed against companies where AI-adjusted timekeeping records failed to pay employees for legally required compensable portions of the workday." } } ] }
```

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{ "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://wimlaw.com" }, { "@type": "ListItem", "position": 2, "name": "Tags", "item": "https://wimlaw.com/tags" }, { "@type": "ListItem", "position": 3, "name": "James W. Wimberly", "item": "https://wimlaw.com/tags/james-w-wimberly" } ] }
```