James H. McMackin, III

Jim McMackin chairs the firm’s Employment Law and Education practice. He provides comprehensive legal representation to Delaware’s school districts, numerous municipalities, and private employers. Jim routinely functions as primary counsel in state and federal court and arbitrations concerning wage and hour claims, constitutional claims, discrimination claims, labor grievances, alleged unfair labor practice actions, and employment contract disputes. His clients frequently consult with him for advice and counseling, policy drafting, and compliance audits and reviews.

The depth of Jim’s legal experience distinguishes him and gives his clients a unique advantage. Jim’s peers recognize him as a leader in the field of employment litigation. Chambers USA describes Jim McMackin as a knowledgeable and well-rounded lawyer for his enforcement of post-employment restrictions and his defense of discrimination claims.

Experience

• Representation of employers in all varieties of litigation and administrative proceedings, including employment discrimination, discharge, OSHA enforcement actions and compliance, constitutional claims, wage and hour issues , and restrictive covenants
• Representation of employers in NLRA and public sector organization, negotiation, unfair labor practice, and grievance matters.
  
• Arbitrations involving employment-related disputes, and the interpretation and application of collective bargaining agreements
• Counseling aimed at avoiding employment claims
• Counseling educational institutions on all legal issues, and representing such clients in litigation and administrative proceedings relating to special education, the Freedom of Information Act compliance, collective bargaining, and constitutional issues of due process, Freedom of Speech, and the Establishment Clause
  

Professional Affiliations

Delaware State Bar Association

• Labor and Employment Section, Chair, 2009-2010
• Vice Chair, 2008-2009; Secretary, 2007-2008

American Bar Association, Labor and Employment Law Section

Board of Bar Examiners, Former Associate Member

Community

Children & Families First

• Board Member, 2011-2022
• Executive Committee
• Chair of Personnel Committee

Ducks Unlimited- State Treasurer 2019-2020

Ducks Unlimited- Northern Zone Chair 2021- 2022

Ducks Unlimited - New Castle County

• 2012-2019 Committee Chair, Life Sponsor
• 2016 State Chairman of the Year

Claymont Community Center, Director, 2006-2009

Archmere Academy Alumni Council, Former Member

Sigma Phi Epsilon

ALFA International, Labor & Employment Committee

Town of Elsmere - Solicitor

Honors

Best Lawyers, 2018 - Present

Chambers USA, Labor and Employment, 2016 - Present

• 2012-2015, Up and Coming in Labor and Employment

Delaware Today Top Lawyers,

• Labor Law-Employer, 2014 - 2020

Moot Court Honor Society

Phi Delta Phi Society

Phi Kappa Phi Society