We provide employment and HR counseling for forward-thinking businesses, and help them effectively manage disputes and litigation that may arise. Over the years, our attorneys have provided pragmatic advice to a wide range of small and closely-held businesses, as well as major financial institutions and Fortune 100 companies such as Berkshire Hathaway, Rolls-Royce and Bentley Motorcars, Volkswagen Group of America, Aon, Audi, Tumi and Valley National Bank.
We take a highly proactive approach to counseling employers, helping them manage their workforce, develop their HR policies, anticipate areas of concern, and avoid the issues that frequently arise in the employer-employee relationship. In fact, to obtain the most defensible position against litigation, many of our clients seek our advice before their HR decisions are made, and regularly look to us to train their managers and employees on issues such as harassment, diversity and workplace discrimination, performance management, and wage and hour compliance.
Regardless of preventive measures taken, it’s not uncommon for employers to be sued. When that does happen, we strive to minimize the dispute’s impact and resolve it expeditiously, often through the use an early case assessment which covers the merits of case, potential damages, insurance coverage issues and a litigation strategy should the case proceed.
If a case can’t be ended or settled favorably, we have the depth, experience and aggression needed to defend our clients. Not only have we successfully litigated hundreds of state and federal trials and appeals, but we also represent employers in arbitration forums, and before the United States Department of Labor and State Departments of Labor, the EEOC, the New Jersey Division on Civil Rights, the New York Human Rights Commission and other agencies.
Several of these cases have resulted in groundbreaking decisions and have involved class and collective actions, and other complex employment issues such as age, disability, race and sex discrimination, harassment, wrongful termination, whistleblower liability, restrictive covenants, misappropriation of trade secrets and wage and hour claims.
Our attorneys can help you design, create and implement executive compensation and employee benefit programs that are tailor-made for your business or non-profit. We can also ensure you maintain compliance with the laws and regulations governing employee benefits, including ERISA, federal tax and securities laws, COBRA, HIPAA, ADA, ADEA, FMLA, Sarbanes-Oxley and the WARN Act. In addition, we advise clients on the compensation and benefits issues that arise in business restructurings, bankruptcies and separation negotiations, as well as those that arise in the purchase and sale of businesses, and other M&A transactions.
Areas of Focus:
In the area of traditional labor law, our attorneys represent employers in union organizing campaigns, collective bargaining, arbitration, and strike and picket line issues, including federal and state court actions for injunctive relief, defense of unfair labor practice charges and investigations, as well as all forms of NLRB proceedings.
Mandelbaum Barrett is pleased to announce that fourteen of our attorneys have been selected by their peers as New Jersey Super Lawyers* for 2022. Each year, no more than five percent of the lawyers in the state of New Jersey are selected by the research team at Super Lawyers to receive this honor. In addition, the Firm is excited to announce that four of our attorneys were named to the Rising Stars list for 2022, which recognizes the top up-and-coming attorneys age 40 or under or who are in practice for 10 years or less. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor....
Mandelbaum Barrett Employment Law partners Gary Young, Esq. and Brent Pohlman, Esq. will be presenting a Wage and Hour Law Webinar for the NJ Restaurant & Hospitality Association (NJRHA) on February 16th at 9am ET. Topics will include determining employment status, wage theft and tip pooling....
Brent Pohlman weighs in on whether or not it's a HIPAA violation for businesses to ask for proof of a COVID vaccination....
Steven Adler has obtained nearly $6 million dollars in settlements for victims of workplace sexual assault over the past year. The settlements were achieved after new laws were passed in New York and New Jersey, extending the statute of limitations for filing a sexual assault claim against employers....
Mandelbaum Barrett, PC announces that, after six years of litigation in the United States District Court for the Southern District of New York, it settled a nationwide overtime collective and a New York Rule 23 class action brought against a major telecommunications company....
...
...
In a tremendous win on behalf of our client, Alexander Salerno, M.D., on March 24, 2020, we received a final Award in Dr. Salerno's David versus Goliath fight with UnitedHealthcare ("UHC"). "Not only did we win the battles, we won the war against the world's largest health insurance company" said Dr. Salerno. As explained below, that victory was not just for Dr. Salerno but for all of the healthcare providers we represent....
The past two weeks have ushered in unprecedented changes in our economy and society. In an effort to provide our friends and colleagues with up-to-date information about COVID-19, our attorneys have written a range of publications. These articles and alerts examine COVID-19's impact on a number of areas, including business and healthcare office closures, employment concerns, insurance issues, telehealth, and the rights of public school students during school closures....
Please join us for two complimentary webinars on employment and operational issues raised by the spread of COVID-19, led by Steven I. Adler, Mohamed H. Nabulsi and Dennis J. Alessi. For more information and to register, click here....
Mandelbaum Barrett is pleased to announce that fifteen of our attorneys have been selected by their peers as New Jersey Super Lawyers* for 2020. Each year, no more than five percent of the lawyers in the state of New Jersey are selected by the research team at Super Lawyers to receive this honor. In addition, the Firm is excited to announce that two of our attorneys were named to the Rising Stars list for 2020, which recognizes the top up-and-coming attorneys age 40 or under or who are in practice for 10 years or less. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This year's Mandelbaum Barrett Super Lawyers include:...
Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group was quoted in a recent Bloomberg Law article titled "Workplace Morals Clauses Take Hold Beyond Show Biz in #MeToo Era."...
Steven Adler, Co-Chair of our Labor and Employment Practice Group authored an op-ed piece for NJBIZ on the continuing challenges employers will face in 2020. Click here to read the full article....
Steven Adler, Co-Chair of the Litigation Department and Co-Chair of the Labor and Employment Department, authored an article for New Jersey Law Journal on "Overriding Termination and Non-Renewal Provisions in Health Care Industry Employment Contracts." To read the full article, click here....
Steven Adler Interviewed by Monster on the Common Misconceptions Surrounding Unemployment Benefits...
Mandelbaum Barrett has once again received high rankings in the 2020 edition of U.S. News – Best Lawyers® "Best Law Firms." The firm received "Metropolitan Tier 1" rankings in Banking and Finance Law, Real Estate Law, and Securitization and Structured Finance Law; "Metropolitan Tier 2" rankings in Commercial Litigation, Family Law, Litigation-Banking & Finance, and Litigation - Real Estate; and "Metropolitan Tier 3" rankings in Corporate Law, Employment Law – Individuals, and Environmental Law. These rankings were determined through Best Lawyers' overall evaluation, which was derived from a combination of feedback from the Firm's clients, the high regard that attorneys in other firms have for Mandelbaum Salsburg attorneys, and information provided by the Firm to Best Lawyers. Best Lawyers is a widely respected peer-review publication and the oldest in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals alike as a significant honor. If the votes for a firm are positive enough for inclusion in Best Lawyers, that firm must maintain those votes in subsequent polls to remain on the list for each edition. The Firm has received high rankings by Best Lawyers since 2010. In addition, several attorneys in the Firm maintain Best Lawyers' designations for their particular practices and have been so designated for several years....
Join our Employment & Labor Practice Group as they discuss the many changes in employment law that have been affecting businesses in New Jersey over the last year. Learn more here....
Steven Adler, Co-Chair of the Firm's Labor and Employment Practice Group, authored an op-ed piece for NJSpotlight on "Anonymity for Plaintiffs in Sexual Harassment, Discrimination Lawsuits?" Click here to read more....
Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group was recently quoted in an Ivy Exec article on non-competes, NDA's and Restrictive Covenants and whether you should just sign on the dotted line or not. Steve talks about the current "sellers market" with high demand for talent and the leverage that may afford job seekers in negotiating the terms of their employment. Read what Steve and other experts have to say here....
Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group was recently quoted in an Ivy Exec article on noncompetes, NDAs and Restrictive Covenants and whether you should just sign on the dotted line or not. Steve talks about the current "sellers market" with high demand for talent and the leverage that may afford job seekers in negotiating the terms of their employment. Read what Steve and other experts have to say here....
Gary S. Young, Member of the Firm's Employment and Labor Law Practice Group, will be speaking at the World of the Latino Cuisine: Food Products and Beverage Trade Show on September 25th at the Meadowlands Expo Center. Gary will be discussing the new laws on sexual harassment in the workplace and what you need to know in this changing environment. Since 1996, Gary has served as the General Counsel for the New Jersey Restaurant and Hospitality Association, and is often called upon to speak on behalf of issues affecting the entire restaurant industry in New Jersey and he is excited to share his knowledge of employment law with show attendees this year....
Steve Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Practice Group, authored an article for NJBIZ discussing how age discrimination laws provide some flexibility for companies to set long-term plans. Read more here: https://bit.ly/2LXNfWf...
Gary Young, a Member in Mandelbaum Barrett's Corporate and ERISA Practice Groups, explains how employers can ensure that their compensation practices comply with the state's equal pay law in his article featured in NJBIZ. Gary explains how the Diane B. Allen Equal Pay Act is significantly strengthening protections against employment discrimination by addressing equal pay for women and other protected categories....
New Jersey Family has released its highly-anticipated list of family lawyers parents recommend most. This year's list has 170 attorneys who practice throughout New Jersey. We are excited to share that David Carton and Raj Gadhok have been named to this list. According to New Jersey Family, every attorney on the list was nominated by a parent sharing a real-life experience. For the full list, click here....
Lauren X. Topelsohn, a Member in the Firm's Employment Law Practice Group talks about the New Jersey minimum wage which is being increased and the impact on "seasonal businesses" like those at the Jersey Shore. Click here to read more....
Co-Chair of Mandelbaum Barrett's Employment Practice Group, Steven Adler, published an article for the New Jersey Law Journal on the "MeToo Movement's Impact on Morals Clauses and the Right to Clawback Compensation." Click here to read more....
Mandelbaum Barrett attorneys Dennis J. Alessi, Esq. and Raj Gadhok are teaming up with Cristina L. Amyot, MHRM, SHRM-SCP, SPHR of EnformHR, LLC to present a 3 -hour CE course to dentists at the New York County Dental Society's upcoming program on New York's new anti-harassment law. Click here to learn more or register....
Dennis J. Alessi, Esq., Member and Co-Chair of both the Healthcare Law and Labor and Employment Law Practice Groups, recently authored an article for Medical Economics on "Bringing value-based compensation to your medical practice." Click here to read the full article....
William Barrett, Esq. will be presenting to dentists at the New York County Dental Society's upcoming CE program on October 4th entitled, "Know Before You Sign: Associate Dental Agreements" where he'll help young dentists and residents better understand dental contracts. This program is open to members and non-members of the NYCDS. Click here to learn more....
Thinking of secretly taping someone at work? The legality of doing so may not be as cut and dry as you think. Steven Adler, Co-Chair of Mandelbaum Barrett's Employment Law Practice explains how times have changed following the #Metoo movement in regards to secretly recording work chats and cautions employers on updating their policies in their employee handbooks....
William Barrett, CEO and Chair of Mandelbaum Barrett's Professional Practice Transitions Group was quoted in an article in Dentists Money Digest on the "Importance of Understanding Employee Overtime Rules."...
Employment Law Co-Chair Dennis J. Alessi, Esq. comments in the Asbury Park Press today on the recent events at Jenkinson's Aquarium and cautions employers to properly train their staff before an incident, not wait until one occurs! If you have questions about employee training programs and ensuring you are in compliance with employment laws, please contact us and our Employment law team can help....
Steven Adler, Co-Chair of Mandelbaum Barrett's Labor and Employment Law Practice Group wrote an article for the New Jersey Law Journal which looks at the state of employment laws in New Jersey since Governor Murphy took office in January. Times certainly are a-changin'!...
Steven Adler, Co-Chair of the Firm's Labor and Employment Practice Group, was interviewed by ROI-NJ on "Are Gov. Murphy's worker protections eliminating the need for unions?"...
Steven Adler Member and Co-Chair of the Firm's Labor and Employment Practice Group authored an op-ed piece for ROI-NJ entitled "The times they are a-changin' for N.J. employers." If you're an employer, this is a must read!...
Steven Adler, Member and Co-Chair of the Firm's Employment Law Practice Group was quoted in Asbury Park Press in an article about the NJ Equal Pay Act. See what Steve has to say here: https://www.app.com/…/nj-equal-pay-act-phil-murp…/545325002/...
Dennis J. Alessi, Member and Co-Chair of the Firm's Labor & Employment Law Practice Group was interviewed on Nj 101.5 for a segment on issues arising when employees "work from home"...
Mandelbaum Barrett's Labor and Employment Law Co-Chair Steven Adler explains #nondisclosureagreements in this op-ed piece for NJ.com and the Star Ledger. #StormyDaniels #Employmentlaw...
The Firm's Labor and Employment Law Department has been active in 2018 with two major wins in the first quarter of the New Year....
We are pleased to share our 2017 Year in Review which highlights some of the Firm's notable successes during the last year. We are thankful to our clients who have allowed us to continue doing what we love. We continue to expand our practice areas and bench to reflect our clients needs....
Trying to keep up with this year's hot button issues in the news from sexual harassment to disparate pay can be dizzying! Our panel of attorneys will explain what you must know to protect yourself and your business in today's climate....
Dennis J. Alessi, Esq., Member and Co-Chair of the Firm's Healthcare Law and Employment & Labor Practice Groups, was quoted in the January issue of Healthcare Risk Management Magazine. The article discusses Communication-and-Resolution Programs for hospitals and health systems and improvements that can be made....
Steven Adler, Co-Chair of the Firm's Labor & Employment Law Practice was interviewed last week on WBGO on "How to Protect Against Sexual Harassment in the Workplace."...
Lauren X. Topelsohn has authored an article for CNBC on the Do's and Dont's for Holiday Parties this season to avoid sexual harassment law suits....
Steven Adler, Co-Chair of the Firm's Labor and Employment Practice Group authored an article for ROI-NJ on Sexual Harassment and how employers can protect themselves. In the wake of news of Matt Lauer, Steve advises on the types of sexual harassment and ways employers can take actions to prevent it from occurring in their office....
Steven Adler was also recently quoted in an article appearing in The Economist Executive Education Navigator on "Workplace Sexual Harassment and the Culture of Silence." To read what Steve has to say about the use of confidentiality and non-disparagement clauses and his warning to companies click...
Co-Chair of the Firm's Labor & Employment Law Practice Group Steven Adler and Member Lauren X. Topelsohn authored an article for the New Jersey Law Journal on "Confidentiality and Nondisclosure Provisions in Employment Settlement Agreements Now Coming Under Fire."...
Steven Adler, Co-Chair of the Firm's Labor & Employment Law Practice Group was recently interviewed as part of a Rocketmatter.com podcast on sexual harassment in law firms....
Steven I. Adler, Co-Chair of the Firm's Labor and Employment Law Practice Group published an article in the October 25, 2017 NJBiz regarding the Use of Confidentiality and Non-Disclosure Provisions in Employment Contracts. This article discusses a topic which has a renewed interest in light of the adverse publicity surrounding the likes of Harvey Weinstein, Bill O'Reilly and Roger Ailes....
Lauren X. Toplesohn, a Member in the Firm's Employment & Labor and Cybersecurity Practice Groups recently authored an NJ Biz Triple Play feature that discussed ways to help employers protect their company information. The article, which ran on February 26 and 27th in NJ Biz, can...
An informative and amusing guide for employers by members Lauren X. Topelsohn and Steve I Adler as published in New Jersey Business Magazine available here: https://njbmagazine.com/njb-news-now/survival-guide-office-holiday-party...
Members Steven I. Adler and Lauren X. Topelsohn victorious in five related lawsuits confirming a $4 million Arbitration Award on behalf of client Asta Funding, Inc. On June 30, 2016, the District Court in Newark in a forty-page decision affirmed a $4 million arbitration award...
Steven Adler, Co-Chair of the Firm’s Labor and Employment Department, was quoted in the June, 2016 edition of Mid Jersey Business, a publication of the MID Jersey Chamber of Commerce, concerning summer internship programs. To read, please CLICK HERE (Page 36-39)...
Member Steven Adler, Chair of the Labor and Employment Law Department, was interviewed as part of the NJ Biz Triple Play series. Steven spoke about tips for employers concerning internships which you can read HERE...
BE PROACTIVE IN 2016 OR REACT AT YOUR CLIENTS' PERIL* Lawyers typically don't act until faced with a problem. All too often we react as the result of our clients not contacting us until an issue arises. Having served as both acting and quasi general counsel...
Tumi, Inc., the worldwide premiere brand of high-end luxury luggage, leather goods, bags and business accessories, continues to be one of Mandelbaum Barrett's most well-known clients. Tumi has engaged the firm as outside counsel for more than 20 years, under the direction of relationship manager...
To receive current news and events concerning our Labor and Employment Practice Group, please provide your contact information.
There is a general belief that arbitration favors employers and large businesses. However, an important change in the law, backed by bipartisan support, has advanced employee rights significantly by increasing their access to courts for certain claims. Specifically, the new law affects an employer's ability to enforce an arbitration agreement and handle sexual harassment/assault claims privately through arbitration. On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the "Act") into law. This law, which amends the Federal Arbitration Act, prohibits forced arbitration of sexual harassment and sexual assault claims....
Attorney: Melody Lins
It has long been the law in New Jersey that doctors can be bound to reasonable restrictive covenants. This includes those arising out of a sale of a medical practice as well as non-competition clauses contained in employment agreements. Karlin v. Weinberg, 77 N.J. 408 (1978); Cnty. Hosp. Group, Inc. v. More, 183 N.J. 36 (2005). However, medical groups should not just stick them in a file and forget about them after they are signed because circumstances change. A victory we had last week in the New Jersey Appellate Division highlights the need for medical practices to remain vigilant with regard to their restrictive covenants....
Attorney: Steven Adler
Mandelbaum Barrett Partners Steven Adler and Brian Block have co-authored an article in the March 9, 2022 issue of the New Jersey Law Journal titled "How Not to Handle the Trial of an Employment Case"-- A hypothetical case provides a crash course on employment litigation, including the after-acquired evidence doctrine, the cat's paw doctrine, stray remarks and the same actor inference....
Attorneys: Steven Adler and Brian Block
1) Marijuana Use by Employees: While the federal government is not going to legalize recreational marijuana, states and local jurisdictions continue to propose and pass legislation that addresses decriminalization of marijuana, recognition of medical marijuana use and legalization of recreational marijuana. Currently 34 states permit medical use of cannabis products, and 18 states and the Washington D.C. permit recreational use of marijuana. The laws in some of these states prohibit employers from taking adverse action against an employee What does this mean for your Practice? Regarding recreational marijuana you can still prohibit employees from being under the influence while working. With respect to medical marijuana, you must engage in the "interactive process" and determine if a "reasonable accommodation" can be provided to an employee whose medical condition requires that they be under the influence during working hours. Your practice should review its substance abuse policy to ensure that it complies with your state and local laws, and you should identify a local lab that can perform the testing required to determine if an employee is under the influence while at work....
Attorney: Brent Pohlman
Mandelbaum Barrett Litigation and Employment Law partner, Brian Block, Esq. has authored an article in the January 21, 2022 issue of the New Jersey Law Journal titled "When Enforcing Restrictive Covenants, Timing is Everything." In this analysis, Brian details a New Jersey case as an example to answer the question, "What point in time should a court focus on when assessing whether an employer has legitmate interests to protect?"...
Attorney: Brian Block
For those old enough to remember Johnny Carson and his character Carnac the Magnificent, every year I inherit Carnac's super-powers to predict the upcoming year's likely hot topic employment issues....
Attorney: Steven Adler
On December 22, 2021, the New York State Department of Labor ("DOL") adopted long-awaited Regulations for the New York Paid Sick and Safe Leave Law which went into effect on September 30, 2020. The Rules, codified as Section 196 to Title 12 of the NYCRR, address several key issues in response to public comments relating to (1) how to count the number of employees for purposes of determining leave; (2) how to calculate sick leave accrual; (3) carryover of accrued leave; and (4) documentation....
Attorney: Lauren Topelsohn
On Thursday November 4, 2021 the United States Department of Labor, Occupational Safety and Health Administration ("OSHA") issued the long-awaited temporary rule addressing mandatory COVID-19 vaccination and testing in the workplace....
Attorney: Brent Pohlman
Attorney: Steven Adler
A vaccine mandate issued by Rutgers University was recently challenged in federal court in New Jersey. In Children's Health Defense, Inc. et al. v. Rutgers, a number of students sought, but were denied, a temporary restraining order against the school....
Attorney: Steven Adler