back to top

Labor and Employment

Labor and Employment

Share

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.

Employment and HR Counseling

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.

Employment Litigation Defense

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.

Executive Compensation and Employee Benefits

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:

  • 401(k) plans
  • Pension and profit sharing plans
  • 457 and 403 (b) plans
  • Deferred compensation arrangements
  • Non-qualified deferred compensation plans
  • IRS Section 162(m) performance based compensation plans
  • Employee Stock Ownership Programs (ESOPs)
  • Long-term incentive plans
  • Resolving IRS, PBGC, and state audits and DOL investigations
  • Fiduciary counseling and litigation
  • IRS Section 409A compliance
  • Separation agreements

Traditional Labor

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.

March 17, 202214 Mandelbaum Barrett attorneys named to the 2022 Super Lawyers List as well as 4 named Rising Stars

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....

Read More

February 1, 2022Gary Young, Esq. and Brent Pohlman, Esq. to present webinar for NJ Restaurant & Hospitality Association

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....

Read More

May 20, 2021Is It a HIPAA Violation for a Business to Ask for Proof That You Got a COVID Vaccine?

Brent Pohlman weighs in on whether or not it's a HIPAA violation for businesses to ask for proof of a COVID vaccination....

Read More

April 29, 2021Tenafly Litigator Steven Adler Obtains Nearly $6 Million in Settlements for Victims of Workplace Sexual Assault

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....

Read More

October 26, 2020Mandelbaum Barrett Achieves $1.9 Million Settlement in National Overtime Class Action Against Major Telecommunications Company

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....

Read More

June 5, 2020Lauren Topelsohn Quoted in Article on "Stormy Waters Ahead for US Culture of Buying Silence"

...

Read More

March 31, 2020Tax and ERISA Update

...

Read More

March 30, 2020David Slays Goliath In The Battle Between Healthcare Providers And UnitedHealthcare

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....

Read More

March 27, 2020COVID-19 Resources

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....

Read More

March 19, 2020Mandelbaum Barrett to Host Complimentary Webinars on COVID-19's Impact on Businesses and Healthcare Providers

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....

Read More

13 MarFifteen Mandelbaum Barrett Attorneys Named to the 2020 Super Lawyers List and Two to Rising Stars

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:...

Read More

12 MarWorkplace Morals Clauses Take Hold Beyond Show Biz in #MeToo Era

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."...

Read More

January 20, 2020Steven Adler Authors Op-Ed Piece for NJBIZ

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....

Read More

December 27, 2019Steven Adler Authored Article for New Jersey Law Journal on "Overriding Termination and Non-Renewal Provisions in Health Care Industry Employment"

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....

Read More

December 4, 2019Steven Adler Interviewed by Monster on the Common Misconceptions Surrounding Unemployment Benefits

Steven Adler Interviewed by Monster on the Common Misconceptions Surrounding Unemployment Benefits...

Read More

November 1, 2019Mandelbaum Barrett Receives High Rankings in Best Law Firms by U.S. News and World Report for 11th Year in a Row

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....

Read More

October 23, 2019Can Employers Still Afford to do Business in NJ?

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....

Read More

October 16, 2019Steven Adler Authors Op-Ed Piece for NJSpotlight on Anonymity for Plaintiffs in Sexual Harassment, Discrimination Lawsuits

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....

Read More

September 3, 2019Steven Adler Recently Quoted in an Ivy Exec Article on Non-Competes, NDA's and Restrictive Covenants

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....

Read More

September 3, 2019Steven Adler Quoted in an Ivy Exec Article on Noncompetes

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....

Read More

August 20, 2019Gary S. Young Will be Speaking at the World of the Latino Cuisine: Food Products and Beverage Trade Show

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....

Read More

July 18, 2019Steve Adler Authors Article for NJBIZ on Age Discrimination Laws

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...

Read More

June 19, 2019Gary Young Authors Op-Ed Piece for NJBIZ on Salary Scrutiny

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....

Read More

April 9, 2019David Carton and Raj Gadhok Named to New Jersey's Best Lawyers for Families List for 2019

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....

Read More

February 1, 2019Lauren X. Topelsohn Talks About the Minimum Wage Increase in NJ and the Impact on Seasonal Businesses

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....

Read More

January 23, 2019Steven Adler Authored Article for New Jersey Law Journal on the MeToo Movement's Impact on Morals Clauses and the Right to Clawback Compensation

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....

Read More

October 29, 2018Dennis Alessi and Raj Gadhok to Present at the New York County Dental Society

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....

Read More

October 9, 2018Dennis Alessi Published an Article in Medical Economics on "Bringing Value-Based Compensation To Your Medical Practice"

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....

Read More

September 12, 2018Bill Barrett To Present at the New York County Dental Society Program on October 4

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....

Read More

September 4, 2018Steven Adler Authored Article For ROI-NJ Entitled "Secretly recording work chats: Not cut-and-dried"

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....

Read More

August 21, 2018Bill Barrett Quoted In Dentists Money Digest on Importance of Understanding Employee Overtime Rules

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."...

Read More

August 14, 2018Dennis Alessi Comments on Recent Events at Jenkinson's Aquarium in the Asbury Park Press

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....

Read More

August 8, 2018Steven Adler Authored Article for New Jersey Law Journal Entitled "The Times They Are a-Changin' for NJ Employers"

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'!...

Read More

June 8, 2018Steve Adler Interviewed by ROI-NJ on Gov. Murphy's Worker Protections

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?"...

Read More

May 16, 2018Steven Adler Authored Op-Ed Piece for ROI-NJ

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!...

Read More

April 25, 2018Steve Adler Quoted in Asbury's Park Press on NJ Equal Pay Act

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/...

Read More

22 MarDennis Alessi Interviewed on NJ 101.5 Employment Law Segment on "Working From Home"

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"...

Read More

21 MarSteven Adler Authors Star Ledger Piece on Nondisclosure Agreements in Light of Latest Stormy Daniels News

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...

Read More

5 MarRecent Labor and Employment Law Wins

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....

Read More

13 Feb2017 Mandelbaum Barrett Year in Review

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....

Read More

24 JanJoin Us for our 2018's Hot Topics: Employment Law Issues for the New Year on March 16, 2018

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....

Read More

16 JanDennis Alessi Quoted in January 2018 Healthcare Risk Management Magazine on "Communication-and-Resolution Programs"

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....

Read More

18 DecSteven Adler Interviewed by WBGO on "How to Protect Against Sexual Harassment in the Workplace"

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."...

Read More

December 12, 2017Lauren X. Topelsohn Authors Article for CNBC on Holiday Party Dos and Don'ts

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....

Read More

6 DecSteven Adler Authors Article for ROI-NJ on "Sexual Harassment and How Employers Can Protect Themselves

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....

Read More

6 DecSteven Adler Quoted in The Economist Executive Education Navigator on Workplace Sexual Harassment and the Culture of Silence

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...

Read More

13 NovSteven Adler & Lauren Topelsohn Author Article on Confidentiality and Non Disclosure Agreements for New Jersey Law Journal

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."...

Read More

6 NovSteven Adler Speaks on Law Firm Harassment on Rocket Matter's Two-Part Podcast

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....

Read More

25 OctSteven Adler Authors Article for NJBiz on "The Use of Confidentiality and Non-Disclosure Provisions in Employment Contracts"

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....

Read More

27 FebLauren X. Toplesohn Featured in NJBiz Triple Play About Protecting Company Information

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...

Read More

4 JanEmployment Department Members Lauren X. Topelsohn and Steve I. Adler's Article, A Survival Guide to the Office Holiday Party published in New Jersey Business Magazine

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...

Read More

30 JunMembers Steven I. Adler and Lauren X. Topelsohn Victorious in Five Related Lawsuits Confirming a $4 million Arbitration Award

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...

Read More

1 JunMember Steven Adler Quoted on 2016 Edition of Mid Jersey Business

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)...

Read More

12 MayMember Steven Adler Featured in NJ Biz

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...

Read More

15 FebMember Steven Adler Authors Op/Ed Piece in 2.15.2016 New Jersey Law Journal

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...

Read More

2 JanTraveling a Long Road with Tumi

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...

Read More

To receive current news and events concerning our Labor and Employment Practice Group, please provide your contact information.

Recent Blog Posts

April 20, 2022What Should You Know About the New Ban on Forced Arbitration of Employee Sexual Abuse Claims?

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


March 21, 2022Restrictive Covenants for Doctors and the Need to Remain Vigilant

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


March 14, 2022Steven Adler and Brian Block co-author article for New Jersey Law Journal titled "How Not to Handle the Trial of an Employment Case"

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


February 18, 2022Four Employment Law Issues Small Business Owners Need to Be Aware of in 2022

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


January 21, 2022Brian Block authors article for The New Jersey Law Journal titled "When Enforcing Restrictive Covenants, Timing is Everything"

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


January 6, 2022The Fearless Forecaster Once Again Predicts Key Employment Law Issues For The New Year

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


January 3, 2022The New York State Department of Labor ("DOL") adopted long-awaited Regulations for the New York Paid Sick and Safe Leave Law

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


November 5, 2021Client Update on OSHA Vaccine and Testing Mandate

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


October 29, 2021EEOC Updates its Interpretation of the Law Relating to Religious Accommodations and COVID-19 Vaccinations

Attorney: Steven Adler


October19, 2021Litigation Continues Challenging Vaccine Mandates

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