- New Jersey, 2005
- New York, 2009
- Federal District Court of New Jersey, 2005
- Third Circuit Court of Appeals
- Southern District of New York
Brent R. Pohlman is a partner in Mandelbaum Barrett PC’s labor and employment practice group.
Brent has extensive experience representing employers in complex civil litigation, including civil rights actions, whistleblower claims, contract disputes, wage and hour cases, and other types of employment disputes. He regularly represents clients in federal and New Jersey state courts, in addition to appearing before administrative agencies including the Equal Employment Opportunity Commission, the Office for Civil Rights, the New Jersey Division of Civil Rights, and the New Jersey Department of Labor.
In addition, Brent helps employers develop and implement policies and procedures, comply with labor and employment laws and regulations, and manage day-to-day issues with their workforce. He frequently counsels clients on their employment agreements and handbooks, the Family Medical Leave Act (“FMLA”), employee discipline, reductions in force, furloughs, seniority, workplace investigations, and other areas. He also regularly trains employees and managers on a variety of areas, including anti-harassment, anti-discrimination, and disability accommodations.
In his labor practice, Brent represents employers in contract negotiations and advises on the administration of CBAs. He assists in grievance responses and represents employers in arbitration proceedings, as well as in unfair practice proceedings. Brent also helps his clients cultivate a healthy, respectful, and mutually beneficial relationship with their employee units.
“What to Watch for in Employment Law,” Today’s Veterinary Business, April/May 2023.
Relief Rover Webinar with Peter Tanella, Esq. “A Contract Primer for Relief Veterinarians,” April 18, 2023.
ACCSES New Jersey Star Conference: “Disability Law Primer,” September 21, 2022.
NJ Restaurant & Hospitality Association (NJRHA) Webinar: “Wage and Hour Law”, February 16, 2022.
Bankruptcy and Creditors Rights Group Achieves Multiple Successes for Clients Using Various Exit Strategies, Led by Partner Vincent J. Roldan
July 12, 2023
Busy start to the summer for our Bankruptcy and Creditors Rights group, especially Partner Vincent J. Roldan. This week, he argued a contested confirmation hearing in the RTW Construction case (Bankr. D.N.J. 21-18595). The court overruled objections and stated it will confirm the Debtor’s Chapter 11 plan of reorganization. In the past couple of weeks, […]Veterinary Non-Competes: A Legal Update
August 24, 2023
The veterinary industry has been abuzz about non-compete agreements (NCAs) for some time now. Should they be used? Should they go away? Are they enforceable? This is obviously a controversial topic, and it’s evolving quickly. As attorneys, we can’t advocate for or against NCAs, but we can provide an update so you understand recent legal […]Partners Raj Gadhok and Brent Pohlman Secure Major Victory for Client in Whistleblower Case Under New Jersey’s CEPA
July 24, 2023
Partners Raj Gadhok and Brent Pohlman achieved a significant victory for their client, the Director of Sales for an international produce supplier, in a New Jersey federal district court case involving alleged whistleblower violations under New Jersey’s Conscientious Employee Protection Act (CEPA). After dismissing the initial CEPA claims, the court also dismissed the amended complaint, […]Op-Ed: Has NJ’s revised WARN Act metastasized into an anti-business job killer?
April 14, 2023
In his op-ed piece for NJ spotlight, Gary Young discussed the revised NJ WARN Act, also known as the "mini-WARN Act." The revised Act came into effect on April 10 and has the potential to be an anti-business job killer. In his article, Young highlights some of the Act's key features, including increased notice obligations, mandatory severance, and lower thresholds to trigger WARN.New Jersey’s 2020 WARN Act Amendments: A Comprehensive Look at the Changes to Employer Obligations and Liabilities
January 27, 2023
The NJ WARN Act requires employers to provide advance notice to employees in the event of a plant closing or mass layoff. In 2020, radical changes were made to the law, expanding the definition of "employer" and "mass layoff", adding obligations in the event of a "change of control", and expanding the definition of "establishment". The amendments will take effect on April 10, 2023, making more employers subject to the law and potentially exposing owners and decision-makers to individual liability.Controversial California Law is Pushed Forward Despite Referendum Pause
January 13, 2023
The Fast-Food Accountability and Standards Recovery Act (FAST) was signed into law in California on September 5, 2022. The 10-member council, including union activists, is authorized to set minimum wages and other working conditions for non-unionized fast-food workers. Non-unionized employers face an immediate minimum wage increase to an unprecedented $22/hour and exposure to lawsuits. The law has raised constitutional concerns and will likely face legal challenges. Mandelbaum Barrett PC is ready to review the implications of FAST for the New Jersey Hospitality Industry.Restaurants and Those in the Hospitality Business Should Not Rely on Faulty Understandings of Wage & Hour Laws
November 2, 2022
Employers in the restaurant and hospitality industries must be aware of the risks associated with tip pooling. Non-compliance with wage and hour laws can result in significant financial penalties. Key areas to pay attention to include properly informing employees, correctly implementing tip pooling, and paying overtime to tipped employees. By understanding and adhering to the law, employers can mitigate the risks associated with tip pooling practices.Four Employment Law Issues Small Business Owners Need to Be Aware of in 2022
March 1, 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.Four Employment Law Issues Small Business Owners Need to Be Aware of in 2022
February 18, 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.Client Update on OSHA Vaccine and Testing Mandate
November 5, 2021
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.Can My Practice Enforce A Non-Competition Agreement?
October 27, 2021
The enforceability of non-competition agreements (NCAs) has been a hot topic in many industries since President Biden issued his July 9, 2021 Executive Order. The Executive Order does not bar or even limit NCAs. Rather it is a directive to the Federal Trade Commission to analyze the issues surrounding NCAs and promulgate rules. Although the media has framed this section of the Executive Order as seeking to ban non-competition agreements in employment contracts, the plain language of the Order makes clear that the Administration at this time is seeking to target what it feels are "unfair" uses of NCAs that "unfairly" limit worker mobility.New Jersey Takes a Stand Against Age Discrimination
October 18, 2021
Last week, the Governor of New Jersey signed into law a bill that amended the section of the New Jersey Law Against Discrimination (NJLAD) governing age discrimination. The legislation eliminated the provision of the NJLAD that permitted employers to refuse to hire job applicants and/or promote employees 70 years of age or older. An employer […]Is It a HIPAA Violation for a Business to Ask for Proof That You Got a COVID Vaccine?
May 20, 2021
Brent Pohlman weighs in on whether or not it's a HIPAA violation for businesses to ask for proof of a COVID vaccination.Arla Cahill and Brent Pohlman to present Disability Law Primer at the upcoming ACCSES Star Conference
September 18, 2023
Arla Cahill, Esq., Partner and Chair of Education Law and Co-Chair of Special Needs and Brent Pohlman, Esq., Partner in Labor and Employment at Mandelbaum Barrett PC will be presenting a “Disability Law Primer” at the upcoming ACCSES New Jersey Star Conference on October 4th from 1:45pm to 2:45pm. The Disability Law Primer will be […]Peter Tanella, Esq. and Brent Pohlman, Esq. were recent guests on the Vet Worthwhile Podcast
June 8, 2023
On the latest episode of the Vet Worthwhile podcast with James Yost and Travis York, listen in as Peter Tanella, Esq., Chair of the National Veterinary Law Group and Brent Pohlman, Esq., Employment Law Partner at Mandelbaum Barrett PC discuss restrictive covenants, what changes we may see in non-competes moving forward, and how veterinarians can […]Peter Tanella and Brent Pohlman to present a Relief Rover webinar titled “A Contract Primer for Relief Veterinarians”
April 17, 2023
Tomorrow evening, April 18th at 8pm EST, Peter Tanella, Esq., Chair of the National Veterinary Law Group and Brent Pohlman, Esq., Employment Law Partner at Mandelbaum Barrett PC are thrilled to be presenting a Relief Rover Webinar with Cindy Trice titled “A Contract Primer for Relief Veterinarians.” We will discuss an overview of the elements, clauses and terms of relief veterinarian […]Peter Tanella, Esq. and Brent Pohlman, Esq. co-author article for Today’s Veterinary Business titled “What to Watch for in Employment Law”
April 6, 2023
Every year, legislation is enacted addressing workplace laws and regulations. Additionally, national and state government agencies renew their focus on enforcing certain employment matters. This year is no different. Peter Tanella, Esq., Chair of the National Veterinary Law Group and Brent Pohlman, Esq., Employment Law Partner at Mandelbaum Barrett PC detail the five hot-button issues that […]Arla Cahill, Esq. and Brent Pohlman, Esq. to present at the ACCSES NJ STAR Conference
September 12, 2022
Mandelbaum Barrett PC Special Needs Partner Arla D. Cahill, Esq. and Employment Law Partner Brent Pohlman, Esq. will be presenting at the upcoming ACCSES New Jersey Star Conference on September 21st, 2022. They will be giving a “Disability Law Primer” as an introduction to relevant state and federal laws pertinent to service providers of individuals with disabilities, including the […]Gary Young, Esq. and Brent Pohlman, Esq. to present webinar for NJ Restaurant & Hospitality Association
February 1, 2022
Mandelbaum Barrett PC 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.