Brent R. Pohlman is a partner in Mandelbaum Barrett’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.

  • New Jersey, 2005
  • New York, 2009
  • Federal District Court of New Jersey, 2005
  • Third Circuit Court of Appeals
  • Southern District of New York

  • Seton Hall University School of Law, J.D., 2005
  • Dickinson College, B.A., 2001

Restaurants and Those in the Hospitality Business Should Not Rely on Faulty Understandings of Wage & Hour Laws

November 2, 2022

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.

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, Esq. and Brent Pohlman, Esq. to present at the ACCSES NJ STAR Conference

September 12, 2022

Mandelbaum Barrett 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 Americans […]

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

February 1, 2022

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.