Frank A. Custode is a Partner in the firm’s Labor and Employment Practice Group and Litigation Practice Group. As a seasoned employment law practitioner, Frank has diverse and wide-ranging experience. Over the course of two decades, Frank’s extensive experience includes the representation of individuals as a solo practitioner and the representation of employers as a management-side attorney at a global labor and employment defense firm.

Frank concentrates his practice in employment litigation and employment law counseling. As a litigator, Frank represents clients in a wide variety of employment law matters, including cases involving claims of workplace discrimination and retaliation, wrongful termination, workplace harassment and hostile work environment, whistleblower retaliation, family and medical leaves of absence, workplace accommodation requests, and breach of restrictive covenants. As a counselor, Frank provides advice to businesses of all sizes and individuals on a large scope of employment law issues, including the negotiation of employment-related agreements such as employment, restrictive covenant, and severance agreements, employee discipline and termination, preventative counseling, wage and hour laws, the review and preparation of handbooks, policies, and agreements, and workplace investigations involving claims of discrimination, retaliation, and harassment.

Frank also has substantial experience representing clients in business and commercial litigation matters. He has represented clients in cases involving claims of breach of contract, misappropriation of trade secrets, fraud, tortious interference, unfair competition, and minority oppression.

In addition to his work as a practitioner, Frank is a New Jersey Court Rule 1:40 qualified mediator for employment law disputes. Given his vast experience representing both plaintiffs and defendants, Frank has a strong understanding of the issues on both sides of an employment law dispute. As a mediator, Frank has successfully helped parties resolve complex legal matters, which often involve high emotions and claims of significant damages.

Throughout his career, Frank has authored employment law articles in various publications, been quoted in articles about various employment law topics, and been a presenter on various employment law issues. Beyond his legal work, from 2014-2017, Frank served as a Board Member for Straight & Narrow, Inc., which is a Catholic Charities Agency in the Diocese of Paterson.

Before entering private practice, Frank served as a judicial law clerk for the Honorable Joseph A. Falcone, A.J.S.C., Superior Court of New Jersey, Essex County.

Recognized for his excellence in the field, Frank has been listed on the New Jersey Super Lawyers roster from 2017 to 2024, as well as the “Rising Stars” list from 2013 to 2015.

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. A description of the standard or methodology used by Super Lawyers and Rising Stars can be found on their respective

  • New Jersey Super Lawyers, 2017-2024
  • Rising Stars, New Jersey Super Lawyers, 2013-2015

New Jersey, 2000

New York, 2001

U.S. District Court District of New Jersey, 2000

U.S. District Court Southern District of New York, 2005

U.S. District Court Eastern District of New York, 2005

U.S. Court of Appeals 3rd Circuit, 2012

  • New York Law School
    • J.D. – 2000
    • Honors: magna cum laude
    • Articles Editor, New York Law School Law Review
  • Drew University
    • B.A. – 1997
    • Honors: magna cum laude
    • Honors: Pi Sigma Alpha, The National Political Science Honor Society

Paid Lactation Breaks Are Now Mandatory In New York

July 23, 2024

Effective June 19, 2024, all employees in the State of New York have the right to paid break time to express breast milk.  Specifically, N.Y. Labor Law § 206-c1 provides that “an employer shall provide paid break time for thirty minutes, and permit an employee to use existing paid break time or meal time in excess of thirty minutes to allow an employee to express breast milk for such employee’s nursing child each time such employee has reasonable need to express breast milk for up to three years following child birth.”

New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment

July 1, 2024

In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging claims of discrimination and harassment under the New Jersey Law Against Discrimination (“LAD”).  Specifically, the Court held that “because the scope of the agreement in this case would bar individuals from describing an employer’s discriminatory conduct, the agreement encompasses speech the LAD protects” and thus, “the non-disparagement clause in the agreement is against public policy and cannot be enforced.”

NYC Newsletter

May 17, 2024

the latest updates from Mandelbaum Barrett PC, straight from the vibrant streets of New York City. As we mark the midpoint of the year, our firm is excited to share significant milestones and achievements. From navigating complex legal landscapes to celebrating noteworthy victories, we're dedicated to delivering exceptional service to our clients. Join us on this journey as we reflect on our progress and look forward to what lies ahead.

What is the Impact of the FTC Ban on Non-Competes on Other Types of Contractual Restrictions?

May 10, 2024

On April 23, 2024, the Federal Trade Commission (“FTC”) voted to finalize a rule that prohibits employers from enforcing non-compete agreements against workers (“The Rule”).  The Rule takes effect 120 days from its publication in the Federal Register.