Labor and Employment

Capehart Scatchard Labor and Employment practice recognize the diverse workplace issues facing today’s employers. We work with management to address the wide variety of legal and human resource challenges which abound. Understanding our clients’ businesses and operational philosophies is key to assisting them in developing proactive policies and procedures to avert liability, minimize employment claims, and foster a productive and healthy workplace.

Legal Services

Our public and private sector clients rely on us for guidance and counsel on any number of labor and human resource issues including:

  • affirmative action programs
  • Americans with Disabilities Act claims
  • breach of contract issues
  • claims under the New Jersey Law Against Discrimination
  • collective bargaining in the public and private sectors
  • confidentiality and trade secret issues
  • constitutional claims
  • defamation claims
  • discipline and termination issues
  • drugs in the workplace issues
  • employment discrimination including sexual harassment, age, gender, race, sexual orientation and disability discrimination
  • employee manuals
  • employee relations policies such as the preparation and implementation of employment contracts and non-compete agreements
  • grievance and arbitration presentations
  • Fair Labor Standard Act claims
  • Family Medical Leave Act matters
  • occupational safety and health matters
  • unemployment compensation hearings
  • union election campaigns
  • whistleblower claims
  • workplace violence issues
  • wrongful termination

Representative Matters

Some of our representative matters have included:

  • Defending companies against various discrimination claims before the EEOC, the Division of Civil Rights, and before state and federal courts.
  • Defending private organizations in connection with union representation attempts.
  • Preparing employment manuals and policies for public entities and private businesses, including drug testing policies.
  • Defending public schools in public contracting challenges.
  • Defending private manufacturers in claims of sex, same-sex, and religious hostile atmosphere, and age discrimination.
  • Representation of public entities, business organizations and individuals in administrative hearings before the Office of Administrative Law, Public Employment Relations Commission and other state agencies concerning civil service and civil rights matters, pension issues, wage and hour disputes and other labor issues, and unemployment claims.
  • Defending a local school board in whistleblower suit.
  • Obtained summary judgment for public entity client in sexual harassment matter; case is on appeal.
  • Defending local utility company in federal court in sex discrimination and sexual harassment matters.
  • Dismissing sexual discrimination claim on summary judgment for local municipality.
  • Dismissing sex harassment suit on summary judgment for large oil refinery client.
  • Appearing before the New Jersey Supreme Court on behalf of banking industry client on issue of whether jury trials are available under the New Jersey Law against discrimination.

Representative Client List

Our clients represent a wide range of businesses in both the public and private sectors, such as large privately and publicly-held service corporations, small businesses, printing companies, oil refineries, manufacturers, utilities, boards of education, moving and storage companies, governmental agencies, and public entities.

Firm Experience and Highlights

We frequently represent our clients before the numerous federal agencies responsible for administering the myriad of labor and employment laws such as the National Labor Relations Board, the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission as well as before various state boards and agencies such as the Department of Education, Public Employment Relations Commission and the Division on Civil Rights.

When handling employment disputes, our labor attorneys work diligently to provide advice to avoid legal minefields in the volatile and ever expanding area of employment law. Once litigation becomes inevitable, however, the Practice’s attorneys demonstrate its significant success in litigating workplace disputes in state and federal trial and appellate courts across New Jersey and the Delaware Valley region.

Our lawyers are committed to providing employers with quality counsel and developing and implementing winning and cost-effective strategies to ensure they achieve their business goals.

The Department has published a number of articles on various subjects. Also, the Department features a Guide to Employment Issues under the ADA and FMLA for Practitioners and Employers.