Employment and Labor Law

Chasan Lamparello Mallon & Cappuzzo, PC is recognized as a statewide leader in employment and labor law, with Cheyne R. Scott leading the Firm’s Employment Law practice and Thomas R. Kobin heading its Labor Law practice. Together, the Employment and Labor Law Group provides the Firm’s clients with advice and counsel on all facets of the employer/employee relationship throughout New Jersey.

Our public sector clientele includes school boards, municipalities, counties, and authorities throughout New Jersey. Private sector representation includes a wide range of corporations, from banking to manufacturing, as well as other commercial employers across multiple industries. Our specific practice areas encompass virtually every aspect of employment and labor law, including:

DEFENDING MANAGEMENT IN EMPLOYMENT-RELATED LAWSUITS

We have substantial experience evaluating and defending employers in employee-related lawsuits throughout New Jersey and in federal courts. Our successful and cost-efficient representation in all types of employment matters has earned us a reputation as a go-to firm for both public entities and private corporations.

Our experienced litigators, many of whom are certified by the Supreme Court of New Jersey as Civil Trial Attorneys, have an in-depth knowledge and understanding of this rapidly evolving area of law. We frequently handle matters arising under the New Jersey Law Against Discrimination (NJLAD), Title VII, the Conscientious Employee Protection Act (CEPA / Whistleblower Statute), the New Jersey Family Leave Act, the Federal Family and Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA).

Our employment litigation and defense practice includes matters involving:

• Sexual harassment and hostile work environment claims
• Race, national origin, and gender discrimination claims
• Pregnancy and disability discrimination matters
• Whistleblower and retaliation claims under CEPA
• Restrictive covenant and non-compete litigation
• Wrongful termination and employment contract disputes
• Wage, leave, and workplace policy-related disputes

The Firm has obtained defense verdicts in cases involving sexual harassment, racial discrimination, whistleblower actions, and hostile work environment claims. Our extensive litigation background has also resulted in successful outcomes in mediations, settlements, dispositive motions, and appellate practice.

EDUCATION/PREVENTION

Staying informed of the constant changes in employment and labor law in New Jersey is something on which we pride ourselves at Chasan Lamparello Mallon & Cappuzzo, PC. Our attorneys are active on the Executive Committee of the Labor and Employment Section of the New Jersey State Bar Association and serve as Masters and Barristers at the Sidney Reitman Employment Law Inn of Court. Our philosophy emphasizes proactive compliance, training, and education for management clients.

Employment counseling and preventative services include:

• Drafting and updating employee handbooks and workplace policies
• Anti-harassment and workplace compliance training for supervisors and staff
• Internal workplace investigations and HR guidance
• Employee discipline and termination counseling
• Risk management and employment law compliance audits

REPRESENTING EMPLOYEES

The Firm also represents employees throughout New Jersey in a range of employment disputes, from the negotiation of severance packages to claims involving discrimination, retaliation, and whistleblowing. We have obtained successful results for employees in cases arising under the New Jersey Law Against Discrimination, including matters involving sexual harassment, hostile work environment, and racial discrimination.

LABOR OVERVIEW

Cost savings and efficiency in the workplace — these are the goals we seek to attain for our clients in the area of labor law. Successful labor relations require savvy negotiations, aggressive representation when disputes arise, and preventive measures to avoid costly legal disputes. Under the leadership of Thomas R. Kobin, Chair of the Firm’s Labor Law practice, Chasan Lamparello Mallon & Cappuzzo, PC provides strategic counsel and representation to clients throughout New Jersey in a wide range of labor-related matters.

GENERAL LABOR ISSUES

We regularly counsel clients regarding the administration of labor contracts. We understand collectively bargained agreements and their impact on operations, and we are able to advise our clients on day-to-day issues so they are able to maximize efficiencies and avoid costly labor disputes. We have extensive experience in the proper handling of disciplinary issues and know how to avoid poorly planned and executed discipline which can result in costly employment litigation. We develop strategies and guide clients in proper documentation, evaluation and progressive discipline to help avoid these costs. Our attorneys conduct customized training for clients and seminars on these issues. We also advise clients on how to plan for and implement reductions in force. We have handled issues before the National Labor Relations Board, as well as the New Jersey Public Employment Relations Commission involving managerial prerogative versus negotiable issues (“scope” matters), unfair labor practice charges, and conciliation and arbitration matters. The Firm’s attorneys also are experienced in all matters within the jurisdiction of the New Jersey Civil Service Commission, including eligibility, testing, appointment, promotions, appeals, layoffs and disciplinary matters. The Firm’s success and experience also extends to defending complaints filed with the Occupational Safety and Health Administration and under the Public Employees Occupational Safety and Health Act. We have a wealth of experience in defending both disciplinary and contractual grievances and arbitrations. We also draft and advise clients regarding individual contracts, separation agreements, and retirement issues.

COLLECTIVE BARGAINING

We have successfully engaged in negotiations with numerous unions, including the International Brotherhood of Teamsters, the American Federation of State, County and Municipal Employees (AFSCME), The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), the New Jersey State Policemen’s Benevolent Association (PBA), the New Jersey Education Association (NJEA), and the International Union of Operating Engineers. We have attained financially sound, health care responsible and administratively favorable results for our clients. In negotiations, we are adept at critically analyzing collective bargaining agreements, understating how they can impede management either operationally or financially, and we creatively formulate strategies for clients during current negotiations while setting a foundation for future negotiations. Our collective bargaining experience involves both rank and file and supervisory unions. When matters cannot be resolved through negotiations, Chasan Lamparello Mallon & Cappuzzo has extensive experience with mediation, fact-finding, and binding interest arbitration, where we have attained ground breaking decisions for employers. We are also experienced in handling strikes and picketing situations, and invoking the emergent injunction powers of the Court to terminate these scenarios.