Labor & Employment Law

A safe and efficient workplace is essential to best attract, maintain and successfully manage employees. Achieving a hostile-free and productive work environment requires not only successful courtroom litigation, but the application of legal experience and skill in the development of preventative measures designed to effectively head-off potential problems that can lead to litigation.

At Hoagland Longo, our responsibility is to ensure our clients make the best employment decisions possible. To achieve that goal, our Labor and Employment Law Department provides a comprehensive, or "wraparound," approach in rendering effective, trustworthy legal services. We have earned a reputation for success within the various courts and among the many municipal branches of government, private businesses and the insurance communities we serve. Our recognized commitment to excellence, both in and outside the courtroom, has yielded successful, cost-effective results for our clients within the courts of the United States, New Jersey State Courts and the New Jersey Administrative Courts and New Jersey State Agencies.

While necessary, courtroom litigation appearances represent only a small part of the legal services that clients should expect from your attorneys. We recognize that to accommodate an employer's personnel interests, all aspects of the employer/employee relationship must be addressed. It is here that our unique, wraparound, approach is so effective. Practice areas and subjects of representation rendered in the accomplishment of this legally comprehensive approach to the strategic objectives of our clients encompass, but are certainly not limited to:

  • Effective strategies in the hiring and firing of employees
  • Best practices for disseminating and implementing policies and procedures
  • Identification and evaluation of employer insurance coverages
  • Drafting employment agreements
  • Addressing issues of harassment in the workplace
  • Addressing issues of discrimination in the workplace
  • Addressing issues of retaliation in the workplace
  • Understanding the legal rights of disabled employees under the Americans with Disabilities Act & the New Jersey Law Against Discrimination (LAD)
  • Defamation of character
  • Proper implementation and use of family leave
  • Public employers and employees
  • Workers' compensation law

Related Blog posts

Appellate Division Provides First Analysis of the Pregnant Workers Fairness Act

On January 3, 2020, the Appellate Division reversed in part the Law Division’s order granting summary judgment to the Ocean Township Police Department in a pregnancy discrimination lawsuit filed by Kathleen Delanoy. By writing for the three-judge panel, Judge Jack Sabatino became the first judge to provide substantive analysis regarding the Pregnant Workers Fairness Act (“PWFA”), N.J.S.A. 10:5-12(s).

Jan 31, 2020 By Jack Middough
Uniform Domestic Violence Policy for Public Employers

On October 15, 2019, the New Jersey Civil Service Commission (CSC) published the Statewide Domestic Violence Policy (DVP), and it mandates that all public employers must adopt some form of the policy.

Dec 12, 2019
NJ Governor Signs Law Banning Some Employment Non-Disclosure Agreements

In 2018, New Jersey legislators introduced companion bills S121 and A1242. The legislation was proposed in the wake of the #MeToo movement and sought to ban non-disclosure agreements arising from sexual harassment allegations. The bills met with substantial approval by New Jersey lawmakers, and this March, Governor Phil Murphy signed the legislation into law as an amendment to New Jersey’s Law Against Discrimination.

Apr 22, 2019 By Jennifer Passannante
New Jersey’s Paid Sick Leave Law To Go Into Effect This Month

On October 29, 2018, the New Jersey Paid Sick Leave Act (N.J.S.A. 34:11D-1 et seq.) went into effect. This law preempts all local laws regarding paid sick leave. Under the New Jersey Paid Sick Leave Act, employers must provide employees with one hour of paid sick leave for every thirty hours worked, up to forty hours per benefit year.

Oct 30, 2018 By Nicole Grzeskowiak
N.J. Senate Passes Bill to Ban Employment Non-Disclosure Agreements

The #MeToo movement sparked in the wake of the Harvey Weinstein sexual assault allegations has led policymakers to reconsider the propriety of non-disclosure agreements (NDAs) in employment contracts. Many employers seek NDAs as a condition of settling sexual harassment and other employment discrimination cases. But critics charge such agreements only serve to silence victims and protect companies from public scrutiny of their employment practices.

Sep 10, 2018
New Jersey Equal Pay Act to Take Effect on July 1

All New Jersey employers need to be aware of the recent passage of the Diane B. Allen Equal Pay Act, which has been described as one of the strongest “equal pay” laws in the country. The Act, signed into law by Gov. Phil Murphy in April, takes effect on July 1 and requires employers to take certain steps to ensure they are not paying similarly situated employees differently based on sex, race, or other protected employee characteristics.

Jun 15, 2018 By Jennifer Passannante
New Jersey Court Considers Whether State Anti-Discrimination Laws Cover “Telecommuting” Employees Outside the State

Employment discrimination has been in the headlines during the past several months. And although New Jersey has long had strict laws banning sex discrimination in the workplace, it is still unclear how these rules apply to non-traditional work arrangements like telecommuting. After all, thanks to computers and smartphones, many employees can work for a New Jersey-based employer from any state. But are those employees entitled to the protections of the New Jersey Law Against Discrimination (NJLAD

Apr 18, 2018 By Jennifer Passannante
New Department of Labor Release on Unpaid Interns - Legal or Not?

Jennifer Passannante analyzes the new "primary beneficiary" test adopted by the U.S. Department of Labor (DOL) which clarifies when interns and students working at for-profit employers will be considered employees under the Fair Labor Standards Act (FLSA), thereby entitling them to compensation. Find out the facts behind the DOL's recently implemented "Internship Programs under the Fair Labor Standards Act".

Jan 09, 2018 By Jennifer Passannante
Appellate Court Confirms that Agreements to Arbitrate Law Against Discrimination Claims are Enforceable

A recent New Jersey Appellate Division decision has confirmed that agreements between employees and employers to arbitrate discrimination or retaliation claims can be enforced, thereby barring employees from bringing such a lawsuit in civil court. In this blog, Aron Mandel reviews the recent decision and discusses why the employment agreement was found favorable by the court.

Nov 07, 2017 By Aron Mandel
Whistleblowers Can’t Just Play the Blame Game

This blog discusses a recent New Jersey Appellate Division decision that makes clear that general reference of a law, policy or regulation may not be enough to support a claim under CEPA. Learn about how plaintiffs can support a viable CEPA claim and how this relates to the conduct or action causing the complaint.

Nov 01, 2017
Digital Discrimination: How Online Job Applications May Subject Employers to Legal Action

The job market and application process are increasingly being driven by digital job platforms such as Monster, Indeed, and CareerBuilder, in addition to employers’ own company websites. While perhaps increasing efficiency, these online application platforms also raise unique legal considerations which may potentially increase employers’ exposure to claims of unlawful discrimination.

Apr 03, 2017
Tis the Season – To Avoid Religious Discrimination and Harassment in the Office

During the Holiday Season, with decorations, events, and parties being omnipresent, it is easy to see how employers may be faced with a situation where an employee may feel discriminated against or harassed based on their religion or where there are issues with an employee’s religious expression or desire to opt out of holiday festivities. To that end, employers can protect themselves by following a few general guidelines.

Dec 16, 2016
A Poor Attitude Can Find an Employer at the “Core” of an Employee’s Sexual Harassment Claim

The New Jersey Supreme Court recently overturned a decision of a lower Court that prevented testimony alleging a Mayor ordered an after-the-fact cover-up of sexual harassment in a city employee’s suit alleging discrimination. In doing so, the Court may have signaled its approval of an expanded scope of analysis to allow examination of an employer’s corporate attitude and culture before allowing defenses based on the creation and enforcement of anti-discrimination policies.

Oct 31, 2016 By Aron Mandel
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