If you are doing business in New Jersey, you need experienced employment lawyers to assist you with legal compliance, risk management, and litigation. Employment law is highly technical — you therefore need to protect your business interests with employment policies and strategies that are efficient, effective, and tailored to your needs. We help businesses and organizations handle their employee relationships as well as resolve disputes.
We advise and assist clients with a wide variety of employment issues, including the following:
- Contract negotiation and enforcement,
- Dispute resolution and FINRA arbitrations,
- EEOC and New Jersey Division of Civil Rights compliance and defense,
- Employee benefits and ERISA compliance and disputes,
- Federal and state employment litigation,
- FMLA and paid sick leave laws,
- Minimum wage and overtime issues,
- Unfair labor practice proceedings,
- Whistleblower and retaliation claims,
- Workers’ compensation, and
- Wrongful termination allegations.
A myriad of federal, state, and municipal laws may apply in New Jersey employment claims. Typically, courts apply whichever law provides the greatest protection or benefit to the worker. Skilled employment lawyers can help your organization understand how the interplay of federal and local laws impacts your business.
How Can Employment Lawyers Improve My HR Procedures?
Federal, state, and city-based employment law is becoming increasingly technical and complex. Without the guidance of employment lawyers, employers can easily make costly mistakes. Our job is to understand how changes in state, federal, and municipal rules impact our clients and then ensure that their employment practices comply with these laws.
Employment lawyers shouldn’t simply handle litigation. We believe that a comprehensive legal compliance and risk management program can help prevent labor and employment disputes. Strong employment policies and communications subsequently lead to stronger employee relationships and consistency. However, poorly created and implemented procedures can have the opposite result. It can lead to prolonged litigation and employee attrition.
Experienced Employment Lawyers Can Help You:
- Comply with federal and state Department of Labor audits,
- Create effective employee and termination procedures,
- Develop HR strategies that protect your client lists, trade secrets, and other valuable business information,
- Draft, evaluate, and revise employee handbooks, HR policies, and procedures,
- Ensure that your exempt/nonexempt classifications are consistent with federal and state overtime rules,
- Assess and improve your record-keeping policies,
- Perform internal investigations of discrimination and other employment violations,
- Restructure your business organizations in a legal and strategic manner,
- Review your compensation and benefits structures for potential violations, and
- Train employees on the proper handling of HR and employment issues,
We provide confidential as well as cost-effective general counsel services to our clients and aim to minimize your potential liability.
Drafting and Enforcing New Jersey Employment Contracts
Employment contracts are a vital part of any employment law strategy. A properly drafted contract helps employees understand their rights and responsibilities and helps prevent unnecessary litigation. We can help your business organization develop and enforce the following:
- At-will employment provisions,
- Binding arbitration clauses,
- Bonus and commission agreements,
- Employment contracts,
- Independent contractor agreements,
- Non-competition and no-poaching agreements,
- Severance agreements,
- Shareholder and partnership agreements,
- Temporary agency contracts,
- Trade secret and confidentiality clauses, and
- Other strategic business agreements.
Before we draft a contract, we will take the time to understand your organization’s short and long-term goals. Then, we will draft and negotiate agreements that are tailored to your needs. And, when disputes arise, we are prepared to vigorously defend your interests, either through alternative dispute resolution or at trial.
Alternative Dispute Resolution
Most employment law disputes should be resolved without costly litigation. Employment lawyers with significant experience negotiating, mediating, and arbitrating disputes can subsequently help you avoid the negative publicity and expense of a trial. During mediation, both parties discuss the dispute with a neutral professional and work to resolve the issue out-of-court. Unlike a trial, most alternative dispute resolution (ADR) is confidential. While not all ADR is successful, we strive to minimize our clients’ liability and risk through effective negotiation and mediation.
Financial Industry Regulatory Authority (FINRA) Arbitration
If you are in the securities industry, many of your employment disputes will be resolved through FINRA arbitration. Arbitration is a method of ADR and most securities industry employment contracts include a binding arbitration clause (requiring employees to arbitrate rather than litigate). It is private and confidential; moreover, binding arbitration clauses are regularly upheld by New Jersey courts.
FINRA arbitration is more formal than mediation and involves a specific set of procedures. It is therefore important that employers retain employment lawyers who are experienced in selecting FINRA panels and presenting persuasive cases. We have extensive experience in FINRA arbitration, including unpaid bonus and transitional compensation as well as wrongful termination claims.
Guiding Employers Through Administrative Proceedings
Many employment disputes are, at least initially, handled by administrative bodies like the New Jersey Division of Workers’ Compensation, the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC). These administrative bodies have their own procedures and dispute resolution systems. If you do not comply with these processes, you may be significantly disadvantaged. When you hire employment lawyers, make sure they have experience not only in state and federal courts but also with employment-related administrative organizations. Our firm handles state and federal cases, as well as administrative claims.
NJ Employment Law Litigation and Defense
Even when an organization implements strong compliance and employee relations systems, litigation is sometimes inevitable. In these cases, you need a skilled NJ employment lawyer who understands both New Jersey and federal employment laws and can fiercely defend your interests. As an employer, you have rights — in addition to many legitimate defenses. We will investigate, develop, and defend these rights in court.
Our firm has more than 20 years of experience handling New Jersey employment issues and will use that experience to protect your business interests. We understand not only the applicable laws, but also the personalities and expectations of the judges, arbitrators, and attorneys involved. Our goal is to quickly and favorably resolve all lawsuits.
Contact Employment Lawyers Today
The Law Offices of David S. Rich, LLC offers a full-range of services to employers and businesses. Contact our offices to speak to knowledgeable employment lawyers today.
Our firm’s labor and employment practice in New Jersey includes the following:
- Labor and Employment Litigation
- Employment Compliance and Consulting
- Overtime Compliance
- Business Contracts and Agreements
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