Employment & Labor Law

Saiber has particular strength in helping employers address the many facets of the employment relationship through preventive counseling and litigation. Our clients include companies large and small, national and multinational, private and public and across many industries.

Employment Counseling 

Avoiding costly employment litigation is our primary objective in advising clients. To that end, we audit, develop and update personnel policies, draft employee handbooks and train clients to deal with sensitive workplace problems, including sexual harassment, substance abuse and employee privacy, an area that now encompasses the use of the Internet and electronic mail.

We also provide counseling on employee discipline and discharge, reductions-in-force and compliance with EEO and other regulatory requirements. In so doing, we draw on our knowledge of the state and federal statutes and regulations affecting the employment relationship, including Title VII, the Age Discrimination in Employment Act, the Older Workers Benefits Protection Act, the Americans with Disabilities Act, ERISA, New Jersey's Law Against Discrimination, and the federal and state statutes governing family and medical leave. The firm represents clients in negotiating and drafting employment agreements, restrictive covenants, confidentiality agreements, severance agreements, stock option plans and incentive bonus plans. While we cannot prevent an employee from filing a lawsuit, we strive to minimize our clients’ liability by crafting strong and clear agreements, policies and procedures.

Employment Litigation

The number of employment based lawsuits initiated by current and former employees grows exponentially each year. Our clients rely on our ability to litigate effectively in state and federal courts, before federal, state and local regulatory agencies in New Jersey and New York and through arbitration and mediation. We handle the full range of matters, including defense of discrimination claims based on race, color, religion, national origin, ancestry, age, marital status and affectional or sexual orientation, and claims of sexual harassment and other allegations of discriminatory or disparate treatment.

Our lawyers regularly defend clients against claims of wrongful termination and breaches of employment contracts and the increasingly common claims of defamation and intentional infliction of emotional distress stemming from a termination or employee discipline. We provide both defense and prosecution of claims relating to breaches of restrictive covenants, improper disclosure of trade secrets and proprietary information and unfair competition by former employees. We also represent clients in an array of other employment related matters, including whistleblower claims, disputes over ERISA-governed benefit plans and stock option and severance disputes.

Labor Law

Our experienced attorneys represent management in all aspects of labor and employment law, including labor arbitrations, unfair labor practice hearings before the National Labor Relations Board (NLRB), representation hearings before the NLRB and administrative hearings before the United States Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC) and the New Jersey Division on Civil Rights. We also negotiate collective bargaining agreements and are experienced in all aspects of legal proceedings relating to labor disputes in both state and federal courts and before administrative tribunals.

In addition, we are experienced in the full range of wage and hour issues arising under the Fair Labor Standards Act (FLSA), the New Jersey Wage and Hour Law and the New Jersey Wage Payment Act. We also handle proceedings arising under the Occupational Safety and Health Act (OSHA).

Training and Educational Seminars on Workplace Issues

Our lawyers are recognized experts in the field of employment and labor law and regularly present educational programs and training sessions for employers regarding compliance with state and federal laws and regulations, including those governing union avoidance, wage and hour issues, employment discrimination, sexual harassment and interpretation of applicable employment statutes.

 

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