Labor and Employment Law
New Jersey Labor and Employment Law Attorneys
The law firm of Lum, Drasco & Positan has deep legal roots serving the business community in New Jersey. We remain committed to serving the dynamic needs of the business community with cutting-edge legal services. Our firm’s labor and employment attorneys represent a broad spectrum of businesses, including closely-held businesses, Fortune 500 companies, partnerships, executives and public-sector clients. Let our extensive experience work for you.
The firm’s Labor and Employment Group has been recognized with “Tier 1” Rankings in “Employment Law-Management”; “Labor Law-Management”; and “Litigation-Labor and Employment” in Best Lawyers/US News and World Report for 2015. It has been perennially listed in Chambers USA: America’s Leading Business Lawyers since the inception of that publication. A number of our lawyers have been listed in Best Lawyers, Superlawyers, Rising Stars, and other recognized lists.
Our labor and employment group has extensive experience in employment counseling, workplace investigations, litigation, trials, alternative dispute resolution procedures and appellate practice. This includes many cases representing defendants in discrimination, retaliation, and other civil rights matters under Title VII of the Civil Rights Act of 1964, the New Jersey Law Against Discrimination, the New Jersey Conscientious Employee Protection Act (CEPA), the Family and Medical Leave Act (FMLA), the New Jersey Family Leave Act, and the New Jersey Civil Rights Act. We have been involved in many high-profile cases in this area of law, including: LePore v. National Tool (whistleblower case), Baliko v. Stecker (sexual harassment case), Department of Labor v. Pepsi-Cola Co. (wage and hour case), Local 68 v. Delaware River and Bay Authority (bi-state agencies/state constitutional claims), and Klein v. UMDNJ (CEPA case), Hermann v. Fairleigh Dickinson University (discrimination case).
We are experienced in private sector labor negotiations and counseling, including negotiations, arbitrations, and general contract administration.
We have represented various public entities and public officials in a variety of litigated matters including the New Jersey Attorney General, New Jersey Department of Banking and Insurance, New Jersey State Police, New Jersey Department of Corrections, Passaic County Sewerage Commission, New Jersey Administrative Office of the Courts, University of Medicine and Dentistry of New Jersey, and the Delaware River and Bay Authority. Our legal team has also represented the counties of Essex, Passaic, Morris, Somerset, Bergen, Union, and Warren, the municipalities of Elizabeth, Camden, Holmdel, Bayonne and others.
New York Labor & Employment Law Attorneys
The Firm’s Labor & Employment Group also represents New York management-side clients in connection with various labor and employment matters, providing clients with a complete range of labor and employment legal services. Firm attorneys represent management in the following New York labor and employment matters:
- Defense of discrimination claims in the New York Courts and New York City Commission on Civil Rights;
- Employment counseling and training programs to management and supervisors in areas of workplace practices such as hiring and termination practices, employment applications, workplace conditions, employee handbooks;
- Private Sector Collective bargaining;
- Union grievance resolution and defense of unfair labor practice claims before the NLRB;
- Representing management in connection with labor strikes and development of effective strike strategies and plans;
- Guidance during labor and employment law audits undertaken by the United States Department of Labor and New York State Department of Labor in Wage/Hour/Overtime matters and defense of enforcement proceedings;
- Development of training programsfor managers and supervisors, in areas such as, harassment, employee evaluations, and discipline;
- Conducting investigations into workplace misconduct;
- Compliance and Defense of Occupational Safety & Health Administration (OSHA) enforcement actions and providing analysis concerning risk abatement and responses to OSHA inspections.
- Negotiations of professional employment contracts;
- Review and analysis of non-compete agreements.