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EMPLOYMENT AND LABOR LAW

Employees are both the bedrock of competitive advantage and the source of burgeoning claims against their employers. Saiber has particular strength in helping employers address the numerous facets of the employment relationship through preventive counseling and litigation. Our clients include companies large and small, national and multinational, private and public.

Employment Counseling
Avoiding costly employment litigation is our primary objective in advising clients. We audit, develop and update personnel policies and draft appropriate employee handbooks and then train clients to deal with sensitive workplace problems such as sexual harassment, substance abuse, and employee privacy, an area that now intersects with 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.

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, as well as through arbitration and mediation. The matters involve defense of discrimination claims based on race, creed, color, religion, national origin, ancestry, age, marital status, affectional or sexual orientation, 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 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 whistle blower claims, disputes over ERISA-governed benefit plans and stock option and severance disputes.

Labor Law
Our lawyers 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, 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 we are experienced in all aspects of legal proceedings in state and federal courts and administrative tribunals, relating to labor disputes.

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). We represent companies of all types and sizes in a wide range of industries.

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 on compliance with state and federal laws and regulations regarding workplace issues, including: union avoidance, wage and hour issues, employment discrimination, sexual harassment and interpretation of applicable employment statutes, including those arising under both federal and state law.

Saiber attorneys practicing in this area include: