A Capehart Scatchard Blog

Carmen Saginario Jr., Esq

Carmen Saginario Jr., Esq

Carmen Saginario Jr., Esq. is Co-Chair of Capehart Scatchard’s Labor & Employment Group. Mr. Saginario focuses his practice on employment litigation and counseling. He regularly counsels clients on litigation avoidance, personnel policies and procedures including those associated with the Americans with Disabilities Act, Family and Medical Leave Act and Fair Labor Standards Act, employment discipline, layoffs and other terminations. Mr. Saginario directs and participates in internal investigations involving claims of harassment, policy violations, ethics and other employment issues. He also appears on behalf of private and public sector clients before the judiciary as well as State and Federal administrative agencies (EEOC, N.J. Division on Civil Rights, etc.). Mr. Saginario is also experienced in representing clients before arbitrators and mediators. He has negotiated numerous public collective negotiations agreements (e.g., law enforcement, public works, etc.). Mr. Saginario has been certified by the National Football League Players Association (NFLPA) as a Contract Advisor (player agent).

Mr. Saginario also regularly represents clients in administrative and complex civil litigation matters and also supervises Capehart Scatchard’s Corporate Compliance Group which counsels and assists public and private sector entities on establishing and implementing legal and ethics compliance programs.

Mr. Saginario serves as counsel for governmental and other entities (including counties, municipalities, school boards, and fire districts) and individuals with respect to laws governing public entities, as well as educational, procurement, environmental, transportation, and public safety issues.

Mr. Saginario served as a Deputy Attorney General for the State of New Jersey and Assistant Counsel to Governor Thomas H. Kean, and currently serves as Vice Chair and Director of Administration for the Cinnaminson Sewerage Authority.

Harassment: To Report or Not to Report? That is the Question!

By on August 14, 2018 in Policy with 0 Comments

“The answer is not that simple,” suggested the Third Circuit Court of Appeals in a recent case in which a former employee for the Susquehanna Department of Veterans Affairs who did not follow the employer’s policy sued her employer, claiming her supervisor kissed her and made sexual advances toward her (Minarsky v. Susquehanna County, 895 […]

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What Summer HR Projects Do You Have Planned?

By on June 27, 2018 in Uncategorized with 0 Comments

Now that the warm weather is upon us and things are “slowing down” due to vacations, it’s a good time to sit back with a cool drink and carefully evaluate whether our HR practices are “up to snuff.”  If the answer to any of the following questions is “no,” your company may be risking costly […]

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Breastfeeding and Expressing Milk at Work: New Protections Under NJ Law

By on February 1, 2018 in Employee Rights with 0 Comments

Most employers are aware that they cannot discriminate against an employee on the basis of pregnancy.  But what about the mother who returns from leave after having a child and continues to breastfeed and express milk? As of January 8, 2018, those mothers are now “protected” against discrimination in the workplace under a new law […]

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Does Transferring a “Disabled” Employee to Another Job Violate the N.J. Law Against Discrimination?

By on December 12, 2017 in Discrimination with 0 Comments

Answer: “Not necessarily,” said two Appellate Judges in Brancaccio v. City of Hackensack issued on December 5, 2017. So What was the Claim? Bryan Brancaccio, a full-time firefighter in Hackensack, was originally assigned to work “platoon work” where he responded to scenes of fires wearing fire equipment and performed the tasks necessary to extinguish fires. […]

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Is Your Employee Really a Whistleblower?

By on September 26, 2017 in Employee Rights with 0 Comments

By now, most employers are familiar with New Jersey’s Conscientious Employee Protection Act (CEPA) found at N.J.S.A. 34:19-1 which generally protects employees engaged in “whistleblowing activities” from adverse employment actions such as termination or demotion. However, not every complaint or concern about an employer’s conduct rises to the level of whistleblowing under CEPA.  As a […]

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Does My Employee Have to Tell Me He has a Condition Triggering FMLA?

By on May 2, 2017 in FMLA with 0 Comments

The short answer is “NO.”  A recent Federal District Court decision suggests that employers are cautioned to “pay attention to” and ask questions about any mention by an employee of a serious health condition before they make the decision to take any negative employment action (firing, demoting, suspending, etc.) The Result: A Federal Court in […]

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New Federal Overtime Rule On Hold: “What Do We Do Now?”

By on November 28, 2016 in Policy with 0 Comments

New employee overtime rules slated to take effect on December 1, 2016, have been placed on a nationwide temporary “hold” pending a final Court hearing on the matter. The new Fair Labor Standards Act regulation, which would have doubled the minimum salary threshold for those not eligible for overtime pay, has been delayed by a […]

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Discipline and the FMLA

By on January 28, 2016 in Discipline with 0 Comments

“Can I discipline an employee who takes FMLA?” By now, most employers with 50 or more employees are well aware that the Federal Family Medical Leave Act requires them to provide up to 12 weeks of unpaid, job-protected leave to eligible employees who have a serious health condition that renders the employee unable to perform […]

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