A Capehart Scatchard Blog

Ralph R. Smith, III

Ralph R. Smith, III

Mr. Smith is Co-Chair of Capehart Scatchard's Labor & Employment Group. He practices in employment litigation and preventative employment practices, including counseling employers on the creation of employment policies, non-compete and trade secret agreements, and training employers to avoid employment-related litigation. He represents both companies and individuals in related complex commercial litigation before federal states courts and administrative agencies in labor and employment cases including race, gender, age, national origin, disability and workplace harassment and discrimination matters, wage-and-hour disputes, restrictive covenants, grievances, arbitrations, drug testing, and employment related contract issues.

Love is in the Air, But Should It Be in the Workplace?

By on February 14, 2018 in Policy with 0 Comments

Happy Valentine’s Day! In the spirit of today’s holiday, a question that I frequently receive in my practice is: should a company implement any sort of dating policy for employees, or even go so far as to actually ban such relationships totally among its employees? As hard as it might be to believe, it was […]

Share

Continue Reading »

CEPA Found Not to Apply to Volunteer Firefighter

By on September 19, 2017 in Policy with 0 Comments

As many employers already know, New Jersey has one of the broadest whistleblower protection laws in the United States.  In the past, the Conscientious Employee Protection Act (“CEPA”) has been expansively interpreted to provide wide ranging protections to not only employees who engage in whistleblowing activities but also independent contractors, who while technically not employees, […]

Share

Continue Reading »

A Lesson From France

By on July 6, 2017 in Policy with 0 Comments

You own a thriving business and supply i-Phones and other computer related technologies to keep your employees connected to your office even after normal business hours. It is Saturday night, and you need an urgent answer to a pressing question. You email one of your low level production managers.  He hears the “bing’ on his […]

Share

Continue Reading »

Employment and the Use of Medical Marijuana

By on April 19, 2017 in Court Rulings with 0 Comments

New Jersey’s medical marijuana program went into effect in 2007.  Since that time, more than 11,000 persons have been issued ID cards under The Compassionate Use Medical Marijuana Act (“Act’) permitting them to use medicinal marijuana and to obtain the drug at one of the state’s five (5) marijuana dispensaries. One of the issues that […]

Share

Continue Reading »

Third Circuit Clarifies Standard for Establishing Age Discrimination Claims

By on February 15, 2017 in Court Rulings with 0 Comments

The Age Discrimination in Employment Act (“ADEA”) is a federal law that prohibits employment discrimination against employees over the age of 40.  One of the lingering questions under the law has been what happens when an employer adopts an employment policy that, while seemingly benefiting a group of employees over 40 years old, also simultaneously […]

Share

Continue Reading »

Beware of Carelessly Drafted Employee Arbitration Agreements

By on October 26, 2016 in Arbitration with 0 Comments

Many employers today utilize employee arbitration agreements as a means of eliminating potential court litigation. In place of pursuing legal claims in a judicial forum, the arbitration agreement substitutes a private resolution mechanism, such as utilization of an arbitrator, to resolve employee legal grievances. Arbitration agreements are an effective way of keeping employee disputes outside […]

Share

Continue Reading »

OSHA’s New Regulations and Its Restrictions on Post Accident Drug Testing

By on August 16, 2016 in OSHA with 0 Comments

Does your organization require employees to undergo drug and alcohol testing automatically in every instance where there has been a workplace accident?  If so, new regulations from the Occupational Safety and Health Administration (“OSHA”) will greatly impact upon the continuation of such practices in your workplace. In May, 2016, OSHA published regulations that ostensibly are […]

Share

Continue Reading »

Divorcing Employees Deemed Member of Protected Class under the NJLAD

By on July 1, 2016 in Court Rulings with 0 Comments

One aspect of the broad anti-discrimination protections afforded to employees under the New Jersey Law Against Discrimination (“NJLAD”) that is often overlooked involves the law’s prohibition on any type of workplace discrimination based upon an employee’s “marital status”.  The NJLAD does not define specifically what “marital status” actually means, but it has generally been understood […]

Share

Continue Reading »

NLRB Strikes Again!

By on January 8, 2016 in Uncategorized with 0 Comments

As many of you know, the NLRB has been incredibly active over the past several years in getting its message across to employees that the NLRA protects their concerted workplace activities even where the employee does not work in an already unionized work setting.  Such efforts will likely continue, especially after a prominent federal circuit […]

Share

Continue Reading »

Top