A Capehart Scatchard Blog

Ralph R. Smith, III, Esq.

Ralph R. Smith, III, Esq.

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.

Vaccines and the Workplace

By on September 2, 2020 in Employee Rights with 0 Comments

Anyone watching the news today has seen report after report about a possible vaccine for the coronavirus and the speedy progress being made towards its development.  This vaccine is hoped by many to be the cure all to allow the world to go back to some semblance of the normalcy that existed before the commencement […]

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Is the Government Travel Advisory an Enforceable Order?

By on August 5, 2020 in Policy with 0 Comments

As most of us know, the Governors of New Jersey, New York, and Connecticut have issued a “travel advisory” indicating that those who travel from certain states must quarantine for a period of 14-days after the last contact with those states. Is this “advisory” an enforceable order? Well, this topic is becoming one of the […]

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EEOC Clarifies Allowable COVID 19 Testing For Employees

By on July 1, 2020 in Policy with 0 Comments

Over the last several months, the Equal Employment Opportunity Commission (“EEOC”) has continued to refine its past issued Guidances on what employers can do to safeguard employees from COVID-19 workplace exposure. One such measure that employers can utilize is mandating that all employees be tested for COVID-19.  But previously the EEOC never said what type of testing […]

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COVID-19 and The High Risk Employee

By on May 27, 2020 in Other with 0 Comments

With businesses reopening thanks to modifications of state stay at home orders, employers are beginning to contemplate what their new work environments will look like when employees return. Over the past several months, the Equal Employment Opportunity Commission (‘EEOC”) has provided guidance to employers regarding the ways that a company can safeguard its workplace in […]

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EEOC Updates Guidance On COVID-19 Workplace Prevention

By on May 1, 2020 in ADA with 0 Comments

Last month, I wrote an article outlining the steps that employers may take to guard against coronavirus in their workplace. Thanks to a recent Guidance issued by the Equal Employment Opportunity Commission (“EEOC”), employers were able to implement several steps, such as taking employee temperatures and insisting that employees stay home if sick, to prevent COVID 19 […]

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Are You Ready: A Summary of Federal COVID-19 Leave Laws

By on April 1, 2020 in Legislation with 0 Comments

Co-Authored by: Lara Ruggerio, Esq. As of today, April 1, 2020, employers must now comply with the two new federal leave laws recently passed to deal with employee work absences resulting from the COVID 19 crisis. These laws, the Paid Emergency Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, impose new […]

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COVID-19: What Can An Employer Do?

By on March 26, 2020 in ADA with 0 Comments

As many businesses are temporarily shutting down due to Governor Murphy’s closure order here in New Jersey, what can those other employers do who remain open to help safeguard against COVID-19 infestation of its workplace. Well, the answer might surprise you thanks to a recent guidance from the Equal Employment Opportunity Commission (“EEOC”). Under this […]

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Be Warned About NJ WARN

By on March 4, 2020 in Uncategorized with 0 Comments

Employers already know that, anytime a mass layoff or plant closing is contemplated, there are significant federal and New Jersey state law notice requirements. This past January, 2020, Governor Murphy signed into law a radical legislative amendment to the New Jersey WARN Law (known officially as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) […]

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US Department of Labor Announces New Overtime Rules

By on October 1, 2019 in Legislation with 0 Comments

Just a few years ago, employers were preparing to follow what were to become new overtime rules that were going into effect near the end of the Obama administration.  Those rules were sidetracked by an unexpected court ruling that struck the new rules down and declared them to be unenforceable. Since that time, employers have […]

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New Jersey’s Groundbreaking New Wage Anti-Theft Law

By on August 28, 2019 in Legislation, Policy with 0 Comments

In the past, employees who believed that they were not properly paid in line with minimum wage and overtime pay requirements under New Jersey’s wage payment law could either bring a lawsuit in state court or file an administrative claim with the New Jersey Department of Labor to recoup unpaid wages. Many politicians and leading […]

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