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.

New Jersey Issues Employer Vaccine Guidelines

By on May 5, 2021 in Policy with 0 Comments

With the increased availability of COVID-19 vaccines in New Jersey, the state Department of Health (“DOH”) recently issued Guidelines allowing employers to mandate COVID-19 vaccinations for its employees. Nonetheless, even in the face of such state Guidelines, employers should still proceed cautiously in implementing such vaccine mandates for employees given the mere emergency use authorization granted to […]

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LAD Arbitration Limitation Struck Down By Federal Court

By on April 7, 2021 in Arbitration with 0 Comments

In 2019, when the New Jersey Law Against Discrimination (“LAD”) was amended at the height of the “Me Too” movement, one change made was adding a provision that precluded an employer from requiring an employee to waive their right under the LAD to a jury trial.  Most employment law practitioners understood that this provision was […]

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Legal Marijuana and New Jersey Employee Rights

By on February 25, 2021 in Employee Rights with 0 Comments

On February 22, 2021, Governor Murphy finally signed three bills into law that effectively lay the ground work for legalized use of recreational marijuana in New Jersey.  While it could be some time before widespread legalized marijuana is available for purchase as the state establishes the needed infrastructure for the sale of the drug through […]

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COVID-19 and the Holidays

By on November 25, 2020 in Other with 0 Comments

As I am writing this article, it is the eve of what will likely be one of the most unique Thanksgiving holidays that any of us have experienced in our lifetimes, thanks to COVID-19. The Centers for Disease Control (“CDC”) has already issued directives that persons should not travel during the upcoming holiday season, and […]

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COVID-19 and New Disability Obligations

By on October 28, 2020 in Policy with 0 Comments

In this space, I have written a couple articles on the need for employers to be aware of accommodation obligations under federal and state disability laws for those employees who are high risk for either COVID-19 exposure or more serious health problems from COVID-19.  I want to focus today on a different aspect of the […]

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A Refresher on Handling Reasonable Accommodations

By on September 30, 2020 in Policy with 0 Comments

In this current age of COVID-19, employers are seeing more and more requests from employees seeking a workplace reasonable accommodation. Some of these requests emanate from the employee’s own health condition that increases risks for COVID-19 complications. On the other hand, some employees are seeking to avoid coming into work because close family members have […]

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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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