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.

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

Top