A Capehart Scatchard Blog

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 Enacts Stringent Employer Monitoring Device Law

By on May 2, 2022 in Privacy with 0 Comments

On April 19, 2022, a new law went into effect in New Jersey that is designed to further protect employee privacy in the workplace. Under the new law, employers cannot utilize tracking or electronic communications devices in any vehicle used by an employee unless they first provide written notice to the employee. There are exceptions […]

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Congress Passes Groundbreaking Bill Restricting Mandatory Arbitration in Sexual Harassment Cases

By on February 25, 2022 in Employee Rights with 0 Comments

A few weeks ago, Congress passed a groundbreaking bipartisan bill that greatly restricts when employers can enforce pre-dispute arbitration agreements regarding workplace sexual assault and harassment claims. The bill is expected to be signed into law by President Biden in the very near future. Inspired by the #MeToo movement, The Ending Forced Arbitration of Sexual […]

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OSHA-What’s Next On COVID-19 Vaccinations?

By on January 31, 2022 in OSHA with 0 Comments

We all know that thanks to the United States Supreme Court’s recent decision invalidating the COVID-19 vaccination mandate for large employers previously issued by the Occupational Health and Safety Administration (“OSHA”) that employers with 100 or more employees no longer need to require employee vaccinations. But what is next for OSHA in this area in […]

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5 New Year’s Resolutions For Your Workplace In 2022

By on December 21, 2021 in The Basics with 0 Comments

With 2022 around the corner, employers are presented with a wonderful opportunity to review internal policies/procedures and hopefully help avoid future workplace legal problems.  Here are five suggested New Year’s Workplace Resolutions for 2022. When was the last time your employee handbook was reviewed and updated?  Policies and procedures need to be revised periodically to […]

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Amended NJLAD Offers Greater Protections to Older Workers

By on November 3, 2021 in Policy with 0 Comments

On October 5, 2021, Governor Phil Murphy signed a new law that greatly expands the protections afforded to older workers under the New Jersey Law Against Discrimination (“NJLAD”) These Amendments took effect immediately, meaning older workers are now already afforded these enhanced protections against workplace discrimination. As a result, employers today must promptly reevaluate both […]

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Biden’s Vaccination Mandate

By on October 7, 2021 in Policy with 0 Comments

In my practice, I am already receiving multiple questions about President Biden’s September 9, 2021 directive requiring that companies with 100 or more employees mandate vaccinations for all work staff or alternatively conduct weekly COVID-19 testing.  Many of my employer clients want to know more about these requirements, in particular, whether they should already be […]

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The Legality of COVID-19 Employee Vaccinations Mandates

By on September 2, 2021 in Policy with 0 Comments

With the Pfizer COVID-19 Vaccine recently receiving full Food and Drug Administration (“FDA”) approval, the question on many employer’s minds is whether legally employers can now mandate employee vaccinations for COVID-19 as a condition of employment.  Even before this recent approval of the Pfizer Vaccine, many employers had already decided to require vaccinations (or alternatively […]

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Employee Disclosure of COVID-19 Vaccinations

By on June 16, 2021 in Policy with 0 Comments

With more and more businesses taking the first steps to reopen as the pandemic begins to wane, I have been getting this question from more and more of my clients: Can we ask our employees to provide proof that they have been vaccinated against COVID-19?  The answer is that an employer may indeed ask that […]

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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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