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.
Third Circuit Clarifies Standard for Establishing Age Discrimination Claims
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 […]
Beware of Carelessly Drafted Employee Arbitration Agreements
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 […]
OSHA’s New Regulations and Its Restrictions on Post Accident Drug Testing
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 […]
Divorcing Employees Deemed Member of Protected Class under the NJLAD
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 […]
NLRB Strikes Again!
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 […]
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