Ralph R. Smith, III, Esq.
Ralph R. Smith, III, Esq. 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.
Mr. Smith also counsels health care clients in reviewing employment contracts, negotiating restrictive covenants and handling actions related to the enforcement of noncompete provisions against physicians and other health care professionals.
COVID-19: What Can An Employer Do?
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 […]
Be Warned About NJ WARN
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”) […]
US Department of Labor Announces New Overtime Rules
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 […]
New Jersey’s Groundbreaking New Wage Anti-Theft Law
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 […]
NJ Appellate Court Weighs in On Medical Marijuana Use and The Workplace
Recently, I have been getting more and more questions in my counseling practice regarding what employers must do when an employee or prospective employee advises that he/she is a medical marijuana user. Unfortunately, there is a dearth of legal authority that a lawyer can presently consider in providing advice on this topic. While New Jersey’s […]
Significant Changes Made to New Jersey’s Leave Laws
Governor Murphy ran on an election platform promising a number of pro employee changes to New Jersey’s employment laws. As employers already know, one such change was the passage of New Jersey’s Paid Sick Time Law that went into effect in late October 2018. Continuing that trend, additional legislation was passed and signed into law […]
New Jersey Governor Signs New Minimum Wage Law
One of Governor Murphy’s key electoral platforms during his gubernatorial campaign was his goal to increase New Jersey’s minimum wage. That electoral promise became a reality just a few short weeks ago. On February 4, 2019, Governor Murphy officially signed into law the New Jersey Minimum Wage Bill. The law will ultimately increase the minimum […]
To Extend (or Not Extend) an ADA Leave of Absence: That is the Question
One of the more difficult questions that perplex employers is: When can a leave of absence that has been granted as a form of disability accommodation under the Americans with Disabilities Act (“ADA”) be ended when there are no prospects that the employee will be returning to work in the near future? I get this […]
Tattoos at Work: What’s an Employer to Do?
For many rock and roll fans, the Rolling Stones are considered the greatest band in music history. I was recently listening to the Stone’s iconic album, “Tattoo You”, and it made me think about a legal question that I often get from employers. At this point, you might be wondering how can that be, but […]
One Toke Over the Legal Line Can Result in Employee Firing
Ever since New Jersey’s Compassionate Use Medical Marijuana Act was passed in 2010, one of the issues that employers have wondered about is whether an employee who used medical marijuana could be terminated for violating an employer’s drug and alcohol testing policy. That question has been the subject of many court decisions throughout the country […]
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