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We value our close working relationship with clients and the trust they place in us to address and resolve complicated and often sensitive employment issues. Our attorneys provide preventive counseling and guidance to both large and small employers on a wide range of compliance issues and evolving statutory and common law requirements. This includes those related to wrongful discharge, discrimination, retaliation, sexual and other forms of harassment, family and medical leaves of absence, disability, substance abuse, wage and hour, and restrictive covenant trade secret and other related issues.

When disputes arise, we stand ready as our attorneys are experienced litigators. We appear regularly in state and federal courts and before administrative agencies such as the United States Equal Employment Opportunity Commission, the United States and State Departments of Labor, the New Jersey Division on Civil Rights, and the New York State Division of Human Rights. Many of our attorneys have been members in the prestigious Sidney Reitman Employment Law Inn of Court, the first Inn of Court in the nation to exclusively focus on labor and employment issues.

From its inception, Cole Schotz has been known for its labor and employment law expertise. One of the firm's founders, David Cole, a noted labor arbitrator and mediator, served as Director of the Federal Mediation and Conciliation Service, and counseled every U.S. President from Harry S. Truman to Gerald R. Ford in national labor crises. We continue that fine tradition today.

Our employment attorneys are involved in, among other things:
  • Employment litigation defense
  • Complex litigation, such as class and collective actions and multi-party suits
  • Representation before administrative and collective agencies
  • Negotiation of separation/severance packages
  • Preparation of employment contracts, including restrictive covenants and nondisclosure agreements 
  • Preparation and review of employee manuals and employment policies
  • Counseling with regard to personnel matters
  • Investigation of harassment complaints
  • Conducting training regarding sexual and other unlawful harassment
  • Restructuring, downsizing and other corporate transactions
  • OSHA compliance and other safety and health issues
  • Wage-hour and other labor standards issues

Representative Clients

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Employment Law Representative Matters

  • Cole Schotz often is on the cutting edge of employment litigation.  For example, the Employment Law Department handled what is believed to have been the largest wage and hour class action under the New Jersey wage and hour laws.  The suit, filed against Nestlé Waters North America in Superior Court, Hudson County, involved Poland Spring and approximately 600 of its New Jersey-based drivers who alleged entitlement to overtime.  The class action, which raised a number of novel employment law issues, was settled for approximately $5 million.
  • The Employment Law Department recently successfully represented the Vice Chairman of a Fortune 500 and S&P 500 company negotiating and protecting an eight figure retirement benefits package when the employer was looking to lay blame for its substantial subprime mortgage write offs.
  • Goya Foods, the nation’s largest Hispanic-owned food company, called on the Employment Law Department to defend it in a suit brought by Goya’s former Director of Marketing alleging national origin discrimination and breach of contract.  The suit involved eight lucrative severance agreements valued at approximately $4 million distributed by Goya’s former President and Chairman behind the back of the Board of Directors.  We obtained the dismissal of the discrimination claim prior to trial.  With regard to the severance agreements, after a two-week trial, the jury returned a verdict in Goya’s favor, finding the agreements unenforceable.
  • The Employment Law Department successfully enforced a financial services company’s restrictive covenant against a departing employee who stole a substantial piece of business from our client in violation of his contractual obligations.  Within months of filing the Complaint, Cole Schotz secured a settlement with the former employee and his new company pursuant to which our client recovered nearly all of the profits it lost on the stolen project.
  • Cole Schotz successfully obtained the dismissal of a child care service provider’s lawsuit filed in the Superior Court of New Jersey, alleging retaliation under the New Jersey Conscientious Employee Protection Act, wage and hour violations, breach of contract, and violations of the New Jersey Constitution.  The dismissal at such an early stage in litigation not only did away with any potential liability, but also saved the company substantial attorneys’ fees and costs.
  • Cole Schotz represented EmpireCLS Worldwide Chauffeured Services, one of the nation’s largest chauffeured limousine companies, in two purported wage and hour class actions.  In the first case lodged against Empire in California State court, the plaintiff limousine driver alleged that the company failed to pay drivers overtime compensation and failed to properly compensate the drivers for rest and meal periods.  As lead counsel, Cole Schotz successfully convinced the court that the matter was inappropriate for class treatment and, following the court’s denial of class action certification, the firm was able to dispose of the case on extremely favorable terms.
  • In the second wage and hour class action brought against the company, also in California, the plaintiff drivers asserted claims for unpaid wages and overtime.  In this case, Cole Schotz was able to settle the matter favorably without the court ever deciding the issue of class certification.  Cole Schotz saved the company from potential exposure for unpaid wages to present and former employees, as well as attorneys' fees and costs.
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The Defend Trade Secrets Act of 2016

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U.S. Women's Soccer Team Joins the Fight for Equal Pay

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March 2016 Newsletter

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United States Supreme Court Upholds the Affordable Care Act Subsidies

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The Affordable Care Act Part Two - Preparing for 2015

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Paid Sick Leave Continues to Gain Traction in New Jersey

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The Affordable Care Act - Where Are We Now?

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OSHA Issues Final Rules On Reporting Injuries In The Workplace

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City of Passaic Latest to Pass Paid Sick Leave Policy

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New Jersey's Ban the Box Legislation Signed Into Law

Employment Law Monitor August 20, 2014

The Absolute Pollution Exclusion May Not Be That Absolute

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New York Votes to Protect Unpaid Interns from Discrimination

Employment Law Monitor April 16, 2014

New York City Pregnancy Discrimination Law Update

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New Jersey Social Media Privacy Bill Signed Into Law

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Employers Should be Aware of Updated I-9 Form

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Who is a Large Employer Under Obamacare?

Employment Law Monitor May 9, 2013

Preparing for the Employer Mandate

Employment Law Monitor May 9, 2013

New York City Prohibits Discrimination Against The Unemployed

Employment Law Monitor March 22nd, 2013

Employers Need Not Yet Post New Jersey Gender Equity Notices

Employment Law Monitor December 12, 2012

It's Time For Employers To Update Their FCRA Forms

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Class Actions and the FLSA

New Jersey Law Journal May 28, 2012

Why "Card Check" Has Not Completely Checked Out

Hotel Business Review September, 2011

Withdrawing From Multiemployer Defined Benefit Claims

Law360 July 25, 2011

ADR in Employment Cases: Choosing the Right Arbiter

New Jersey Law Journal March 28, 2011

The ICE Fines Cometh

Law 360 January 5, 2011

Stop Workplace Violence Before It Happens

New Jersey Law Journal December 6, 2010

Mediating Employment Law Claims

Law 360 August 24, 2010

I'm Late, I'm Late for a Very Important Date

New Jersey Law Journal April 13, 2009

OSHA Basics: FAQs For Your Clients

NJEsq March 30, 2009

Answering Frequently Asked Questions About OSHA

Cleaning & Restoration March 2009

The Compelling Case of Self-Publication Defamation

New Jersey Law Journal A successfully prosecuted claim could lead to a significant damage award. January 1, 2009

The Impact of the Digital Age

New Jersey Law Journal December 8, 2008

Employee Handbooks: Doing It the "Write" Way

New Jersey Business November 2008

Employment Alert

Fall 2008

Employment Alert

Spring 2008

Accommodating Religious Beliefs in the Workplace

New Jersey Law Journal March 17, 2008

Employment Alert

Fall 2007

Keeping the Lid on Jury Verdicts

New Jersey Law Journal How to reduce the risk of runaway juries in employment cases April 2, 2007

Stereotyping Parent Employees

New Jersey Law Journal The increasing emergence of family responsibilities discrimination claims April 9, 2007

Employment Alert

Spring 2007

What Every Business Owner Needs to Know About OSHA

A Cole Schotz Publication March 1, 2007

Layoffs for Economic Reasons Justified

New Jersey Law Journal Adverse economic conditions may constitute 'just cause' to terminate an employee May 1, 2006

Returning from War

New Jersey Law Journal Rights of military personnel upon re-employment in the civilian sector April 10, 2006

Poor Employee Hiring and Retention Decisions Could Have Deadly Consequences

New Jersey Law Journal Cullen nurse case in Somerset County highlights the importance of pre-employment inquiries and the provision of job references April 19, 2004

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Cole Schotz Docket An Entity Can Be Considered a Joint Employer of its Subcontractor’s Employees Spring 2004

OSHA Inspections Not Just a Cost of Doing Business

New Jersey Law Journal Employees can use findings reached in a governmental investigation to circumvent the Workers' Compensation bar July 16, 2002

Reconciling Federal and State Family Leave Laws

New Jersey Lawyer The Law and More December 3, 2001

How To Navigate OSHA's Safe Harbor

New Jersey Law Journal A new policy helps employers around the shoals of voluntary safety and health audits - but it's not all clear sailing October 2, 2000

New York State Increases Minimum Wage

Employment Law Monitor

NYC Pay History Ban: Combating Wage Disparity

Employment Law April 7, 2017

The Defend Trade Secrets Act of 2016

Employment Law June 16, 2016

U.S. Women's Soccer Team Joins the Fight for Equal Pay

Employment Law Monitor March 31, 2016

March 2016 Newsletter

Cole Schotz News March 2016

Most NYC Employers Required to Provide Transit Benefits in 2016

Employment Law Monitor October 15, 2015

United States Supreme Court Upholds the Affordable Care Act Subsidies

Employment Policies and Practices June 26, 2015

There is Still No Such Thing as a Free Lunch

New Jersey Lawyer The Rise of Collective Action Claims for Wages by Unpaid Interns and Related Legislation December 1, 2014

The Affordable Care Act Part Two - Preparing for 2015

Employment Law Monitor November 25, 2014

Paid Sick Leave Continues to Gain Traction in New Jersey

Employment Law Monitor November 11, 2014

The Affordable Care Act - Where Are We Now?

Employment Law Monitor November 6, 2014

OSHA Issues Final Rules On Reporting Injuries In The Workplace

Environmental & Energy Law Monitor October 1, 2014

City of Passaic Latest to Pass Paid Sick Leave Policy

Employment Law Monitor September 5, 2014

New Jersey's Ban the Box Legislation Signed Into Law

Employment Law Monitor August 20, 2014

The Absolute Pollution Exclusion May Not Be That Absolute

Environmental & Energy Law Monitor August 20, 2014

New York Votes to Protect Unpaid Interns from Discrimination

Employment Law Monitor April 16, 2014

New York City Pregnancy Discrimination Law Update

Employment Law Monitor November 12, 2013

New Jersey Social Media Privacy Bill Signed Into Law

Employment Law Monitor September 4, 2013

Employers Should be Aware of Updated I-9 Form

Employment Law Monitor May 16, 2013

Who is a Large Employer Under Obamacare?

Employment Law Monitor May 9, 2013

Preparing for the Employer Mandate

Employment Law Monitor May 9, 2013

New York City Prohibits Discrimination Against The Unemployed

Employment Law Monitor March 22nd, 2013

Employers Need Not Yet Post New Jersey Gender Equity Notices

Employment Law Monitor December 12, 2012

It's Time For Employers To Update Their FCRA Forms

Employment Law Monitor December 12, 2012

Class Actions and the FLSA

New Jersey Law Journal May 28, 2012

Why "Card Check" Has Not Completely Checked Out

Hotel Business Review September, 2011

Withdrawing From Multiemployer Defined Benefit Claims

Law360 July 25, 2011

ADR in Employment Cases: Choosing the Right Arbiter

New Jersey Law Journal March 28, 2011

The ICE Fines Cometh

Law 360 January 5, 2011

Stop Workplace Violence Before It Happens

New Jersey Law Journal December 6, 2010

Mediating Employment Law Claims

Law 360 August 24, 2010

I'm Late, I'm Late for a Very Important Date

New Jersey Law Journal April 13, 2009

OSHA Basics: FAQs For Your Clients

NJEsq March 30, 2009

Answering Frequently Asked Questions About OSHA

Cleaning & Restoration March 2009

The Compelling Case of Self-Publication Defamation

New Jersey Law Journal A successfully prosecuted claim could lead to a significant damage award. January 1, 2009

The Impact of the Digital Age

New Jersey Law Journal December 8, 2008

Employee Handbooks: Doing It the "Write" Way

New Jersey Business November 2008

Employment Alert

Fall 2008

Employment Alert

Spring 2008

Accommodating Religious Beliefs in the Workplace

New Jersey Law Journal March 17, 2008

Employment Alert

Fall 2007

Keeping the Lid on Jury Verdicts

New Jersey Law Journal How to reduce the risk of runaway juries in employment cases April 2, 2007

Stereotyping Parent Employees

New Jersey Law Journal The increasing emergence of family responsibilities discrimination claims April 9, 2007

Employment Alert

Spring 2007

What Every Business Owner Needs to Know About OSHA

A Cole Schotz Publication March 1, 2007

Layoffs for Economic Reasons Justified

New Jersey Law Journal Adverse economic conditions may constitute 'just cause' to terminate an employee May 1, 2006

Returning from War

New Jersey Law Journal Rights of military personnel upon re-employment in the civilian sector April 10, 2006

Poor Employee Hiring and Retention Decisions Could Have Deadly Consequences

New Jersey Law Journal Cullen nurse case in Somerset County highlights the importance of pre-employment inquiries and the provision of job references April 19, 2004

Do You Have More Employees Than You Thought?

Cole Schotz Docket An Entity Can Be Considered a Joint Employer of its Subcontractor’s Employees Spring 2004

OSHA Inspections Not Just a Cost of Doing Business

New Jersey Law Journal Employees can use findings reached in a governmental investigation to circumvent the Workers' Compensation bar July 16, 2002

Reconciling Federal and State Family Leave Laws

New Jersey Lawyer The Law and More December 3, 2001

How To Navigate OSHA's Safe Harbor

New Jersey Law Journal A new policy helps employers around the shoals of voluntary safety and health audits - but it's not all clear sailing October 2, 2000

New York State Increases Minimum Wage

Employment Law Monitor

 

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