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Employment

  • Strategic counseling to public and private sector employers on compliance with federal and New Jersey employment laws, workplace policies, employee relations, hiring and termination practices, wage and hour requirements, and risk management
  • Employment, executive compensation, and separation agreements, restrictive covenants, employee handbooks, workplace investigations, audits, and training programs
  • Litigation and administrative proceedings involving discrimination, harassment, retaliation, whistleblower, wage and hour, worker misclassification, restrictive covenant, and other workplace disputes

Greenbaum provides proactive, strategic, and results-oriented employment law support to clients in both the private and public sectors. Our team offers sophisticated and cost-effective employment law counseling on a wide range of issues including state and federal compliance, and representation in litigation, with a primary focus on the representation of management.

The complexities of the employer-employee relationship require not only a deep knowledge of the law but also a practical, business-focused approach. We help our clients navigate the full spectrum of employment challenges, from establishing a legally compliant workplace to managing day-to-day issues to defending their business interests in high-stakes litigation.

The attorneys on our employment law team provide guidance and representation on employment-related matters at both the federal and state levels, including those arising under these laws and regulations:

  • New Jersey Law Against Discrimination (NJLAD)
  • Conscientious Employee Protection Act (CEPA)
  • Title VII of the Civil Rights Act of 1964
  • Federal and New Jersey Family Leave Acts (FMLA and NJFLA)
  • Americans With Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Employee Retirement Income Security Act (ERISA)
  • Fair Labor Standards Act (FLSA)
  • Consolidated Omnibus Budget Reconciliation Act (COBRA)
  • New Jersey Wage and Hour Laws and Regulations
  • Federal Worker Adjustment and Retraining Notification Act (WARN) and Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN)

Representative Matters

  • Successfully defended a public university in a whistleblower retaliation action under the New Jersey CEPA, securing dismissal of all claims with prejudice at summary judgment. The plaintiff’s appeal in this matter was denied. 
  • Successfully defended a large public entity and individual employees in multiple employment actions alleging discrimination, harassment, and retaliation under the NJLAD and CEPA, obtaining dismissal with prejudice at summary judgment following extensive discovery and motion practice.  The plaintiff’s appeal in this matter was denied.
  • Defended a North American energy infrastructure company in state court litigation alleging CEPA retaliation arising from a contractor’s work on a New Jersey pipeline project. Following discovery, the plaintiff abandoned all claims, and the matter concluded without further proceedings.
  • Successfully defended a state corrections agency and its former commissioner against age and disability discrimination claims under NJLAD, securing summary judgment on all counts and affirmance on appeal, eliminating exposure exceeding $2 million.
  • Defending a large public entity against NJLAD and CEPA, and New Jersey Civil Rights Act claims, successfully narrowing the case at the outset through targeted motion practice while managing sensitive discovery, document production, and e-discovery vendor coordination.  
  • Assisted in the defense of a large public entity in federal employment litigation asserting constitutional and statutory claims, including alleged violations of the NJLAD, the Equal Protection Clause, and the New Jersey Civil Rights Act. The matter involved multi-forum motion practice, federal discovery and pretrial proceedings, a remand to state court, and dispositive briefing, and ultimately resolved without trial.
  • Represented a New Jersey healthcare system in defense of fraud, breach of contract, age discrimination, and CEPA retaliation claims brought by three physicians and their surgical group seeking more than $9 million.
  • Represented a public entity as defense trial counsel in a New Jersey Superior Court NJLAD and CEPA action tried to verdict during a four-week trial, obtaining favorable rulings that narrowed compensatory damages, eliminated punitive damages exposure, and excluded prejudicial evidence prior to verdict, significantly reducing overall risk.
  • Successfully defended a public entity and public officials in a high-profile NJLAD challenge to enacted legislation, securing dismissal of all race and gender discrimination claims and eliminating exposure exceeding $5 million. The court affirmed the legislature’s plenary authority and rejected plaintiffs’ core legal theory; the decision was not appealed.
  • Representing a state law enforcement agency and senior leadership in multiple companion civil rights actions, obtaining partial dismissals across four matters that significantly narrowed statutory claims and limited individual liability, reducing exposure in litigation exceeding $15 million
  • Obtained summary judgment in the U.S. District Court for the District of New Jersey on behalf of a state judicial agency, defeating federal civil rights and NJLAD disparate treatment and disparate impact claims asserted by employees, resulting in dismissal of all claims without appeal.
  • Successfully defended multiple large, multi-disciplinary employers in four NJLAD and CEPA actions, securing summary judgment in each case and eliminating claims seeking more than $1 million in alleged damages per matter.
  • Successfully defended Protection Technologies, LLC, an electronic security solutions provider, against NJLAD and CEPA claims brought by a former senior executive, defeating an early declaratory judgment challenge to restrictive covenants, obtaining dismissal of multiple discrimination and retaliation claims, quashing overbroad subpoenas, and resolving the matter on highly favorable terms following mediation.
  • Obtained dismissal at the pleading stage of a NJLAD sexual harassment lawsuit against a state judicial agency, where the court held the plaintiff could not establish an employment relationship with the state, resulting in complete dismissal of claims exceeding $1 million.
  • Secured summary judgment for a state law enforcement agency in a CEPA whistleblower action following extensive discovery, based on the plaintiff’s failure to meet the statutory burden, eliminating exposure exceeding $1 million.
  • Representing a public university in high-stakes employment litigation alleging discrimination, defamation, due process violations, malicious prosecution, and intentional infliction of emotional distress arising from termination proceedings, securing summary judgment on all claims and defending the judgment on appeal in a matter with demands exceeding $10 million.
  • Represented Rutgers University and its employees in state and federal employment litigation, including claims under CEPA, NJLAD, Title VII, Section 1983, and the ADA, involving allegations of wrongful termination, discrimination, retaliation, and hostile work environment, achieving dismissals, summary judgment, and favorable settlements.
  • Represented the State of New Jersey and individual defendants in employment and constitutional litigation asserting claims under CEPA and NJLAD, and the New Jersey Constitution.
  • Represented a private employer in the appeal of a significant jury verdict arising from NJLAD claims involving hostile work environment, discrimination, retaliation, and failure to promote.
  • Defended a technology company in employment litigation brought by a former senior executive asserting claims under NJLAD and CEPA and seeking declaratory relief concerning restrictive covenants, securing dismissal of multiple claims, denial of declaratory relief, quashing of overbroad subpoenas, and a favorable settlement following mediation.
  • Serve as ongoing employment counsel to a global manufacturer of high-performance magnetic products, advising on terminations, discipline, leave and disability issues, employee handbooks, and the drafting and enforcement of confidentiality and restrictive covenant agreements.
  • Provides ongoing employment and compliance counsel to New Jersey REALTORS, advising on personnel matters, employment policies, and regulatory guidance to members, including application of the ABC test for independent contractors and pandemic-related compliance obligations.
  • Defended a research company and its owners and managers in employment litigation asserting CEPA whistleblower claims, sexual harassment, discrimination, retaliation, and wage and hour violations, resolving the matter on favorable terms that protected the company’s industry reputation.  
  • Represented a New Jersey state law enforcement agency in sexual harassment and hostile work environment claims under the NJLAD, resolving the matter on favorable terms following discovery and deposition proceedings.
  • Represented a remodeling company in disability discrimination and retaliation claims under the NJLAD, achieving a favorable settlement after discovery demonstrated that no reasonable accommodations were feasible. 

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