Employment Law and Practices

Recognized and Endorsed by Many Carriers as Panel Counsel to Defend Professional Liability Claims

Peckar & Abramson’s national Employment Law and Practices Group is devoted exclusively to defending employment practice liability claims and directors and officers in errors and omissions claims.

And we deliver results – We Win!

Our clients respect the diligent, effective and strident defense of their interests that we regularly provide — and the Results we deliver — when Employment Practices or D&O claims arise.

Experience

In recognition of the depth of our Employment Law and Practices Group in insurance defense, numerous carriers have endorsed Peckar & Abramson as their select panel counsel to defend professional liability claims.  Our clients often insist to their insurance providers that P&A is preselected to serve as their defense counsel.

Panoramic View

Because we work closely with underwriters, adjusters, carrier representatives, risk managers, consultants, brokers and insureds, we are able to deliver effective claims management and risk control services to address claims quickly and cost effectively.  Our experience with this diverse clientele allows us to see every dispute with a 360-degree perspective.

We focus on the early evaluation of claims, and aggressively obtain mitigation information in order to swiftly and effectively assess liability. This allows us to develop strategies to make Alternative Dispute Resolution (ADR) procedures more effective and drive down the cost of traditional litigation.

Carrier Representation

Insurance carriers also call upon the skill of our Employment Law and Practices Group for mediation, arbitration and litigation in order to monitor outside counsel on a national level. We help ensure that claims are being pursued efficiently and cost-effectively. We also keep carriers apprised as to the status of claims and ensure that legal billing and reporting guidelines are being met.

Practice Audits

Our Employment Law and Practices Group draws upon its significant experience in offering both insureds and non-insureds comprehensive employment practice audits focusing on ways to minimize the risk of employment-related lawsuits; reduce employment-related costs; and improve productivity, efficiency, morale and retention. These legal compliance and litigation avoidance practices include strategic, preventative compliance advice to in-house counsel, human resources professionals and senior management.

Restrictive Covenants

Restrictive covenants, non-compete and non-solicitation agreements, and the pursuit and protection of confidential information are vital to any business.  Litigation concerning misappropriation of trade secrets and proprietary information makes up a large percentage of the lawsuits being filed in both state and federal courts.

Legal Compliance and Audits

Peckar & Abramson provides legal compliance and counseling services to clients on such employment issues as:

  • State, federal and local EEO laws
  • Class action and multi-employer wage and hour laws
  • Employee Retirement Insurance Act (ERISA)
  • State and federal posting requirements for anti-discriminatory harassment, minimum wages, child labor laws, unemployment and workers compensation notification
  • DOH, OIG, DOJ, OFCCP, OSHA and DOL
  • Statutory workplace training and investigation
  • Employee drug testing and pre- and post-employment screenings
  • Immigration and naturalization

Best Practices

Peckar & Abramson’s Employment Law and Practices Group understands the value of protectable interests. We offer clients a unique business best practices program that includes:

  • Preparing and reviewing restrictive covenant agreements
  • Preparing and reviewing employment contracts
  • Counsel and advice for the protection of proprietary information
  • Advice and counsel on electronically stored information
  • Retaining forensic examiners and specialists entrusted to safeguard confidential and proprietary information
  • Obtaining injunctions and other court ordered relief and remedies available under state, federal or common law
  • Preparing pre-dispute arbitration agreements

Advice & Counseling

Peckar & Abramson’s Employment Law and Practices Group provides valuable advice and counseling to clients on a wide variety of workplace matters with the goal of avoiding litigation and finding workable solutions to complex employment problems. We work to minimize your costs without compromising the quality of our representation.

When a dispute cannot be resolved between the parties, or when ADR is unsuccessful, our litigation attorneys are experienced trial counsel and routinely appear at the national level before administrative agencies, and in state and federal court as well as appellate courts.

Alternative Dispute Resolution in Employment

In response to increasing employment litigation, companies, courts, fair employment practice agencies and insurance carriers are increasingly turning to Alternative Dispute Resolution (ADR) as an alternative to litigation.

ADR, when implemented appropriately, is an effective tool for both management and employees. ADR, similar to litigation, requires a careful understanding of the facts in order for counsel to evaluate all of the legal issues, make recommendations and develop comprehensive strategies to reach an amicable resolution.

Peckar & Abramson’s Employment Law and Practices Group has significant national experience in dispute resolution to resolve cases efficiently and cost effectively, without compromising the interests of the company.

Structured ADR, whether it is mediation, arbitration or a hybrid of the two — and whether court ordered, contractual or through a third party neutral — requires experienced attorneys who know how to properly evaluate a case before litigation costs take over and make early resolution prospects less likely. At Peckar & Abramson, we strive to achieve a workable solution to your employment needs, which allows you to then focus on your business.

Management Litigation

Our Employment Law and Practices Group has successfully defended class action and other multi-plaintiff suits involving breach of contract, wrongful termination, sexual harassment, retaliation, failure to accommodate, whistleblowing, tortuous interference, age and other protected classifications under different statutes or common law principles.

Class Action and Multi-Employer Wage and Hour Litigation

Peckar & Abramson’s well-respected national wage and hour defense practice defends wage and hour class action lawsuits and investigations by the United States Department of Labor and other agencies. We also train companies in all facets of compliance audits, payroll practices and procedures as well as proper classification of employees.

Labor Management Relations

Peckar & Abramson’s Labor Law Group provides labor counseling to employers and assists management through aggressive response efforts to avoid labor disputes and promote effective employee-employer relations.

Whatever your industry, Peckar & Abramson is dedicated to meeting the legal needs of management by delivering results and excellent customer service. At Peckar & Abramson, personal attention to clients is prompt, responsive and efficient.

Representative Industries

We represent public, private and closely held companies and partnerships, for profit and nonprofit organizations, and franchisees, from the Fortune 100 to smaller and mid-size companies in diverse industries, including:

  • Healthcare (skilled nursing, independent and assisted living, CCRC’s, home health agencies and rehabilitation services)
  • Construction
  • Financial services
  • Property management
  • Insurance
  • Technology
  • Transportation
  • Building services
  • Hotel and Hospitality
  • Retail
  • Manufacturing
  • Pharmaceutical
  • Power and energy

We offer a variety of services including:

  • Day-to-day management counseling and advice
  • Management training seminars and workshops that keep management informed about changes in the complex landscape of employment law
  • Workplace investigation (sexual harassment, discrimination and retaliation
  • Hiring practices
  • Personnel policies and employment policies
  • Employment agreements and separation packages
  • Compensation and benefits
  • Layoffs, terminations and disciplinary actions
  • Leaves of absence and reasonable accommodations and compliance
  • Reductions in force
  • Implementation of best management practices and internal investigations

Peckar & Abramson has earned a national reputation as a leading employment law firm and partners with its clients to keep them informed about trends that may affect their business. As you contemplate your current and future needs, we hope that you will select Peckar & Abramson: the law firm that delivers tomorrow’s solutions today.

Peckar & Abramson has earned a national reputation as a leading employment law firm and regularly partners with its clients to keep them informed about trends that may affect their business. Our goal is to work with our clients to mitigate employment risk, avoid litigation and build productive employer-employee relationships.

JEFFREY M. DIATZ
Partner
River Edge, NJ
View PDF

Related Practice Areas

Insights

  • HOUSTON CO-MANAGING PARTNER MATT MOORE ELECTED A COUNCIL MEMBER OF THE CONSTRUCTION LAW SECTION OF THE STATE BAR OF TEXAS

    Peckar & Abramson, P.C. (P&A) is pleased to announce that Matt Moore, Co-Managing Partner of the Houston office, has been elected to a three-year term as a Council Member of the Construction Law Section of the State Bar of Texas, with over 2,500 members consisting of legal professionals from public and private sectors involved in […]

  • STEPHEN P. KATZ LEADS $81 MILLION CORPORATE PURCHASE BY JSW STEEL LTD. OF OHIO’S ACERO JUNCTION HOLDINGS INC.

    Peckar & Abramson, P.C. (P&A) is pleased to announce that Stephen P. Katz, Partner and Chair of the firm’s Corporate Law Practice Group, represented JSW Steel Ltd., one of the largest steel conglomerates in India, in JSW’s $81 million acquisition of 100% of the equity of Acero Junction Holdings Inc., the owner of the Acero […]

  • Legislation Update: S-865 Public-Private Partnerships in New Jersey Passed by Both Houses-Awaiting Governor’s Signature

    New Jersey is finally among the many states with broad authority to develop or improve public projects through a Public Private Partnership (P3) delivery method. This contracting model has stimulated growth and improvements in other States and led to the delivery of projects that may not otherwise have happened. Senate Bill 865 (“S-865”), after undergoing […]

  • Paul Monte Quoted As A Source in Law360 Article

    Paul Monte, Co-Managing Partner of the firm’s New York office, was quoted as an expert source in a story written by Law360 on June 25, 2018 entitled “New York Construction Industry Watching ‘Game-Changing’ Bill”. Described as one of the most significant pieces of legislation to affect the construction industry in decades, S06686 adds a new […]

  • Aaron Schlesinger Authors Article for ConsensusDocs June 2018 Newsletter

    Aaron C. Schlesinger, Partner in the firm’s New Jersey office, authored a bylined article entitled “Pre-hire Trade Collective Bargaining Agreement Under the NLRAe Agreement” which published in ConsensusDocs on June 25, 2018. Using his expertise in Labor Relations and Employment Law, Mr. Schlesinger gave examples and described Section 8(f) of the National Labor Relations Act […]

  • Neal I. Sklar Quoted As A Source in Law360 Article

    Neal I. Sklar, Partner in the firms Miami office, was quoted as an expert source in the Law360 story “Privately Backed Rail And Transit Projects To Watch” that published June 25, 2018. Mr. Sklar commented on how rail projects are frequently public-private partnerships (P3) where it makes financial sense from a private business perspective. Law360

  • Peckar & Abramson Shares June 2018 Construlegal Newsletter

    Peckar & Abramson is pleased to share the 2018 Construlegal Newsletter. Construlegal is a strategic alliance of law firms based in the Americas which share a common focus, values and market approach. Peckar & Abramson is a founding member of Construlegal.

  • Eight Attorneys In The Firm’s Miami Office Named 2018 Super Lawyers®

    Peckar & Abramson, P.C. (P&A) is pleased to announce that eight attorneys in the firm’s Miami office have been named 2018 Super Lawyers®. Each attorney is being honored for their ongoing leadership and achievements in the field of Construction Law. “Our well-respected Miami-based construction attorneys regularly represent prominent local, national and global contractors and builders” […]

  • Kevin J. O’Connor and Joseph Vento Co-Author Article in Law360 Construction Section

    Kevin O’Connor, Partner, and Joseph Vento, Associate, both based in the firms New Jersey office, co-authored an article in Law360’s Construction section entitled “NJ Construction Employers Must Prepare For Crackdown” which published on June 12, 2018. The analysis explains that New Jersey governor, Phil Murphy recently signed a recent executive order that is turning up […]

  • Lori Ann Lange and Levi Barrett Quoted as Expert Sources In Law360 Article

    Lori Ann Lange, Partner in the firm’s Washington, DC office, and Levi W. Barrett, Senior Associate in the firm’s New York office, were quoted as expert sources in a Law360 story that posted June 11, 2018 entitled “Tariffs Threaten Construction With Delays, Increased Costs”. The story discussed the uncertainty in the construction industry as contractors […]

  • Charles Fombrun Joins Peckar & Abramson’s Miami Office

    Peckar & Abramson, P.C. (P&A) is pleased to announce that litigation attorney, Charles E. Fombrun has joined the firm’s Miami office as an Associate. Mr. Fombrun represents clients in a variety of litigation matters including actions involving contractual disputes and commercial related litigation issues. Over the course of his legal career, Mr. Fombrun has served […]

  • Alex Baghdassarian and Nate Cohen Co-Author Article in the Daily Journal, Los Angeles

    Alex Baghdassarian, partner in the firm’s Los Angeles office and Nathan A. Cohen, senior counsel in the firm’s Los Angeles office, co-authored a bylined article entitled “As steel tariffs come into play, contractors should review contracts” which published in the Daily Journal in Los Angeles on May 31, 2018. The article describes the new tariffs […]

  • Miami Attorneys Author Article in the AGC Law In Brief Newsletter

    Neal I. Sklar, partner in the firm’s Miami office and Charles E. Fombrun, associate in the firm’s Miami office co-authored a bylined article entitled “Construction Injuries/Fatalities: Best Practices in Handling OSHA Inspections” which published in the May 2018 issue of the AGC Law in Brief. The article discusses the recent up-tick of accidents and fatalities […]

  • Peckar & Abramson Co-Hosts 15th Annual Groundbreaking Women In Construction Conference

    The 15th annual Groundbreaking Women in Construction (GWIC) Conference, presented by Engineering News-Record (ENR) in partnership with Peckar & Abramson (P&A), took place May 14-16, 2018 at the historic Palace Hotel in San Francisco. Attended by a sellout gathering of 700, the 2018 theme of the construction industry’s premier leadership and talent management conference was […]

  • 2018 Legislative Changes Affecting the Construction Industry

    The 2018 Florida Legislative Session recently concluded and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session. Florida Governor Rick Scott has 15 days to act on the legislation once each Bill has passed the House and Senate. Bills signed by the Governor go into effect on […]

  • NEW JERSEY BECOMES THE TENTH STATE TO PROVIDE WORKERS WITH PAID SICK LEAVE

    For the first time in state history, paid sick leave will soon be available to most New Jersey employees under a sweeping new law that Governor Phil Murphy signed on May 2, 2018. The New Jersey Earned Sick and Safe Days Act (A-1827) (the “Act”), which goes into effect on October 29, 2018, provides the […]

  • CURTIS W. MARTIN RIDES AGAIN – IN THE BP MS 150 BICYCLE RIDE FROM HOUSTON TO AUSTIN

    Curtis W. Martin, Co-Managing Partner of the firm’s Texas offices, participated for the 15th year in the BP Multiple Sclerosis (MS) 150. The annual 170-mile bicycle ride from Houston to Austin, Texas took place on April 28-29, 2018. Martin, who has raised more than $17,500 so far this year for MS, has ridden the event […]

  • New Jersey’s Governor Puts Construction Firms on Formal Notice of His Focus on Misclassification of Workers As Independent Contractors

    We have written quite a bit about the mounting threat to employers, both nationally and locally, of claims of misclassification of workers as independent contractors rather than employees. New Jersey’s new Gov. Phil Murphy signed an executive order last week that establishes a task force on employee misclassification to punish contractors who commit fraud by […]

  • Mark R. Berry and Freddy X. Munoz Author Article in the Daily Business Review on Drones in the Construction Industry

    Just in time for the firm’s Drones in Construction webinar on May 17, 2018, attorneys Mark R. Berry and Freddy X. Munoz co-authored an article entitled ‘Don’t Be Clueless, Careless or Criminal: How to Legally Operate a Construction Zone Drone’ which published May 14, 2018 in the Daily Business Review. The article summarized FAA regulations, […]

  • CHAMBERS & PARTNERS USA NAMES PECKAR & ABRAMSON, P.C. TO BAND 1 LEVEL NATIONWIDE IN CONSTRUCTION LAW

    Peckar & Abramson (P&A) is pleased to announce that the firm has once again been recognized by Chambers & Partners USA in the category of Construction Law at the coveted Band 1 level Nationwide – no other firm has the distinction of having been awarded that honor every year for 15 consecutive years since Chambers […]