Affirmative Action Plan (AAP) and OFCCP Matters
Contractors and subcontractors nationwide in the preparation of federal and state affirmative action plans that cover a range businesses and entities, including banks, financial institutions, media companies, transportation companies, defense contractors, construction companies, research facilities, energy plants and universities.
A regional bank in a 12-month compliance audit initiated by the OFCCP and obtained closure letter with no citations or violations issued under Executive Order 11246 (EO 11246), Section 503 of the Rehabilitation Act of 1973 (Section 503) or the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA).
An international financial, software, data and media company in obtaining closure letters with no citations or violations issued following multiple AAP compliance audits initiated by the OFCCP under EO 11246, Section 503 or VEVRAA.
A national architecture/engineering firm in obtaining closure of its OFCCP affirmative action audit without any violations or citations under EO 11246, Section 503 or VEVRAA.
Labor Relations Matters
A nursing home and rehabilitation center in contract negotiations with three Local 1199J units which resulted in the successful negotiation of sub-CPI wage increases and significant overtime and probationary status give-backs with the center’s registered nurses, licensed practical nurses and certified nursing assistants.
Rutgers, The State University of New Jersey in obtaining dismissal of unfair practice charges brought by FOP Lodge 62 alleging that the university violated the Employer-Employee Relations Act by requiring union members to pay doctor visit co-pays when seeking notes to verify illness based on the application of the past practice doctrine.
The City of Yonkers in successfully defeating grievance arbitrations and unfair practice charges brought by five separate unions, alleging that their members were entitled to a 27th payroll period payment worth over 6 million dollars.
A national siding manufacturer in successfully defeating grievance arbitration brought by United Steelworkers seeking to reverse discharge of five employees caught stealing time by employer.
A national trucking company in obtaining dismissal of an unfair charge brought by the National Labor Relations Board alleging client had discharged warehouse employee in retaliation for allegedly exercising his rights under the National Labor Relations Act where evidence showed no nexus between disciplinary action and alleged protected activities.
A national lighting manufacturer in successfully negotiating and coordinating the layoff of 150 unionized employees without any federal or state WARN violations.
A private not-for-profit religious school in decertifying its teacher’s association without any unfair practice charges being filed or other labor actions.
A church in obtaining dismissal of Order to Show Cause and Complaint brought by the pastor alleging violations of the State of New Jersey’s Conscientious Employee Protection Act based on the application of the ministerial exception that prohibits court interference in matters arising between a congregation and its church leaders.
A regional bank in successfully moving to dismiss complaint alleging tort claims brought by employee that sought to circumvent the State of New Jersey Worker’s Compensation statute by asserting the intentional wrong exception was met due to exposure to toxic mold and subsequently defeated plaintiff’s appeal at the Appellate Division.
A general contractor in successfully moving to dismiss a complaint alleging various employment torts based on the application of the entire controversy doctrine where plaintiff had previously sued and settled prior wage and hour claims against the same defendant and failed to raise her tort allegations in initial complaint.
A New Jersey township in successfully vacating an arbitration decision pursuant to N.J.S.A. 2A:24-8(a) and (d) where the award was procured by undue means and the arbitrator so imperfectly performed his duties that a mutual, final and binding award was not made after arbitrator improperly ruled: (1) the union’s grievance could proceed even though it was filed beyond the negotiated grievance filing deadline; and (2) the township was precluded from prohibiting employees from carrying over more than one year’s worth of vacation leave in violation of state law and the negotiated contract language.
A regional painting company against claims brought by former employee that he was terminated for whistleblowing activities in violation of the State of New Jersey’s Conscientious Employee Protection Act. Negotiated favorable settlement before mediator by demonstrating employee had lied on his employment application regarding reason for leaving prior employer as well as ongoing employee misconduct with current company.
Harassment/Discrimination Investigations and Training
A real estate management company with investigation of claims of sexual assault and harassment brought by an employee, ultimately finding that the claims were disingenuous and prompting mediator to determine employee was not entitled to any damages relating to harassment claims.
An international transdermal patch manufacturer with investigation of claims of race discrimination, issuing a report used by the company to assert Ellerth/Faragher defense in litigation and to mediate resolution.
The chief executive officer of a not-for-profit regional health care provider in the successful defense against false allegations of financial improprieties and conflicts of interest brought by disgruntled employee which resulted in dismissal of all charges against executive and employee being terminated for making false reports.
Anti-harassment/discrimination training for:
- National lighting company
- International transdermal patch manufacturer
- Real estate developer
- Public relations/media company
Wage & Hour Matters
A national electrical contractor in obtaining closure of wage and hour investigation brought by the State of New Jersey’s Department of Labor without any penalties, fines or back wages assessed because agency lacked jurisdiction over out-of-state workers even though employer was headquartered in New Jersey.
A video/media installation company in negotiating the resolution of an employee/independent contractor misclassification allegation brought by the State of New Jersey’s Department of Labor with a de minimis payment in consideration for a full release and safe harbor period.