The National Trial Lawyers Association searches each state for individuals who exemplify superior qualifications, trial results, and leadership as a young attorney. Selection is based on a thorough multi-phase process, which includes peer nominations and combined third party research. 

“As an attorney in this community, it is such an honor to be named among the top lawyers in the State ofNew Jersey,” says Fraser. “I am humbled to know that the positive legal results I have obtained forSussexCountyfamilies have been recognized nationally.”

With husband, Andrew Fraser, Esq, Ms. Fraser has obtained some of the largest jury verdicts for injuredSussexCountyresidents in the county’s history.  Andrew Fraser was also recently selected by the National Trial Lawyers Association as one of the top 100 Lawyers in NJ.

The National Trial Lawyers: Top 40 under 40 provides accreditation to those distinguished young attorneys in the areas of civil plaintiff and/or criminal defense law and applauds them for their hard work and honored achievement.

Since 2008, Ms. Fraser has consistently been listed as one of NJ Monthly Magazines’ Super Lawyer Rising Stars in the legal profession for her work representing people who have been permanently injured through no fault of their own.  In 2009, she was recognized as one of the New Jersey Herald’s “20 Under 40” outstanding business leaders.  

The seminar will be held on February 28th at the Holiday Inn Budd Lake from 8:30 -11:30am. Continental breakfast and registration will begin at 8 am.

Attorneys will present an overview of the Worker’s Compensation system and twenty concrete steps all employers can take to keep Worker’s Compensation costs down.  Learn how small changes to current employment practices can help keep Worker’s Compensation costs down, including: 

• Procedures for reporting;
• Awareness of your employees’ conditions and needs;
• Company morale;
• Use of annual evaluations;
• Termination documentation; and
• Effective use of your relationship with your Worker’s Compensation insurance carrier.

This seminar will also highlight additional issues related to injured employees, including entitlements to leave under the federal Family Leave Act and the New Jersey Family Leave Act.  Further, related issues arise when an employee becomes temporarily or permanently disabled under the Americans with Disabilities Act and theNew JerseyLaw Against Discrimination.  The seminar will address the rights and responsibilities of employees and employers regarding these important issues.

 For more information please call 973-729-1880 or check Laddey Clark & Ryan’s website at www.lcrlaw.com.

The Appellate Division enforced an arbitration agreement entered into by the employer and a service manager for discrimination and whistleblower claims in Wagner v. Open Road Auto Group, No. A-5312-10T3 (App. Div. Jan. 10, 2012).

After the employee began employment, he signed a one-page arbitration agreement.  Two years later the employee was terminated and filed a complaint alleging violations of the New Jersey Law Against Discrimination as well as the Conscientious Employee Protection Act.  The lower court denied the employer’s demand for arbitration because the arbitration agreement did not specifically state that it covered claims arising from termination of the employment relationship.

 After reviewing prior cases where arbitration was denied based upon the language of the arbitration agreement, the Appellate Division found for the employer because the agreement specifically included claims of harassment and discrimination, despite its failure to specifically include claims related to employment termination or retaliation.

 When properly drafted, an arbitration agreement can require an employee to arbitrate any claims with regard to the employment relationship.  Arbitration can be beneficial to employers in that it is generally a faster and more efficient way to resolve employment issues.  However, this case demonstrates that without proper drafting, an arbitration agreement may be ineffective in requiring arbitration of all claims.

Laddey, Clark and Ryan is a law firm which has chosen to limit its practice to specific areas of the law; one of which is Employment Law. Each of our attorneys is well versed in his or her practice area. The Employment and Labor Practice Group attorneys regularly speak, write, advise and defend our clients on a wide range of employment law issues, including labor relations and contract negotiations.  We deliver the expertise, not the rates, of a national employment law firm.

Collective negotiation agreements with unions can provide for the single biggest expense for any business.  The cost of employee compensation and benefits in addition to job security and other provisions of a collective negotiation agreement will be with an employer for the duration of the contract and will be the basis of the subsequent contract’s provisions. 

Our Employment attorneys have extensive experience with both public and private sector union relations – from contract negotiation and interpretation, to discipline of employees, hearings and arbitration.  Including experienced legal counsel in the negotiation process of a collective negotiation agreement will serve as a cost-efficient way to minimize the employer’s cost of administering the collective bargaining agreement.  Unions typically bring to the negotiation table seasoned negotiators with years of experience, and the employer should be equally prepared for the negotiation sessions.

Laddey Clark & Ryan is also prepared to guide employers though difficult decisions regarding contract administration and discipline of employees.  Our Employment attorneys are also experienced with proceedings before the National Labor Relations Board and the NJ Public Employment Relations Commission.  We can guide you through any hearings or arbitrations related to the union relations.

Practice Group Attorneys

Thomas N. Ryan, Esq.
Ursula H. Leo, Esq.
Michael S. Garofalo, Esq.
Jessica A. Jansyn, Esq

Laddey, Clark and Ryan is a law firm which has chosen to limit its practice to specific areas of the law; one of which is Employment Law. Each of our attorneys is well versed in his or her practice area. The Employment and Labor Practice Group attorneys regularly speak, write, advise and defend our clients on a wide range of employment law issues, including various contracts entered into between employer and employee.  We deliver the expertise, not the rates, of a national employment law firm.

Contracts any employee makes with his or her employer are of critical importance to the relationship and critical to both parties after the termination of the relationship.  Our Employment attorneys are experienced in negotiating and advocating for the interests of both employees and employers with regard to restrictive covenants, non-compete, compensation, and severance agreements. 

Restrictive covenants and non-competes may be signed early in an employment relationship, before either party has the opportunity to consider the consequences of the agreements.  Our employment attorneys are well versed in the legal limitations to these agreements and will advise the employee or employer client of these legal limitations as well as the practical consequences of these contracts.

Compensation agreements lock the employer into a set compensation schedule and renegotiation of these agreements by either party can be difficult.  Legal counsel can assist with evaluation, negotiation, drafting, enforcement, and renegotiation of these contacts.  Our services will provide our clients with the experience with countless compensation agreements in order to draft negotiate the best possible outcome.

Separation agreements can make the difference between a quick and smooth transition for both parties or an adversarial and lengthy process.  Our Employment attorneys can draft a customized agreement to fit the specific circumstances of the termination and provide the most protection for our employer-clients and provide the best consideration for our employee-clients.

Practice Group Attorneys

Thomas N. Ryan, Esq.
Ursula H. Leo, Esq.
Michael S. Garofalo, Esq.
Jessica A. Jansyn, Esq

Laddey, Clark and Ryan is a law firm which has chosen to limit its practice to specific areas of the law; one of which is Employment Law. Each of our attorneys is well versed in his or her practice area. The Employment and Labor Practice Group attorneys regularly speak, write, advise and defend our clients on a wide range of employment law issues, including all aspects of employment and discrimination litigation for employers and employees.  We deliver the expertise, not the rates, of a national employment law firm.

Laddey Clark & Ryan has extensive experience representing both employers and employees in employment and discrimination litigation.  In addition to our services of counseling and training for employers, our Employment attorneys are available to handle any employee challenge to a termination or other employment decision.  An adversarial situation with an employee can disrupt the entire business, and legal counsel can take the burden off your back.

Laddey Clark & Ryan also has considerable experience representing individual employees.  All employers must comply with applicable state and federal laws and regulations regarding employment and discrimination.  Employees who are terminated or otherwise adversely effected by an employer’s illegal employment decision are entitled to recovery.  Legal counsel can be key in reaching out to the employer to first see if an amicable resolution is possible.  If not, however, legal counsel can be critical in navigating the litigation procedures in state and federal court.

Practice Group Attorneys

Thomas N. Ryan, Esq.
Ursula H. Leo, Esq.
Michael S. Garofalo, Esq.
Jessica A. Jansyn, Esq

Laddey, Clark and Ryan is a law firm which has chosen to limit its practice to specific areas of the law; one of which is Employment Law. Each of our attorneys is well versed in his or her practice area. The Employment and Labor Practice Group attorneys regularly speak, write, advise and defend our clients on a wide range of employment law issues, including counseling and training.  We deliver the expertise, not the rates, of a national employment law firm.

Most businesses will have questions or issues relating to employment law or employees.  Laddey Clark & Ryan is experienced in counseling employers on all aspects of the employee-employer relationship.  The Employment attorneys work closely with management and human resource professionals to develop appropriate documents and procedures for any employee issue.  Employment attorneys are also available to address immediate concerns and answer questions of our employers.

Laddey Clark & Ryan also has developed and can customize training programs for supervisors and employees regarding all aspects of the employer-employee relationship, including discrimination and harassment training.  These trainings can be provided at our offices, at your offices, or at another location.  Appropriate training is the first step towards avoiding employment issues and litigation.  Our attorneys are ready to utilize their experience to customize training specifically targeted to your organization.

We provide counseling and training services including:

• Review and counseling regarding compliance with NJLAD, ADA, Title VII, ADEA, FMLA, NJFLA, FLSA, and all other state and federal protections for employees
• Anti-sexual harassment and other anti-discrimination trainings
• Review and preparation of employee handbooks and related forms
• Preparation of leave forms and procedures
• Review of termination decisions and preparation of separation agreements
• Training for managers regarding employee discipline and documentation
• Wage and hour compliance
• Review and preparation of individual employment contracts

If we can be of any assistance please do not hesitate to contact us.

Practice Group Attorneys

Thomas N. Ryan, Esq.
Ursula H. Leo, Esq.
Michael S. Garofalo, Esq.
Jessica A. Jansyn, Esq

 In other big developments, regulations for Police and Fire Interest Arbitration, N.J.S.A. 34:13A-14a, et seq., now caps all salary items to a 2% increase at interest arbitration. Also, there may be no additions of non-salary economic items going forward. Other reforms include a fast-track arbitration process with concrete deadlines, and caps on arbitrator pay.

 The governor is still campaigning for reform of payouts of accrued, unused sick leave. However, no progress was made before the end of the year. Senate republicans have created a “Sick Leave Reform Calculator” which shows the current total sick leave liability for each town and calculates the cost to the average homeowner if the amount were paid out now. The calculator can be found at: http://www.senatenj.com

 Recent New Jersey Appellate Division Cases impacting public employers include:

• Petersen v. Township of Raritan, Docket No. A-3290-09T3, February 9, 2011 – Concluded that health benefits could be changed because the collective bargaining agreement provided only that retirees would be offered the same benefits offered to all municipal employees.
• Morris County Sheriff’s Office v. Morris County Policemen’s Benevolent Ass’n, Local 298, Docket No. No. A-3174-09T3, January 13, 2011 – Found that the county had the managerial prerogative to unilaterally eliminate the practice of allowing employees to come to work on holidays and be paid despite there being no need for them to be there and no work for them to do.
• PBA, Local No. 11 v. City of Trenton, Docket No. A-116-09, March 29, 2011 – Reaffirmed the principle that an interest arbitrator’s award will not be overturned by the courts unless it is not “reasonably debatable”, and upheld the arbitrator’s award of compensation to detectives for “muster time” before their scheduled shifts.
• In the Matter of Suzanne Hess, Docket No. A-2408-09T1, August 30, 2011 – Overturned the Retirement System’s decision to deny an employee retirement benefits because although her termination was for criminal charges related to a car accident, the car accident was not on the job or job related.

                Happy 2012!

 As public employers consider their positions in contract negotiations with public employee unions and with pay and benefit policies for non-union employees, careful consideration of the economic package for employees must include an evaluation of what obligations the municipality is willing to assume moving forward when it comes to unused sick and vacation time.

It does appear that the State Legislature and the Governor may be close to a legislated resolution of this issue which may include the elimination of allowing long time state and municipal workers, at retirement, to trade in a career’s worth of unused sick days for financial remuneration.  However, it is important that municipalities not wait for State resolution if they are engaged in Union negotiations at this time. Careful consideration must be given to the contractual and other legal issues surrounding the elimination of such benefits as well as the budgetary constraints within which the issues must be dealt.

 The Supreme Court Committee on the Unauthorized Practice of Law performs the valuable function of providing guidance to the New Jersey Bar Association and protection for the people of the State.  The Committee has the jurisdiction to investigate complaints and render advisory opinions that relate to the unauthorized practice of law.

“ I have appreciated the opportunity to work with this distinguished committee over the past year and I look forward to my work on behalf of the New Jersey Supreme Court during my second term,” says Ryan.

Ryan chairs the Employment and Labor Practice Group at Laddey, Clark & Ryan.  He is a member of the Commercial Litigation Practice Group and the Municipal Attorney for the Township of Sparta.  He has been named one of New Jersey Monthly’s Corporate Super Lawyers for the last three years. He is a member of the Labor and Employment Law Section of the New Jersey State Bar Association, and a Master in the prestigious Sydney Reitman Employment Law Inn of Court.  Ryan is a frequent lecturer on Employment and Labor issues.

Most businesses will have to conduct investigations regarding allegations of wrongful conduct in the workplace.  An important aspect of an employer’s duty to employees is to conduct an investigation upon the receipt of a complaint or when the potential for a complaint exists.  Prompt and thorough investigations, in accordance with company policies and procedures, not only are beneficial for all employees, but also protect the employer should claims of harassment, discrimination, threats or other allegations be made.

Legal counsel should especially be consulted to conduct internal investigations when there is an actual or apparent conflict of interest for the person who generally acts as the investigator within the employer’s organization; when a complaint is especially egregious; when discipline or termination is foreseeable; and when criminal charges are likely.  Laddey, Clark & Ryan has extensive experience in conducting internal investigations, and providing prompt and thorough reports, for both private and public sector employers.

Utilizing a properly trained impartial investigator, without any conflict of interest, and with proper legal expertise, is a crucial step in protecting employers.  We provide internal investigation services, including:

• Review of your policies and procedures;
• Interviews of the complainant, harasser, and relevant witnesses;
• Summary of all witness interviews and evaluations of credibility;
• Gathering and review of relevant documents;
• Preparation of a chronology identifying key dates, events and employees;
• Consideration and evaluation of the consistency of witness statements; and
• Conclusions based upon the totality of the circumstances.

At the end of the internal investigation, we will provide you with a written report that includes:

• The initiating complaint;
• Reasons for and goals of the investigation;
• Summary of interviews of each person interviewed;
• Summary of different parties’ positions, including specific allegations;
• Credibility of witnesses;
• Facts determined by the investigation;
• Analysis of the allegations and facts;
• Recommendation for appropriate action; and
• Proposed corrective action.

If we can be of any assistance please do not hesitate to contact us.

Practice Group Attorneys

Thomas N. Ryan, Esq.
Ursula H. Leo, Esq.
Michael S. Garofalo, Esq.
Jessica A. Jansyn, Esq

The required notice pertains to employer obligations under New Jersey wage, benefit and tax laws to maintain and report records regarding wages, benefits and taxes, and to pay wages, benefits, taxes or other contributions or assessments
as required by the law. The notice must be posted in a conspicuous place or in
certain circumstances, may be distributed and posted digitally.

 The goal of this posting is to encourage employees to speak up
with concerns about employer compliance with State law. Employees are protected
from voicing concerns or “whistleblowing” about employer’s policies
or practices that the employee reasonably believes are illegal or fraudulent.

Failure to comply with the posting requirement may result in a
fine up to $1,000. Retaliatory discharge of an employee who voices a concern or
complaint about employer compliance with these State laws or others, may result
in litigation and damages of front and back pay, reinstatement, all lost
economic damages, non-economic damages, punitive damages, and attorneys fees.

 A copy of the poster may be found at the NJ DOL website by clicking here.

The Tax Court ruled that only 100 square feet of PRO’s building qualified for tax
exemption because the balance of the 5500 square foot building was leased to
for-profit entities that pay rent to PRO. Upholding a line of New Jersey
tax exemption cases regarding non-profits, the PRO case teaches that ownership
alone is not a proper basis for a tax exemption.

In Fifth Roc Jersey Associates, LLC v. Town of Morristown,
the Court granted the taxpayer’s Motion to invalidate its 2009 added assessment
and compel a refund from the municipality despite the fact that the taxpayer
had filed no appeal. The Tax Court found that although Fifth Roc did not appeal its 2009
added assessment, the Court can reach the validity of the assessment through a
Freeze Act application. Said another way, the Court ruled that if the Freeze
Act applied to a prior decision, the Act alone may bar the municipality’s
ability to impose an added assessment.

Tax Assessors and Municipal Attorneys are reminded that a taxpayer’s failure to
appeal may not result in dismissal if other legal doctrines would grant the Tax
Court jurisdiction.

In Carlson Family Foundation, Inc. v. Paramus and Mack
Properties Co., LLC v. Paramus, the taxpayer asserted that under IRS rules, he could select either a calendar or fiscal year to report income. The Chapter 91 requests sought information for the period October 1, 2009 through September 30, 2010. The taxpayer then asserted that a property owner whose income and expenses are reconciled on an
annual basis could not produce the information requested within the required 45
day time period.

The Tax Court rejected Plaintiffs’ argument ruling that the Chapter 91 statute
does not require the assessor to coordinate its request with IRS reporting
requirements. The Tax Court stated that the assessor is under no duty to insure
that a Chapter 91 request is convenient to the taxpayer. The taxpayer had the
obligation to provide the information requested or convey a reason for his
inability to provide the data within 45 days of the request.