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Labor and Employment Law

Bressler, Amery & Ross represents management in all aspects of labor and employment law and litigation. Whether the issue involves employment litigation, arbitration, a labor dispute, strategic planning for mergers, acquisitions, or reductions in force, or day-to-day advice, our goal is to help employers understand and achieve their objectives.  Our attorneys are experienced, well-trained, and devoted to their clients’ right to manage their businesses. 

Strategic Advice and Counseling.  Bressler, Amery & Ross advises on matters relating to discharge and discipline; grievance handling and resolution; wage and hour, the NLRA and NLRB procedure; equal opportunity issues, including Title VII, NJLAD, ERISA, ADA, ADEA, FMLA,  FLSA, IRCA, and WARN; employee benefits and executive compensation; single and multi-employer pension and health and welfare plans; and strategic planning for mergers, acquisitions, consolidations, reductions-in-force; personnel policies and procedures; employee handbooks, and immigration.

Employment Litigation. The Firm’s sophisticated trial lawyers have a well deserved reputation for aggressively, passionately, and successfully representing their clients before state and federal courts and various civil rights agencies throughout the United States, as well as in administrative and arbitral forums. The cases we try run the gamut:  employment discrimination; retaliation; harassment; disability discrimination; complex class and collective actions; ERISA; whistleblower; unfair competition; FMLA and state leave laws; wrongful termination; employment agreements; restrictive covenants; wage and overtime actions; labor injunctions; unfair labor practices.

Employment Agreements.  The Firm negotiates and drafts employment agreements, confidentiality agreements, non-competition agreements, and severance agreements. 

Training and Investigations.  Bressler, Amery & Ross trains employees, supervisors and executives to comply with federal and state employment and labor laws, including sexual and other forms of harassment, workplace violence, diversity and unionization. The Firm’s experienced lawyers, many of whom are ex-prosecutors, conduct specialized investigations in matters involving harassment, discrimination, and whistleblower claims.

Traditional Labor Law. Bressler, Amery & Ross advises employers in connection with union elections and representation proceedings, labor agreements, grievance and arbitrations, decertification proceedings and strikes, lockouts and picketing. Its lawyers are skilled and experienced in getting strike related injunctions and in fending off 10(j) injunctions sought by the NLRB.

REPRESENTATIVE SUCCESSES

  • Unanimous jury verdict rejecting whistleblower and sex discrimination claim against regional medical center in New Jersey state court.
    Securing injunction against competition and disclosure of confidential information on behalf of a large insurance broker in New Jersey State Court.
  • Securing injunction against unlawful  disclosure of confidential information on behalf of a large manufacturer in Massachusetts State Court.
  • Unanimous jury verdict rejecting breach of contract/age discrimination claim against regional medical center in New Jersey state court.
  • Unanimous jury verdict rejecting race discrimination claim against manufacturer in the United States District Court for the Middle District of Tennessee.
  • Unanimous jury verdict rejecting race and gender discrimination claim against a large multi-state bank in the United States District Court for the Eastern District of New York.
  • Securing injunction against competition in violation of an employment contract on behalf of a large, multi-national manufacturer, in New Jersey State Court.
  • Securing injunction against competition and disclosure of confidential information in violation of an employment contract on behalf of a large, multi- national manufacturer, in New Jersey State Court.
  • Securing numerous injunctions against improper solicitation in violation of employment contracts on behalf of a large, national insurer, in New Jersey State Court.
  • Directed verdict in New Jersey state court in favor of a regional medical center in a discrimination case.
  • Directed verdict in New Jersey state court in favor of a printing company in an employment tort case.
  • Successfully compelling arbitration of statutory discrimination and retaliation claims in numerous federal and state court cases.
  • Successfully defending a large retail employer against an action brought by the National Labor Relations Board for a 10(j) injunction in New York in the United States District Court for the Southern District of New York.
  • Summary Judgment granted in favor of employer and against Union by the U.S. District Court for the Southern District of New York, who determined that claims arising from a plant shutdown, including fraud, RICO, and breach of contract, had to be arbitrated.
  • Summary Judgment granted in favor of employer by the U.S. District Court for the District of New Jersey dismissing claims of hostile work environment, discriminatory retaliation, slander, and tortious interference, and granting an award of $305,000 plus interest and attorneys’ fees on a promissory note to our client.
  • Summary Judgment granted in favor of major food industry employer against deaf employees who brought disability discrimination claims in the United States District Courts for the Eastern District of New York and New Jersey, with the New Jersey District Court awarding attorneys fees and costs against the plaintiffs’ attorney.
  • Summary Judgment granted in favor of Casino employer by a New Jersey court, dismissing sex discrimination claim by two former male employees who refused to cut their hair, holding that sex differentiated dress codes are not per se unlawful under the NJLAD.
  • Dismissal of sexual harassment claim against major financial services institution by an NASD Arbitration Panel and awarding our client the total amount due on promissory note plus all attorneys’ fees incurred in the action.
  • Injunction secured in New Jersey state court for a major supermarket chain enjoining slowdowns and work stoppages.
  • Injunction secured in the United States District Court for the District of New Jersey for a major manufacturer enjoining work stoppages in violation of the labor contract, and successfully obtaining over $19,000 in fees and costs from the Union after it violated the Court’s Order.
  • Injunction secured in New Jersey state court for a major food industry employer enjoining slowdowns and work stoppages, and successfully obtaining over $15,000 in fees and costs from the Union after it violated the Court’s Order.