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Category Archive
Employment Law
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When You Are Misclassified as Exempt, You Lose Overtime Pay

In New Jersey, some employees are entitled to overtime pay and others are exempt. Those exempt from overtime include executive, administrative, computer technology and professional employees and outside sales representatives. Nonexempt employees who must be paid time-and-a-half overtime include hourly workers, typically in manufacturing and service positions. There are some exceptions to these rules, particularly Read More

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Negotiate a Better Severance Package with Proactive Thinking

Severance packages for terminated employees recently have become a topic of debate in the New Jersey Legislature. Two bills are pending that would penalize higher-paid workers who receive severance packages by denying them state unemployment benefits. Neither bill has passed either chamber of the legislature. Regardless of what happens in Trenton, employees (and ex-employees) should Read More

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LGBT Workers Are Entitled to New Jersey Family Leave Benefits

The Family and Medical Leave Act (FMLA) provides protections for workers who need to take unpaid leave to care for ill or injured family members. The FMLA also guarantees unpaid leave for new parents, including adoptive parents. The U.S. Department of Labor, Wage and Hour Division has ruled that, as of August 2013, people in Read More

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Same-Sex Marriage Must Be Recognized by New Jersey Employers

New Jersey began to recognize same-sex marriages in October 2013 based on a unanimous decision by the New Jersey Supreme Court. Marriage can have major financial implications — largely for the better — for the couple and their dependents. Just a look at how it affects employee benefits helps illustrate this point. Employers who provide Read More

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You Can Lose Your Case if You Don’t Follow the Rules

When a plaintiff files a lawsuit, the plaintiff often focuses on the facts of the case and the law that pertains to those facts. The plaintiff should prevail when the law supports the plaintiff’s allegations, and the plaintiff should lose when the law supports the defendant’s allegations. But there is another way that a plaintiff Read More

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Rutgers Basketball Is a Lesson Learned About Harassment and Intimidation

Learning at Rutgers University isn’t limited to the classroom. There are lessons to be learned even on the university’s basketball court. That’s where players suffered verbal and physical assaults by then head coach Mike Rice Jr. beginning in 2010. Rice’s coaching style included cursing at players, shoving them, and throwing basketballs at their heads. When Read More

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Why Teens Under 18 Can’t Be Stronger Than the Storm

It’s a catchy tune. Referring to last year’s superstorm Sandy, Governor Chris Christie wants everyone to know that New Jersey is stronger than the storm. But what you might not know is that New Jersey labor law effectively prohibits young volunteers from helping rebuild our shore communities devastated by the storm. As recently reported in Read More

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What Is an “Employee” in Employee Discrimination Cases?

Whether a person is an “employee” is a frequent threshold issue in both state and federal employment discrimination and harassment cases. As the use of independent contractors becomes more prevalent in our economy, this question has become more common — and more difficult to answer. While the law is clear that employment discrimination laws do Read More

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New Jersey’s Conscientious Employee Protection Act

It is an unfortunate truth that objectionable practices are rampant in the workplace. Many employees, while bothered by it, are afraid to take action because they know it could mean their jobs. Fortunately, the state of New Jersey has taken special steps to protect the brave employees who stand up to unacceptable practices in the Read More

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Why Taking a Salaried Position May Not Be a Step Up

Many people view transfer from an hourly position to a salaried position as a major step forward in their careers, and for many it is. Others, however, are unpleasantly surprised to see their pay dramatically reduced despite the fact they are working the same if not more hours than previously. The answer lies in the Read More

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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

Robert  J.  Pantina Attorney Photo
Robert J. Pantina
Attorney

About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

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