By Bruce Atkins | Published May 21, 2024 | Posted in Employment Law | Tagged Tags: FTC, noncompete agreement, Noncompetes | Comments Off on Impact of the FTC’s Ban on Noncompetes Between Employees and Employers
Impact of the FTC’s Ban on Noncompetes Between Employees and Employers
A noncompete agreement is a contractual obligation between an employer and an employee that typically prohibits the employee from working for a competing business or starting a competing business for a specified period after the employment relationship ends. These agreements often include geographic restrictions as well. The intent is to protect the employer’s business interests, Read More
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NJ Supreme Court Voids Non-Disparagement Provision in Employment Bias Case
In a significant decision for New Jersey workers, the New Jersey Supreme Court ruled in that non-disparagement clauses cannot be used to silence victims of discrimination, harassment, or retaliation in employment or settlement agreements. Non-disparagement clauses, often included in employment contracts and settlement agreements, are designed to prevent individuals from making negative statements about their Read More
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Recognizing Behaviors That Can Foster a Hostile Work Environment
For decades, New Jersey has been at the forefront of laws against discrimination in the workplace, including harassment of employees based on race, ethnicity, faith, gender and other personal characteristics. One type of harassment is the creation or tolerance of a hostile work environment. This means subjecting employees to unwelcome conduct that is severe or Read More
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Proving Disparate Impact Employment Discrimination in New Jersey
New Jersey law prohibits discrimination in employment. Most often, illegal discrimination takes the form of conduct that deliberately treats people differently based on their membership in a protected class. However, certain policies and practices — even if neutral on their face — might unduly impact employees in a protected class. This is known as disparate Read More
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White House Calls for Scrutinizing AI Discrimination in Hiring
Artificial intelligence (AI) is rapidly transforming modern businesses, notably in how they recruit and hire employees. AI tools offer efficiency and speed in sifting through resumes and applications and in curating talent. However, the increased use of these tools has raised concerns about their potential to perpetuate or even intensify discriminatory practices. Addressing this fear, Read More
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Reasons That At-Will Employees Can and Cannot be Fired in New Jersey
The majority of New Jersey workers are at-will employees, which simply means they are not under contract with the company they work for. They remain employed for only as long as their employer decides they are needed. An employer doesn’t need to have a justification for terminating them. However, there are laws protecting at-will employees Read More
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Owner of Four NJ Dairy Queens Cited for Child Labor Violations
Working at a Dairy Queen or other fast-food establishment is a rite of passage for many teenagers throughout the United States. However, these restaurants are subject to the same laws as other employers, and their owners can face serious penalties if they take advantage of their younger workers. In October 2023, the U.S. Department of Read More
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New Law Offers Protection to New Jersey Service Workers
Numerous service workers know firsthand how it feels to get fired suddenly after months or years of hard work simply because ownership of their employer has changed hands. Even top employees have been terminated without warning simply because the new owner wanted to “bring in their own people.” Now, a new law gives service workers Read More
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Your Remedies for Discrimination Based on Recreational Marijuana Use
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM Act) is a comprehensive law that legalizes and regulates the adult-use of cannabis in the state. The 2021 statute also includes a number of important employee protections, including a prohibition on employers taking adverse action against employees for cannabis use outside of the Read More
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New Jersey Supreme Court Declares LAD Protects Sexual Abuse Victims
In a groundbreaking ruling, the New Jersey Supreme Court has held that victims of sexual abuse can bring legal action under the state Law Against Discrimination (LAD), the statute that prohibits discrimination on the basis of gender, race, religion, color, national origin, ancestry, age, marital status, affectional or sexual orientation, genetic information or disability. The Read More
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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 his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation 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 his clients, including a $525,000 jury verdict in a sexual…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
