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Category Archive
Employment Law
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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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New Article on Terminating an “Irresistable Employee”

Deutsch & Atkins’ own Christopher Carcich and Carly Skarbnik Meredith recently penned an article published in the American Bar Association’s Litigation Section of Employment & Labor Relations. This article, called “Terminating an Irresistable Employee“ discusses the widespread implications of a recent Iowa Supreme Court decision regarding gender discrimination by jealous spouses.

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Is a Worker an Employee or Independent Contractor?

Understanding the differences between independent contractors and employees is important. Issues such as those of taxation and liability stem from the relationship between an employer and a contractor or employee. In New Jersey, the Department of Labor sets out an ABC test for determining responsibility for unemployment and hour and wage requirements. The test is Read More

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Employment Matters Where a Lawyer Can Help a High-Ranking Executive

The relationship between employers and employees has many facets. This relationship may deteriorate over time — and a high-ranking executive may have the need for legal intervention to enforce the terms and conditions of employment, or to provide protection in the pursuit of a new position. Some of the areas where a high-ranking executive may Read More

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Employment Mediation is an Alternative to Going to Court for Employment Issues

No matter the business, disputes are bound to arise at some point. Disputes can disrupt the daily activity of the workplace and can escalate into situations that can cost employers and employees time and money to resolve. Mediation of an employment matter is a viable and often preferable alternative to resolving many business disputes and Read More

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Enforcing Your Rights under the Fair Labor Standards Act

Your employer’s actions with regard to issues such as paying you the minimum wage, overtime, and keeping records that indicate hours worked or sales commissions earned are governed by the Fair Labor Standards Act. Aggrieved employees have the right to bring an action to enforce the provisions of this law. Individual lawsuits or collective actions Read More

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OSHA Releases New Resource to Protect Emergency Responders from Combustible Dust Explosions

First responders, the emergency personnel who are the first to arrive on the scene when disaster strikes, face many perils. When the response site involves a fire or explosion, one of the hazards firefighters face is combustible dust explosions. Recognizing the danger of these phenomena, The Occupational Safety and Health Administration published a handbook entitled, Read More

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Recent OSHA Citations

Individuals who violate employees’ rights may be cited by the Occupational Safety and Health Administration. If you suspect your company is engaging in illegal or discriminatory behavior, do not be afraid to report them because you are protected against employer retaliation. Following are some of the OSHA’s citations for the months of March and April 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 premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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…

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…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins, 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 Americans…

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