Labor and Employment Law

The law firm of Lum, Drasco & Positan has deep legal roots serving the business community in New Jersey. We remain committed to serving the dynamic needs of the business community with cutting-edge legal services. Our firm's labor and employment attorneys represent a broad spectrum of businesses, including closely-held businesses, Fortune 500 companies, partnerships, executives and public-sector clients.  Let our extensive experience work for you.

The firm’s Labor and Employment Group has been recognized with “Tier 1” Rankings in “Employment Law-Management”; “Labor Law-Management”; and “Litigation-Labor and Employment” in Best Lawyers/US News and World Report for 2015.  It has been perennially listed in Chambers USA:  America’s Leading Business Lawyers since the inception of that publication.  A number of our lawyers have been listed in Best Lawyers, Superlawyers, Rising Stars, and other recognized lists.  

Employment Litigation

Our labor and employment group has extensive experience in employment counseling, workplace investigations, litigation, trials, alternative dispute resolution procedures and appellate practice. This includes many cases representing defendants in discrimination, Conscientious Employee Protection Act (CEPA), Family and Medical Leave Act (FMLA), retaliation, and wrongful termination matters. We have been involved in many high-profile cases in this area of law, including:  LePore v. National Tool (whistleblower case), Baliko v. Stecker (sexual harassment), Department of Labor v. Pepsi-Cola Co. (wage and hour), Local 68 v. Delaware River and Bay Authority (bi-state agencies/state constitutional claims), and Williams v. Verneiro.

We have represented various public entities and public officials in a variety of litigated matters including New Jersey's Attorney General, New Jersey State Police, New Jersey Department of Corrections, Passaic County Sewerage Commission, New Jersey Administrative Office of the Courts, University of Medicine and Dentistry of New Jersey, and the Delaware River and Bay Authority. Our legal team has also represented the counties of Essex, Passaic, Morris, Somerset, Bergen, Union, the municipalities of Elizabeth, Camden, Holmdel and others.  We are approved insurance defense counsel for AIG and other carriers.

Non-Competition Litigation and Internal Business Disputes

We have advised and represented many clients concerning closely held shareholder disputes, non-competition, confidentiality, and trade secret agreements. Our law firm has extensive experience in New Jersey Superior Court Chancery Division litigation in the various counties. For example, we were involved in litigation in the Chancery Division for Morris County involving non-compete claims between Intuit and ADP; litigation and a subsequent mandated AAA arbitration involving Isolatek, where we obtained a judgment on the company’s counterclaim against its former CEO for breach of his agreement.  We have also represented the varied interests in closely held businesses and partnerships regarding their respective rights and duties.

Traditional Private Sector Labor and Administrative Law

We have extensive National Labor Relations Board (NLRB) experience, including:  representation of companies in union-related matters; NLRB elections; collective bargaining; project labor agreements; contract interpretation; and labor mediation/arbitration. 

We have extensive experience in administrative law matters in the state and federal departments of labor and other administrative entities. This has included wage and hour matters, prevailing wage matters, OSHA, EEOC, NJDCR, and other state and city human rights agencies. We have also represented professionals in various licensing matters before state agencies.  We also have extensive experience representing construction contractors with regard to pre-hire agreements and issues that arise under them. 

Public Sector Labor Law

We represent public sector entities, including municipalities, counties, and agencies, in matters related to the New Jersey Public Employment Relations Commission, including collective negotiations, interest arbitration, unfair practice matters, and contract interpretation. This has included negotiations and interest arbitration in the area of police and fire units. We have had involvement in the area of K-9 units, and have handled a variety of litigation connected with them for various governmental entities.

Human Resources Consultation and Training

We provide full services concerning review, drafting, implementation, and consultation concerning labor and employment policies, anti-discrimination policies, employee handbooks, employee hiring practices, employee discipline and termination, and training of employees on both supervisory and staff levels. We have also handled matters involving reduction in force (RIF), executive retirement plan (ERP) matters, the negotiation and review of employment and severance agreements.

Workplace Investigations

We have been retained by various entities as outside counsel, and as independent investigators to conduct prompt and effective workplace investigations into allegations of harassment, discrimination and wrongful workplace conduct, to render recommendations and findings with respect to the alleged conduct, and to recommend the implementation of responsive measures to remedy workplace conduct.

Ethics

We have been involved in reviewing matters concerning ethical issues regarding public officials and agencies.  We have also been involved in handling hearings, both as advocates and hearing examiners.  We have consulted on ethical issues regarding attorneys, medical professionals, and accountants, and we have been retained as experts in litigation on labor, employment and ethical issues.

The Labor and Employment Group