Labor & Employment

Our Labor and Employment Practice Group partners with private and public employers of all sizes to provide strategic, practical, and effective solutions to diverse workplace issues.

Our clients range from small and mid-sized businesses to large multi-national corporations in construction, manufacturing, transportation, higher education, technology, retail and food service, real estate, pharmaceutical, and healthcare industries. 

Employment Litigation

Our attorneys regularly appear in state and federal court and before administrative agencies to defend employers against discrimination, harassment, retaliation, breach of contract, and other common law claims. We also defend employers against wage and hour and prevailing wage claims, both in court and in connection with state and federal wage and hour audits and investigations. Clients also routinely call our attorneys to represent them in restrictive covenant litigation to enforce their rights, protect their business interests, and defend against such claims.

Labor and Employment Counseling

Complementing our significant litigation practice are our counseling services, strategically focused on avoiding litigation where possible and ensuring compliance with the ever-changing landscape of labor and employment laws and regulations at the federal, state, and local levels. Our attorneys draft and update handbooks and policies and provide practical training as part of their day-to-day counseling services.

Traditional Labor

In our traditional labor practice, our attorneys regularly assist employers in negotiating collective bargaining and collective negotiation agreements. We also represent employers in labor arbitrations, other disciplinary hearings, and in connection with proceedings before regulatory agencies such as the National Labor Relations Board and the Public Employment Relations Commission. We also counsel employers to help avoid labor disputes where possible and provide a full range of services on union avoidance and defending clients in union organizing campaigns. 

Workplace Investigations

With a wide breadth of experience in workplace matters, our attorneys often conduct workplace investigations into the most sensitive issues, including allegations of unlawful discrimination, harassment, retaliation, fraud, embezzlement, theft, and potential violations of internal policies and other compliance or ethics matters.     

Public Employment Issues

Pulling from their significant background in government representation, our attorneys represent and advise public employers on a broad range of matters impacting their workforce that are unique to the public sector.

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Events 2023 Labor and Employment Law Forum

OS Of Counsel Nicole DeMuro will speak at the New Jersey State Bar Association’s 2023 Labor an…

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Events 2024 Labor and Employment Law Forum

OS Managing Partner Thomas Scrivo will speak about Employment Issues that Lawyers and Law Firms are …

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Client Alert Back on the Market? New Jersey Appellate Division Strikes Down Use of ABC Test for Commissioned Real Estate Agents

Recently, it seems like New Jersey employers cannot catch a break from the increasingly burdensome r…

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Client Alert EEOC Proposes Expansive Regulations to Implement Pregnant Workers’ Accommodations Law

On August 7, 2023, the Equal Employment Opportunity Commission (“EEOC”) took its first s…

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Client Alert FTC Proposes to Eliminate Non-Compete Clauses Nationwide

After slowly chipping away at the use of non-compete agreements through enforcement actions, on Janu…

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Client Alert Independent Contractor or Employee? New Jersey Supreme Court Addresses Worker Classification and the Role of the Department of Labor

On August 2, the New Jersey Supreme Court in East Bay Drywall, LLC v. Department of Labor & Work…

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Client Alert New Jersey Law Goes into Effect Protecting Older Employees from Forced Retirement, Failure to Hire/Promote

On October 5, Governor Murphy signed a bill into law that amends New Jersey’s anti-discriminat…

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Client Alert New Jersey Minimum Wage Requirements Update

The new year is just around the corner, and New Jersey employers who have not already done so need t…

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Client Alert New Jersey Requires Vaccination or Weekly Testing for Privately Employed Workers Performing Services on State Contracts

On October 20, 2021, Governor Murphy signed Executive Order 271 (“EO 271”), requiring bu…

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Events New Jersey State Bar Association Employment Law Roundtable

OS Partner Michael Dee will speak about The Ethical Considerations of Multijurisdictional Practices …

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Events New Jersey State Bar Association Webcast

OS Partner Michael Dee and Of Counsel Nicole DeMuro will be speakers on Ethics at the 2021 Employmen…

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Awards/Recognition O'Toole Scrivo Ranked in 2024 "Best Law Firms" (U.S. News)

OS is pleased to announce its ranking in the 2024 U.S. News - Best Lawyers® "Best Law Firms" reg…

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Awards/Recognition O'Toole Scrivo, LLC Ranked in 2023 "Best Law Firms" (U.S. News)

OS is pleased to announce its ranking in the 2023 U.S. News - Best Lawyers® "Best Law Firms" reg…

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Awards/Recognition OS Recognized by Chambers USA 2023

OS is proud to announce that the firm's New Jersey General Commercial Litigation practice has been r…

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Awards/Recognition OS Recognized by U.S. News – Best Lawyers “Best Law Firms” 2022 Rankings

O'Toole Scrivo, LLC is pleased to announce its inclusion in U.S. News  -- Best Lawyers®, &n…

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