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Ashley M. LeBrun is a member of Archer’s Labor and Employment Law and Trade Secret Protection and Non-Compete Practice Groups. She regularly counsels employers and represents them in litigation. In counseling employers, Ashley drafts and revises employee handbooks and policies, advises employers on how to handle requests for leave and reasonable accommodations, investigates employee claims, and guides employers on terminations and on FLSA overtime issues and exemptions. Ashley also assists clients in drafting and negotiating severances, as well as restrictive covenants, such as non-competition, non-solicitation, and non­disclosure agreements.

As a litigator, Ashley has defended employers facing claims for violating the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the New Jersey Family Leave Act (NJFLA), the Pennsylvania Human Relations Act (PHRA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and Title VII of the Civil Rights Act. Ashley’s representation of employers not only includes defense matters, but also includes pursuing rights of employers whose former employees have violated restrictive covenants and other duties under the common law, such as the fiduciary duty of loyalty. Ashley is admitted to practice and has defended such claims in New Jersey, Pennsylvania, the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit. She also has defended claims filed in the New Jersey Division on Civil Rights, Equal Employment Opportunity Commission, and the Philadelphia Commission on Human Relations.

Representative Experience

  • Assisted in the successful defense against a race discrimination claim against a healthcare employer, through winning summary judgment, which was affirmed on appeal in the Third Circuit.
  • Obtained stipulation of dismissal with prejudice of reasonable accommodations claim against clothing company after forceful motion to dismiss.
  • Obtained stipulation of dismissal with prejudice of whistleblower claim against individual defendant in insurance industry through mediation.
  • Successfully defended manufacturing company against claim for unemployment benefits due to alleged constructive discharge.
  • Assisted in obtaining settlement after strong summary judgment motion was filed on a whistleblower lawsuit.
  • Assisted with internal investigation of high executive of non-profit corporation.
  • Obtained releases from employees threatening to sue employers.
  • Draft nondisclosure agreements protecting trade secrets for fashion manufacturing company.
  • Negotiated severance agreements and counsel companies, such as in the fashion industry, through terminations and layoffs.
  • Counsel businesses, ranging from restaurants to farms, just starting out in setting up employment handbooks, policies, and practices.

Professional and Community Involvement

  • Secretary, Princeton Bar Association
  • Committee Member, Eagleton Alumni Committee, Eagleton Institute of Politics at Rutgers University
  • New Jersey Women Lawyers Association
  • Mercer County Bar Association
  • New Jersey Bar Association
  • American Bar Association
  • Sidney Reitman Employment Law American Inn of Court (2017 – 2019)

Awards and Recognition

  • Named to Best Lawyers list as “Ones to Watch” for Commercial Litigation/Labor and Employment Law – Management (2021, 2022)
  • Order of the Coif

Articles and Presentations

Articles:

  • Guiding Employers in the #MeToo Era, At Issue, Pennsylvania Bar Association’s Young Lawyers Division Newsletter (March 2020)
  • Jenny Craig  Arbitration Didn’t Measure Up: What Does it Mean to Have the Minds Meet?“, New Jersey Labor & Employment Law Quarterly, NJSBA (2019)
  • “New Jersey Diane B. Allen Equal Pay Act Only Applies to Conduct Occurring on or after July 1, 2018”, Guest Column, CCSNJ (2019)
  • “Asking How Much an Applicant was Previously Paid Could Actually Cost You,” Guest Column, CCSNJ (2017)
  • “Are We There Yet? – VAWA 2013: Same-Sex Legal Acceptance,” Seton Hall Legislative Journal: Vol. 39: Iss. 1, Article 5, 2015. Available here.

Presentations:

  • National Business Institute, “COVID-19 Update: Leave, Litigation & Lingering Risks,” Delaware Employment Law & HR Update 2021 (October 19, 2020)
  • NAWBO South Jersey, “Virtual Coffee & Connections: COVID-19 Employment Law Issues” (July 21, 2020)
  • NJBIA, “Accommodating Leave: How Disability Figures into NJ’s Leave Laws” (February 28, 2020)
  • Princeton Bar Association, “Employment Law Update (Wage and Hour Law and More)” (January 2020)
  • Archer Annual L&E Seminar, Wage and Hour Update – Latest Update in New Jersey and Nationwide (November 2019)
  • NJBIA, “Living in the World of #MeToo” (October 18, 2019)
  • Philly I-Day Convention, “Impact of #MeToo on the Legal Obligations and Risk for Employers” (April 9, 2019)
  • Archer Annual L&E Seminar, Employee Leaves of Absence in New Jersey under the FMLA/NJFLA and the ADA/NJLAD (November 2018)

NEWS & EVENTS

Archer Prevails in Bi-State Regulations Case

President Biden Requires Private Employers Mandate COVID-19 Vaccine or Weekly Testing

Ask Archer: An "Emergency" Fireside Chat on the Biden Administration Vaccine Mandate