Peter L. Frattarelli is the Chair of Archer’s Labor & Employment Practice Group. He regularly represents management and employers in labor and employment litigation and proceedings. Peter has extensive experience defending employers and individuals against harassment and discrimination lawsuits, as well as before state and federal administrative agencies. These include claims for race, gender, sex, disability, national origin and age discrimination. His management defense experience has been in a wide variety of contexts, ranging from unlawful discipline through wrongful termination. Peter’s litigation experience also includes an emphasis on defending against retaliation and “whistleblower” claims. He has handled numerous cases defending employers against claims of failure to accommodate the needs of disabled persons, including several cases that sought to extend the disability protection laws against employers and places of public accommodation.
Peter also has an extensive labor law background, representing and providing advice to employers, in a number of different contexts, ranging from day-to-day wage and salary issues up to actions and proceedings involving labor organizations. This includes the defense and prosecution of unfair labor practice charges before the National Labor Relations Board as well as representing employers involved in union election campaigns. He has also successfully represented employers in proceedings in state and federal court seeking to enjoin union picketing. In addition, Peter’s labor law experience includes the defense of numerous individual employee grievances filed before neutral arbitration panels. He also has negotiated for, and counseled, management during union collective bargaining agreements for private and public sector employers. Pete has conducted harassment and discrimination training for numerous clients across the country.
Representative Experience*
- Received defense verdict for employer and owner in disability harassment and discrimination case against medical practice.
- Received defense verdict in federal court for District of New Jersey in whistleblowing case brought by employee of energy subsidiary of Fortune 500 electrical and energy utility company.
- Received defense jury verdict in three-week whistleblower case filed against Fortune 500 laboratory testing company.
- Received defense jury verdict in race discrimination case against Fortune 500 utility company.
- Currently Solicitor for fire district in New Jersey, a local governmental body.
- Received favorable decision dismissing claims of improper wage classification by printing company employee trucking and service industries.
- Received favorable and novel reported decision from New Jersey Federal District Court interpreting provisions of a Federal law offering long term care insurance to employees and retirees, which rejected a retiree’s claim that the Federal law violated disability discrimination laws Currently Labor Counsel for electrical contracting organization of union contractors for Southern New Jersey.
- Received favorable and novel reported decision from New Jersey Federal District Court upholding protections of attorney-client privilege in employer in-house investigation of discrimination complaints Received favorable decision from New Jersey Federal District Court dismissing age and disability discrimination claims of former employees involving comments not previously addressed by the Federal Courts in the applicable Circuit.
- Received favorable decision from New Jersey Federal District Court dismissing reverse race discrimination and family leave claims asserted against Fortune 500 company.
- Represented citizens group in election redistricting case in Pennsylvania, by stepping in as appellate counsel obtaining reversal of unfavorable lower court judgment, on appeal to Pennsylvania Commonwealth Court. As part of this case, assisted local school district with unprecedented re-districting trials, a special general election and the redrawing of thirty-plus year old election boundaries.
- Represented a multi-state chemical company in binding commercial arbitration arising out of the sale of chemical plants and the alleged breach for the failure to provide several promised chemical supply contracts. Assisted client in receiving arbitration award in excess of $10,000,000 following weeks of hearings.
- Negotiated numerous collective bargaining agreements for industrial clients, including glass manufacturer, electrical generating stations, metal manufacturer, trucking companies and service organizations. Negotiated numerous collective bargaining agreements for local New Jersey public entities.
*Results may vary depending on your particular facts and legal circumstances
Professional and Community Involvement
- New Jersey State Bar Association (including Executive Committee position with Labor and Employment Law Section)
- Delaware Bar Association
- American Bar Association
- Camden County (NJ) Bar Association
- Barrister and Treasurer, Sidney Reitman Labor and Employment Law Inns of Court
- Justinian Society (Italian-American attorneys organization)
- Board Member, Societa da Vinci (Wilmington, DE)
- Board Member, Holy Family Regional Catholic School
- Coordinator for Camden County High School Mock Trial Competition
- President of the Board of Directors, Habitat for Humanity, Greater Burlington and Mercer County (NJ) Chapter
- Adjunct Professor, Rowan University, Legal Aspects of Human Resources (2017-present)
Select Articles
- “NLRB Signals Intent to Invalidate Many Employee Non-Compete Agreements,” Archer & Greiner, P.C. Client Alert (June 2023)
- “A Five-Figure Paycheck and Six-Figure Annual Compensation is Not Enough to Avoid the FLSA’s Overtime Requirements,” Archer & Greiner, P.C. Client Alert, (2022)
- Delaware Court Latest to Point the Twitter Finger: Tweets Can Constitute Actionable Expressions of Fact, MediaLawLetter (January 2022)
- “New Jersey Passes Law To Eventually Increase Minimum Wage to $15 Per Hour” (Chamber of Commerce of SNJ, 2019)
- “Spotlight Unions: How to Play Defense” (NJBIZ Newspaper, 2019)
- “Sexual Harassment in the Workplace – Panel Discussion” (NJBIZ Newspaper, 2018)
- “Pressure Grows For Statewide Paid Sick Leave In NJ” (Law360, Aug. 2014)
- “Student Athlete’s Claim Against NCAA for Minimum Wage ‘Weak’” (Society for Human Resource Management, Oct. 2014) Speaker, Labor and Employment Laws in Italy, National Electrical Contractors Association Eastern Regional Meeting (Rome, Italy – March 2009)
- “Individual Liability Under CEPA: A Crack in the Foundation” (New Jersey Labor and Employment Law Quarterly, 2005)
- “Commentary: Finally, a Supreme Court Decision Management Lawyers Can Love” (New Jersey Law Journal, October, 2002)
- “Federal Discovery Rules Dramatically Change” (Corporate Counselor, December, 1993)
Past Speaking Engagements and Seminars
- Recent Developments in New Jersey Law: 2015, 2016, 2017, 2018, and 2023 Update (Provided by NJICLE)
- Employment Law at New Jersey State Bar Association Mid-Year Meetings in Rome, Italy (2013 and 2018), Madrid, Spain, 2017), Amsterdam, Netherland (2016), (New Orleans, LA (2015), Rome, Italy (2013) and Las Vegas, NV (2012)
- Mid-Year Meeting of the New Jersey State Bar Association (2012-2013; annually, 2014-present)
- Pre-Employment Background Screening: FCRA, EEOC, Ban- the-Box, State and Local Law Compliance (February 2018)
- American Arbitration Association and the National Academy of Arbitrators Mid-Atlantic Region, Meet the Advocates ( February 2018)
- NJBIZ for Sexual Harassment in the Workplace: Panel Discussion (January 2018)
- Recent Developments in New Jersey Labor & Employment Law (2013, 2014, 2015, 2016, 2017 and 2018)
- National Business Institute, National Broadcast “Workplace Drama & Conflict: Legal Solutions for Trick Situations” (March 2019)
- New Jersey Employment Law Update, South Jersey Chamber of Commerce HR Council (May 2019; June 2018)
- HR Bootcamp Presentation, South Jersey Chamber of Commerce (Annually, 2011-2018)
- Crystal Ball on Wage and Hour Laws, NJ Business and Industry Association (April 2019)
- National Webinar, Strafford Seminars, Pre-Employment Screening (Feb. 2018)
- Employment Law Roundtable, NJICLE, Using Employment Torts Tactically (Dec. 2017)
In the News
- “Evidence Against Fox News in Del. Case May Support Strongest-Ever Argument for Actual Malice,” Delaware Law Weekly (4/14/23)
- “The Paul Vandenburgh Show/ NY Governor Andrew Cuomo’s Alleged Sexual Assault Victims Coming Forward,” New York Talk Radio (Part 1, 8/4/21)
- “The Paul Vandenburgh Show/ NY Governor Andrew Cuomo’s Alleged Sexual Assault Victims Coming Forward,” New York Talk Radio (Part 2, 8/10/21)
- “9 Answers To Your Most Pressing Unemployment Questions,” Forbes (6/23/20)
- “Back to Work: As South Jersey Looks to Reopen Its Economy, Business Leaders Are Adopting New Norms to Make Sure They Do So Safely and Effectively,” South Jersey Biz (May 2020)
- “Reopening the office: Masks, temperature checks, reluctant workers. Employment lawyers answer your questions,” Philadelphia Business Journal (5/13/20)
- “Taking their time: What small businesses need to know about COVID-related paid leave rules,” ROI-NJ (4/15/20)
- “How to Talk About Your Mental Illness at Work,” Health.com (2/24/20)
- “DOL (finally) finalizes overtime rule,” Human Resource Executive Magazine (9/25/19)
- “What the Proposed Overtime Changes Mean for Employers,” Human Resource Executive Magazine (8/21/19)
- “NJ’s New Employment Law Regulations,” New Jersey Business Magazine (8/1/19)