News & Insights

What’s the Law? Attorney-Client Privilege and Work Product Doctrine in Internal Investigations

Archer attorneys, Peter Frattarelli and Simone Adkins, co-authored the New Jersey Lawyer article, “What’s the Law? Attorney-Client Privilege and Work Product Doctrine in Internal Investigations.” The attorney-client privilege analysis is never an easy one when internal investigations are conducted. In their article, Peter and Simone discuss navigating the complex waters of internal investigations when employers rely on the assistance of counsel. Often questions and confusion revolve around knowing what aspects of the investigation may be protected by the attorney-client privilege or work product doctrine, and outside the scope of discovery. New Jersey courts have evaluated this issue and developed an outline of how to address these situations. To read the complete article, click here. ...read more

In the Face of Affirmative Action: Persisting With Law Firm Diversity Efforts

The Supreme Court decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023) held that affirmative action programs are unconstitutional in private college admissions. The decision left businesses that are committed to diversity initiatives worried about what it would mean for their DEI programs. However, the decision does not invalidate private employment diversity efforts. Shelley Smith, Archer’s Chief Diversity, Equity and Inclusion Officer and Partner in the firm’s Business Litigation and Labor and Employment Groups, recently authored The Legal article, “In the Face of Affirmative Action: Persisting with Law Firm Diversity Efforts,” which reviews the Supreme court decision. In the article, Shelley discusses the legal field being among the least diverse professions and how law firms can continue working towards a more diverse and inclusive industry - despite the current attacks against affirmative action. To read the article, click here. ...read more

Michael Horn & Dylan Newton Co-Author ROI-NJ Article, "Post-Pandemic Litigation: Trade Secrets, Vendor Contracts and Employment Policies May Top List"

"Post-Pandemic Litigation: Trade Secrets, Vendor Contracts and Employment Policies May Top List" By: Michael Horn & Dylan Newton, ROI-NJ (July 12, 2021) ...read more

DOJ Extends ADA Web Accessibility Deadline to April 2027

On April 20, 2026, the U.S. Department of Justice (DOJ) issued an interim final rule extending the deadline for public colleges and universities to comply with updated ADA Title II web accessibility requirements. The original April 24, 2026 deadline has been pushed to April 27, 2027, with certain smaller institutions receiving an additional year, until April 26, 2028. The extension provides additional time, but does not change the scope of the underlying obligations or the risk of enforcement. ...read more

Can a University Outsource its Title IX Responsibilities?

A poster in a higher education forum on Reddit recently posed the question, “People who work in Title IX positions: do you like your jobs?” While a few respondents offered modestly positive feedback, the overwhelming majority were negative, describing the work as a “tough gig,” “extremely difficult,” “not rewarding at all,” and even stating that “there is NO happiness connected to any position with Title IX.” Those responses reflect what many institutions already know: Title IX compliance is complex, resource-intensive, and often fraught with institutional risk. Which raises an important question for colleges and universities—can a higher education institution outsource its Title IX obligations? ...read more

New Jersey Adopts Revised Worker Classification Regulations Effective October 1, 2026

On May 5, 2026, the New Jersey Department of Labor and Workforce Development (“NJDOL”) adopted revised regulations interpreting the state’s “ABC Test” for determining whether workers are employees or independent contractors. The regulations will take effect on October 1, 2026. ...read more

New Jersey Appellate Court Provides Guidance for Establishing Independent Contractor Relationship

In a legal landscape where it seems almost impossible to properly classify and compensate a worker as an independent contractor, the New Jersey Appellate Division recently provided guidance for employers attempting to avoid employee misclassification. On March 26, 2026, the court in Sanger v. Next Level Business Services, Inc. affirmed the dismissal of a worker’s New Jersey Law Against Discrimination (NJLAD) claims, ruling that she was an independent contractor and therefore not protected by the statute. ...read more

New Jersey Supreme Court Issues Major Decision Expanding Employer Liability in Unpaid Wage Claims, Emphasizing Importance of Strict Recordkeeping

The New Jersey Supreme Court issued a major decision on March 19, 2026, which impacts any employer defending against unpaid wage and overtime claims. In a ruling that underscores the critical importance of employer recordkeeping, the Court in Lopez v. Marmic LLC, 2026 WL 771528 (N.J. Mar. 19, 2026), set a rigorous standard that makes it significantly more difficult for businesses to defeat employee wage claims when accurate time records are missing. Instead of requiring employees to prove their claim for unpaid wages, the Court found it sufficient for an employee to approximate their claim with a “rebuttable presumption” that the employee’s claim for unpaid hours are accurate. ...read more

New Jersey's New 'ABC Test' Rules Leave Room for Further Clarification, Litigators Say

Scott Sears was recently quoted in a Law.com article discussing New Jersey’s newly adopted regulations governing employee versus independent contractor classification under the state’s “ABC Test.” ...read more

Harassment and Discrimination in the Workplace

In speaking to New Jersey Business Magazine about predictive measures every employer must have regarding harassment and discrimination in the workplace, partner Peter L. Frattarelli spoke about formal procedures. Chair of Archer's Labor & Employment Group, Peter said, "Employers  need to lay out a complaint procedure that employees can use to the extent they feel that they’re a witness to a harasser and/or they are a victim of harassment. Employees should be allowed to complain to pretty much anybody in the organization who’s in a position of authority." ...read more

Lawyers Weigh 'Right to Disconnect' During Remote Work

In the ALM.COM article, "Lawyers Weigh 'Right to Disconnect' During Remote Work," partner Peter Frattarelli was asked for his thoughts on employers after-hours communications with their employees. Some jurisdictions are considering penalties for bosses who require workers to reply to their late-night calls, emails and text messages. There is a measure pending in New Jersey's General Assembly establishing a fine for employers who continually do this. ...read more

Peter Frattarelli to be Interviewed on New Jersey 101.5 Town Hall Broadcast

Peter Frattarelli, Chair of Archer’s Labor and Employment Group will be interviewed on New Jersey 101.5 Town Hall broadcast, hosted by Eric Scott, scheduled for Thursday, November 11th at 7:00pm. This program will  focus on vaccine mandates and the legal obligations, rights and options available for both employer and employee. ...read more

Peter Frattarelli Interviewed on New York’s TALK1300AM & 98.7FM Talk Radio Segment “The Paul Vandenburgh Show”

Peter Frattarelli, Chair of Archer’s Labor and Employment Group was interviewed for the second time on New York’s talk radio, The Paul Vandenburgh Show, on the recent revelation of one of New York Governor Andrew Cuomo's alleged sexual assault victims coming forward. ...read more

Peter Frattarelli Elected President of Board of Directors of Habitat for Humanity of Burlington and Mercer Counties

Archer partner Peter L. Frattarelli was recently elected President of the Board of Directors of Habitat for Humanity of Burlington and Mercer Counties, a nonprofit organization and affiliate of the national organization that has been working for decades to provide decent, affordable housing to families. Peter is a longtime Habitat volunteer and Officer of the Board of Directors, most recently serving as Vice President. Over the past nine years, he has used his experience in labor and employment law to provide assistance and guidance to the organization.  Peter will serve as President for a two-year term ending on June 30, 2023. ...read more

2026 HR Boot Camp

Archer Labor & Employment attorneys will present the 2026 Chamber of Commerce of Southern New Jersey’s Annual “HR Boot Camp.” ...read more

Annual Labor & Employment Seminar

Join Archer’s Labor & Employment Group for our Annual Labor & Employment Seminar. Stay up to date on the major state and federal laws impacting labor and employment practices. ...read more

Labor and Employment in New Jersey and Italy

Peter Frattarelli, partner and chair of Archer’s Labor and Employment Group, will moderate “Labor and Employment in New Jersey and Italy” at the NJSBA 2025 Mid-Year Meeting. The panel will feature attorneys from both regions discussing similarities and differences in labor and employment law, alongside judges, scholars, and thought leaders offering insight into the latest developments in the law with an Italian twist.    ...read more