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

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 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

Court Strikes Down Overtime Rule That Increased Salary Thresholds for Overtime Exemptions

On November 15, 2024, the United States District Court for the Eastern District of Texas set aside and vacated the United States Department of Labor (DOL) rule that expanded overtime eligibility for employees.  The rule had been issued by the DOL earlier this year, increasing the minimum salary levels for an exemption to the overtime requirements.  To qualify for what is known as a “white-collar” exemption to overtime, and in addition to other requirements, employers must pay employees a minimum salary. The minimum salary requirement had been $684 per week, or $35,568 annually.  Pursuant to the first part of the new DOL rule, which had already gone into effect on July 1, 2024, the minimum salary for an overtime exemption increased to $844 per week, or $43,888 annually.  The minimum salary was set to increase again on January 1, 2025 to $1,128 per week ($58,656 annually), meaning that employees who earned less than that amount would be generally entitled to overtime pay if they worked more than forty hours in a week. The court, however, struck down the entire rule and did so on a nationwide basis.  Thus, the minimum salary requirement for an overtime exemption is now $684 per week again ($35,568 annually).In setting aside the rule, the court reasoned that the DOL exceeded its authority by increasing the salary thresholds too high, which the court stated in essence created a “salary only” test for overtime exemption eligibility. The increase scheduled for January 2025, for example, would have resulted in a 65% increase from the $684 per week requirement. This was problematic because the Fair Labor Standards Act (FLSA), which sets forth the white-collar exemptions, provides for a job duties test as well for an overtime exemption, whereby employees must primarily perform certain executive, administrative, or professional duties to qualify for an overtime exemption.  The court explained that the DOL increases “effectively eliminate[d]” consideration of this other test. The DOL rule also provided for automatic increases to the minimum salary threshold every three years. The court held that the DOL also lacked this authority because the FLSA requires each increase to occur via regulation under the Administrative Procedure Act.Given this court ruling, the DOL increases to the minimum salary requirements are now null and void. However, employers must keep in mind that some states have minimum salary requirements that are greater than the requirement under the FLSA. And while the recent presidential election result may mean that the DOL will not appeal this court decision, it remains to be seen whether the new administration will enact a smaller increase to the minimum salary requirement.If you have any questions or need more information, please contact Douglas Diaz at ddiaz@archerlaw.com or 856-616-2614, or any member of Archer’s Labor and Employment Group. ...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

Unanswered Questions on Remote Work Complicate NJ Wage Transparency Law, Litigators Say

Labor & Employment Group Chair, Peter L. Frattarelli, spoke with the New Jersey Law Journal regarding the wage transparency legislation saying he will advise clients on two main priorities to meet before New Jersey’s version of the law takes effect on June 1. He noted employers need to be ready to comply with the new law by the effective date, adding that any pay disparity between employees needs to be justified because of this new legislation and existing pay equity law. However, there are unanswered questions about the state’s version of the law which need more clarity. ...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

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

Labor and Employment Law Update – Summer 2025 Edition

As part of the New Jersey State Bar Association’s 2025 Summer CLE Conference, Peter Frattarelli, chair of Archer’s Labor & Employment Group, will serve as a moderator and speaker  for the session “Labor and Employment Law Update – Summer 2025 Edition.” Peter and a panel of seasoned practitioners will cover the latest legal developments, case law updates, and workplace trends shaping employment law today. The program will provide attorneys with critical insights into recent decisions and evolving legal standards that are directly impacting employers and employees across New Jersey. ...read more