Montclair, NJ · Serving all of New Jersey
Employment Law
Practical employment counsel and litigation defense for New Jersey employers, from hiring through separation.
Overview
Employment disputes pose significant legal and reputational risks for businesses. I advise employers on compliance with wage and hour laws, discrimination statutes, and workplace policies, while also defending against claims involving harassment, wrongful termination, retaliation, and breach of employment agreements. I also draft and enforce non-compete, non-solicitation, and confidentiality clauses to protect your competitive advantage. If you’re facing an employee complaint or need proactive legal support for your HR practices, I’ll make sure you’re positioned to resolve issues quickly and effectively—let’s safeguard your business.
Employment Counsel From the Employer’s Side
New Jersey is widely regarded as one of the most employee-protective states in the country. The Law Against Discrimination, the Conscientious Employee Protection Act, the Family Leave Act, the Earned Sick Leave Law and the state’s wage and hour statutes impose obligations that go well beyond federal law, and they carry meaningful exposure, including attorney’s fees and, in some cases, punitive or liquidated damages. Small and mid-sized employers often face these rules without a human resources department or in-house counsel.
Mark A. Fantin fills that gap. He advises business owners and managers on day-to-day employment questions, helps them build compliant policies and agreements, and defends them when a claim is filed. Because his practice is centered on businesses rather than individual employees, he understands the operational and financial pressures that shape an employer’s decisions.
Employment Matters We Handle
Representative services include:
- Defense of discrimination, harassment and retaliation claims under the New Jersey Law Against Discrimination and federal statutes such as Title VII, the ADA and the ADEA
- Defense of whistleblower and retaliation claims under the Conscientious Employee Protection Act (CEPA)
- Wrongful termination and breach of employment contract claims
- Wage and hour compliance and defense, including overtime, misclassification of exempt employees and independent contractors, and Wage Payment Law claims
- Drafting and enforcing employment agreements, executive compensation arrangements, commission plans and separation agreements
- Non-compete, non-solicitation and confidentiality agreements, including enforcement actions and defense against overbroad restrictions
- Employee handbooks, workplace policies and required New Jersey notices and postings
- Guidance on investigations, discipline and terminations to reduce litigation risk
- Responses to charges before the New Jersey Division on Civil Rights and the EEOC
Preventing Problems Before They Become Claims
Most employment litigation can be traced to a decision that was made quickly, without documentation, or without a clear understanding of the applicable law. A short conversation with counsel before a termination, a pay change or a response to a complaint often prevents a lawsuit or, at a minimum, puts the employer in a far stronger position if one is filed.
Mark works with employers on an ongoing basis to review handbooks and agreements, train managers, and respond to issues as they arise. For many clients he serves as outside general counsel, which gives them a single point of contact for employment questions and every other legal need of the business.
Restrictive Covenants and Protecting the Business
Non-compete and non-solicitation agreements remain enforceable in New Jersey when they protect legitimate business interests, are reasonable in scope and duration, and do not impose undue hardship on the employee or harm the public. Courts scrutinize these agreements carefully, and legislative proposals to limit them continue to be debated. Mark drafts covenants that are designed to hold up, and he litigates on both sides of enforcement disputes, including emergent applications when a departing employee takes customers or confidential information.
Mark practices from Montclair in Essex County and represents businesses and owners throughout New Jersey, including Morris, Bergen, Union, Passaic, Hudson, Somerset and Middlesex counties, as well as clients in the New York metropolitan area.
Frequently Asked Questions
General information about employment law in New Jersey. It is not legal advice about your situation.
Are non-compete agreements enforceable in New Jersey?+
Yes, within limits. New Jersey courts enforce non-competes that protect a legitimate business interest such as trade secrets, confidential information or customer relationships, that are reasonable in duration and geographic scope, and that do not cause undue hardship to the employee or injure the public. Courts may narrow an overbroad covenant rather than strike it entirely. Legislation to restrict non-competes has been proposed, so the rules should be checked when an agreement is drafted or enforced.
What is CEPA and why do New Jersey employers hear about it so often?+
The Conscientious Employee Protection Act is New Jersey’s whistleblower law. It prohibits retaliation against employees who object to, disclose or refuse to participate in activity they reasonably believe is illegal, fraudulent or against public policy. It is broadly construed, allows recovery of attorney’s fees and punitive damages, and is one of the most frequently asserted claims against New Jersey employers.
Do I need an employee handbook for a small business in New Jersey?+
There is no single law that requires a handbook, but many New Jersey and federal laws require written policies and notices, including anti-harassment, earned sick leave, family leave and wage notices. A well-drafted handbook is also one of the most effective tools for demonstrating that the employer acted consistently and lawfully if a claim is made.
Can I classify a worker as an independent contractor in New Jersey?+
Only if the relationship satisfies New Jersey’s "ABC test," which presumes a worker is an employee unless the business can show the worker is free from control, performs work outside the usual course of the business or outside its places of business, and is customarily engaged in an independent trade. Misclassification carries significant penalties, so these arrangements should be reviewed by counsel.
An employee has filed a complaint with the Division on Civil Rights. What should I do?+
Preserve all relevant documents, avoid any action that could be viewed as retaliation, and contact counsel before responding. The position statement submitted to the agency often shapes the entire case, and an experienced employment attorney can present the employer’s side effectively while protecting against later litigation.
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