COUNSELING LITIGATION MEDIATION ARBITRATION
Representation of clients on all matters of labor and employment law and employee relations, including:
- Litigation in federal and state courts,
- Litigation in federal and state administrative agencies,
- National Labor Relations Board proceedings,
- Maintaining a Union-Free Workplace-Union Avoidance,
- Negotiation and administration of collective bargaining agreement,
- Grievance and Arbitration proceedings under collective bargaining agreement,
- Negotiation of employment contracts and employment related agreements,
- Equal Opportunity proceedings,
- Occupational Safety & Health proceedings,
- Wage & Hour proceedings,
- Arbitration of non-union employee disputes.
- Counseling and drafting of H.R. Policies and Practices
The litigation practice before federal and state courts and administrative agencies include matters involving: (i) wrongful discharge/termination of employment, (ii) employment discrimination (for example, race, sex, sexual orientation, age, national origin, religion, creed, disability, pregnancy, disability, handicap, etc.) under the Title VII, Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act, the American with Disabilities Act, the Pregnancy Discrimination Act, the Civil Rights Act of 1866 and 1871, the Federal Rehabilitation Act, the New Jersey Law Against Discrimination, the New York Human Rights Law, Family and Medical Leave Act, New Jersey Family Leave Act, and various other federal, state and local laws, (iii) sexual harassment and other forms of harassment, (iv) employment contracts, (v) restrictive covenants, trade secrets and confidentiality agreements, (vi) ERISA and employee benefit claims, (vii) occupational safety and health (OSHA) (viii) wage and hours (Fair Labor Standards Act), (ix) the Workers Retraining and Notification Act (WARN Act), (x) COBRA, (xi) unemployment, (xii) workers compensation, (xiii) employee tort claims, (xiv) employee/minority shareholder disputes, (xv) independent contractor claims, and (xvi) other employment-related litigation.
Traditional labor matters include providing legal advice to unionized and non-unionized employers and representation of clients before the NLRB and various courts and agencies. The practice involves providing legal advice to employers relating to maintaining a union-free workplace, NLRB representational petitions, NLRB unfair labor practice and compliance proceedings, negotiation and administration of collective bargaining agreements, grievance and arbitration under the collective bargaining agreement, strike preparation and injunctions of strikes.
The practice also involves counseling on and drafting of Human Resources and Personnel Practices and Policies on (i) advertising for employment, interviewing, and hiring, (ii) workplace privacy, workplace safety, workplace violence and drug and alcohol matters (iii) discipline and termination practices; (iv) drafting Employee Handbooks and Policies, Employment Agreements, Non-Competition and Trade Secrets Agreements, Confidentiality Agreements, Severance Agreements and Releases, Employee Waivers and Releases; (v) and compliance with laws.
Representation of clients in employee benefit matters, including pension, health and welfare and disability matters governed by the ERISA both before and after litigation.
Representation of clients in contract negotiations, contract preparation and enforcement of contract and in commercial and general business matters.
Representation of clients in shareholder disputes under the various corporate laws and Oppression of Minority Shareholder statutes.
Representation of companies seeking to do business with or doing business with various government agencies relating to public bidding for contracts, the awarding of public contracts, negotiation and administration of public contracts and litigation relating thereto, such as challenges to the awarding of contracts, responsibility of bidders and breach of contract claims.
Representation of clients in insurance disputes.
The Firm represents clients in mediation and arbitration matters.
Mr. Cincotta is a New Jersey, Rule 1:40 qualified mediator on the Roster of New Jersey Court approved mediators for the Counties of Bergen, Burlington, Essex, Hudson, Mercer, Middlesex, Monmouth, Ocean, Passaic, Somerset and Union, and accepts cases in all Counties of New Jersey as a Mediator in private mediation.