Schall and Barasch LLC

News & Articles

White House Report: Non-Compete Agreements

May 23rd, 2016 » Uncategorized

May 2016 White House Report: 30 Million American Workers Now Covered By Non-Compete Agreements By Richard M. Schall May 21, 2016 Here at Schall & Barasch, we have far too often seen the harsh, and sometimes devastating, effects non-compete agreements can have on New Jersey employees. A report by issued by the White House, on...

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Credit Checks in the Workplace: Unhelpful, Unpleasant, and Unlawful

May 6th, 2016 » Employment Law Articles

At first, it seems harmless. After all, your new employer has already run a background check on you. Isn’t a credit check merely the next step in proving you’re an upstanding member of society? False. In most cases, credit checks have no bearing whatsoever on the ability of an employee to do his or her...

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If You’re Disabled, What Do New Jersey Employment Laws Require of Your Employer?

April 28th, 2016 » Employment Law Articles

If you have a disability, you may still be fully able to work, particularly if provided with a reasonable accommodation. For example, if you have a back injury, you may be able to request that certain of your non-essential job duties be reassigned or eliminated. Or, if you are unable to travel, your employer may...

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Equal Pay for Equal Work: Women’s National Soccer Team Lawsuit

April 20th, 2016 » Employment Law Articles, News

Equal Pay for Equal Work: Why the Women’s National Soccer Team Should Win Their Lawsuit In 1963 Congress enacted the Equal Pay Act, which requires that women receive equal pay for equal work. While, over the past 50-some years, thousands of lawsuits have been filed alleging violations of the Act, with varying degrees of success,...

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Sexual Harassment in the Restaurant Industry

April 19th, 2016 » Employment Law Articles, News

Calling a waitress darlin’ and shamelessly flirting (and annoying) her for hours on end may be an amusing gimmick in films and television, but these days it just won’t fly in the workplace – or, at least, it shouldn’t. Unfortunately for many women, as well as men, in the food service industry, sexual harassment is...

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Protections for Breastfeeding Employees: Are They Enough?

April 12th, 2016 » Employment Law Articles

After any maternity leave a new mother has chosen to take, readjusting to life in the workplace can continue to be difficult. Not only is she away from her child consistently for the first time, but she is also still dealing with a body that still seems foreign. The mothers who have chosen to breastfeed...

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Sexually Harassed At Work: What To Do

April 5th, 2016 » Uncategorized

If You’ve Been Sexually Harassed At Work, What To Do (And What Not To Do!) written by Patricia Barasch It’s hard to listen to the news these days without hearing about sexual harassment in the workplace. Unfortunately, it seems to be a fact of workplace life reaching all types of job sectors and industries and...

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NJ Supreme Court: Emotional Distress Damages

March 24th, 2016 » Uncategorized

EMOTIONAL DISTRESS DAMAGES: HOW MUCH IS TOO MUCH? NEW JERSEY SUPREME COURT HEARS ARGUMENT IN EMPLOYMENT DISCRIMINATION CASE. written by Richard Schall On March 15, 2016, I had the pleasure of appearing before the New Jersey Supreme Court on behalf of the National Employment Lawyers Association of New Jersey in the case of Cuevas v....

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Are Non-Compete Agreements Fair?

March 21st, 2016 » Uncategorized

Are Non-Compete Agreements Fair? New Jersey Employment Lawyers Share Their Views: Simply put, we don’t think so. But unfortunately, under the current state of New Jersey employment law, the courts will still enforce these agreements if, in the eyes of the judge asked to review them, they protect some “legitimate business interest” and are reasonable...

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When It’s Legal to Pay Less Than Minimum Wage in New Jersey

March 7th, 2016 » Uncategorized

Most employees in New Jersey receive a minimum wage of $8.38 per hour. For those who are tipped, however, the laws are different. According to the State of New Jersey Department of Labor and Workforce Development, employees who are regularly tipped as part of the job are entitled to just $2.13 an hour by their...

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Schall and Barasch LLC* Schall and Barasch LLC** Schall and Barasch LLC*** Schall and Barasch LLC Schall and Barasch LLC****

* In every year since 2014, the law firm of Schall & Barasch has been included in the Tier 1 list of best law firms in New Jersey practicing in the field of employment law on behalf of individuals. This list is compiled by U.S. News & World Report. A description of the selection methodology can be found at

** The methodology for the Avvo ratings of Richard Schall and Patricia Barasch can be found at

*** In every year since 2009, Richard Schall has been chosen to be included on the list of Best Lawyers in New Jersey practicing in the field of labor and employment law. The Best Lawyers list is issued by Best Lawyers International. A description of the selection methodology can be found at

**** In every year since 2005, both Patricia Barasch and Richard Schall have been chosen to be included on the list of Super Lawyers in New Jersey practicing in the field of employment law on behalf of plaintiffs. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at

No aspect of these advertisements has been approved by the Supreme Court of New Jersey.