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Her counseling practice includes partnering with employers to handle claims of harassment, discrimination and retaliation by current and former employees before litigation is filed; managing artificial intelligence as a workplace tool; advising on diversity, equity, and inclusion; strategizing on leave and accommodation requests under the Family and Medical Leave Act and Americans with Disabilities Act; and addressing discipline, performance management, and termination issues. Brigette also supports employers when implementing reductions in force.
In addition to her counseling practice, Brigette serves as an independent investigator of harassment, discrimination, and whistle-blower claims raised in the workplace. She also trains employers and their workforce on anti-discrimination laws, workplace diversity/sensitivity, leave issues, and performance management. Her practice also includes drafting employee handbooks, non-compete and non-solicit agreements, employment agreements, confidentiality agreements, and severance agreements.
She routinely defends employers in administrative actions (the EEOC), responding to attorney demand letters and settling claims (where appropriate).
Brigette is admitted to practice law in New Jersey and Pennsylvania.
Her recent activities include:
Brigette earned the 2019 through 2024 ADA Training Certificate on completion of intensive training on the Americans with Disabilities Act conducted by the National Employment Law Institute. She was published in the New Jersey Law Journal/Law.com in March 2020, in an article entitled, “Measuring Up,” as well as in ROI-NJ in February 2020 in an article entitled "How to be a rainmaker … by a lawyer who is not one."
Human Resources Counseling & Compliance, Employment Law & Litigation, Education Law , Technology & Innovation Law
Pharmaceuticals, Biotech, Medtech & Life Sciences, Financial Services, Auto Dealers & Manufacturers, Construction & Engineering, Education, Professional Services, Retail
LEGAL DEVELOPMENT: The NJ Department of Labor (NJDOL) entered into a $2.7 million dollar settlement with STG Logistics, Inc. and other transportation and logistics companies for misclassifying employees as independent contractors. The NJDOL claimed that when the companies misclassified these individuals, they failed to: pay required wages under NJ’s wage and hour laws, maintain records on hours worked, provide statutory NJ Earned Sick Leave law, maintain workers’ compensation insurance, and make contributions to the Unemployment Compensation and State Disability Benefits Funds. Let me repeat it: the alleged misclassifications resulted in a $2.7m settlement.
HR TIP: Employer exposure for misclassification includes: backpay (owed minimum wage and overtime), liquidated damages up to 200% of owed wages, a separate penalty of up to 5% of the worker’s gross earnings for the last 12 months, plus monetary penalties to the NJDOL. The NJDOL also has the authority to issue stop work orders and suspend or even revoke the company’s business license. If your company has any independent contractors, take a hard look to ensure they are true independent contractors and not employees. Review the NJDOL’s new interpretative regulations on misclassification. Take preventative action before the NJDOL comes knocking.
LEGAL DEVELOPMENT: We’ve covered the amendments to the New Jersey Family Leave Act (NJFLA) in our recent HR TIPs. Last week, we highlighted the Department of Labor’s FAQs on the amendments. This week we have:
HR TIP: It’s time to update your Company’s NJFLA workplace poster, NJFLA/FMLA cover letters and packets, and policies on FMLA/NJFLA/NJFLI/NJTDI. The question is – what is the best way to do this, given the anticipation of interpretative regulations? One option - consider rolling out an individual leave policy now, followed up later, with an annual handbook update that incorporates your new policies.
Results may vary depending on your particular facts and legal circumstances.
Results may vary depending on your particular facts and legal circumstances.