David M. Wissert

Lowenstein Sandler PC

Contact Info

Recently by David M. Wissert

When What You Don't Know Can Hurt You: Recent New Jersey Appellate Court Decision Extends Employer Liability to Unknown, Unreported Co-Worker Harassment

So, you have a written policy against harassment, and you distribute it to all employees. A male employee (not a supervisor) engages in repeated sexually harassing behavior against a female employee. The victim fails to report the behavior for more than two years, but is ultimately urged to do so...

Read More

Federal Minimum Wage Increase Impacts Employers In Many States

The federal minimum wage has increased from $5.15 per hour to $5.85 per hour effective July 24, 2007, and will further increase to $7.25 over a period of two years. Employers whose employees are located exclusively in states with minimum wage requirements in excess of the federal minimum wage (such...

Read More

Independent Contractors Now Protected By New Jersey's Whistleblower Law

A recent court decision expands the class of individuals entitled to the protections and remedies of New Jersey's "whistleblower" law, the Conscientious Employee Protection Act ("CEPA") N.J.S.A. 34:19-1 et seq. CEPA protects an employee from retaliatory action when she objects to a practice she...

Read More

Sarbanes-Oxley Strikes . . . . The First Whistle Has Been Blown

When the Sarbanes-Oxley Act (the "Act" or "Sarbanes-Oxley") was enacted in 2002, it was inevitable the day would arrive when an employee would attempt to use the Act's whistleblower provisions against his publicly-traded employer. Although New Jersey's Conscientious Employee Protection Act ("CEPA...

Read More

Are Physician Post-Employment Noncompete Agreements Enforceable?

In this increasingly mobile society, employers are turning more frequently to noncompete agreements, which prohibit their professional employees from competing with the employer in a certain geographic area and for a certain period of time following termination of employment. The medical profession...

Read More