On August 18, 2022, in the wake of the uncertainty visited upon the healthcare industry by the pandemic, New Jersey Governor Phil Murphy signed into law new legislation protecting employees during the transfer in ownership of healthcare entities. The new law prohibits employers from terminating employees absorbed through a consolidation, merger, reorganization, etc., during a
Partner, Employment Law and Litigation Departments
Mr. Clymer primarily focuses his practice on employment litigation and counseling. His litigation experience encompasses the investigation, evaluation and litigation of discrimination and retaliation claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family & Medical Leave Act (FMLA), the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), and other employment law statutes. He provides representation from pre-litigation status through trial in state and federal court, including the defense of clients in appellate court proceedings.
In the area of employment counseling, Mr. Clymer provides guidance on a variety of employment issues in the workplace, including accommodation requests, employee benefits, leaves of absence, workplace investigations, workplace policies and procedures, employee handbooks, and severance agreements. He advises clients on legal compliance issues including those arising under the Occupational Safety & Health Act (OSHA) and the federal Fair Labor Standards Act (FLSA), in addition to other state and federal laws, rules, and regulations.
Mr. Clymer’s experience with employment-related workplace investigations is broad-based. He has conducted prelitigation investigations to determine the likelihood of successful litigation and has counseled those clients to avoid litigation where possible. In matters where employment litigation is already underway, he has conducted workplace investigations to assess the validity of employment discrimination, harassment, retaliation, and whistleblower complaints during all stages of the litigation process from initial filing through trial.
Mr. Clymer also represents clients in commercial matters and has represented businesses in the litigation of restrictive covenants, shareholder/member disputes, breach of contract actions, and other business tort matters in state and federal court.
Mr. Clymer previously served as a Deputy Attorney General at the New Jersey Office of the Attorney General, Department of Law and Public Safety, Division of Law. In that role, he handled civil defense litigation in state and federal court with a primary focus on employment litigation, including claims filed under Title VII, ADEA, ADA, FMLA, NJLAD, and CEPA. He also represented governmental agencies in state and federal trial and appellate courts and in administrative hearings before the Office of Administrative Law
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Signed into law by President Joe Biden in March 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 amended the Federal Arbitration Act (FAA) to effectively ban the pre-dispute arbitration of sexual harassment and sexual assault claims. Although this important legislative update has often been framed within the employment context,…