Mr. Smith practices in employment litigation and preventative employment practices, including counseling employers on the creation of employment policies, non-compete and trade secret agreements, and training employers to avoid employment-related litigation. He represents both companies and individuals in related complex commercial litigation before federal states courts and administrative agencies in labor and employment cases including race, gender, age, national origin, disability and workplace harassment and discrimination matters, wage-and-hour disputes, restrictive covenants, grievances, arbitration, drug testing, and employment related contract issues.
Mr. Smith also counsels health care clients in reviewing employment contracts, negotiating restrictive covenants and handling actions related to the enforcement of noncompete provisions against physicians and other health care professionals.
Prior to joining Capehart Scatchard, Mr. Smith served as a Judicial Clerk to The Honorable Jerome B. Simandle, former Chief Judge, United States District Court, District of New Jersey, Camden.
Publications
HR Resource - A blog published by the attorneys in Capehart Scatchard’s labor and employment group featuring useful tips for employers and human resources professionals as to how to keep the workplace, and workplace policies, in compliance with state and federal employment laws, 2016 to present.
Public Entity E-Newsletter - A monthly e-newsletter which highlights litigation, employment and workers’ compensation matters which affect public entities, Contributing Author, 2013 to present.
Co-Author, “Pennsylvania Employment Law Deskbook,” Chapter 6 - Terms and Conditions of Employment, 2014 and 2012 Editions.
“September 11th and Its Effect on the Workplace,” Society for Human Resource Management Newsletter.
“Supreme Court Weighs in on FMLA,” Society for Human Resource Management Newsletter.
“The Sarbanes-Oxley Act,” Society for Human Resource Management Newsletter.
“United States Supreme Court Weighs in on FMLA Notice Requirements,” The Metropolitan Corporate Counsel.
“Blowing in the Wind - The Future of New Jersey’s Non-Compete Law,” and “The Do’s and Don’ts of Interviewing,” New Jersey Collegiate Press Association Publication.
Chapter 6 - Terms and Conditions of Employment, Co-Author, “Pennsylvania Employment Law Deskbook,”, 2012 and 2014 Editions.
Classes and Seminars
“Messy, Ugly, and Complex Issues in Employment Law,” National Business Institute, January 2026.
“Avoiding Costly Employment Law Litigation Arising From Workers’ Compensation,” Millennium Seminar, December 2025.
“Safe Discipline and Employee Terminations,” Webinar Planet, September 2025.
“Ethics at Work: Handling Tricky Employment Law Dilemmas,” National Business Institute, August 2025.
“Terminating Employee: When and How AND Unique Considerations When Terminating Employees on Leave,” National Business Institute, May 2025.
“Your Separation Agreements: Protect Your Company After an Employee Leaves,” Lorman, May 2025.
“Employment Listings Transparency Law,” New Jersey Food Council, April 2025.
“Employment Law 2025,” National Business Institute, March 2025.
“The Americans With Disabilities Act (ADA): A Beginner’s Guide for HR Professionals,” National Business Institute, December 2024.
“The Americans With Disabilities (ADA): A Beginner’s Guide to HR Professionals,” National Business Institute, December 2024
“2024 Employment Law Update: New Guidance on Hiring, Firing and Disciplining Employees,” National Business Institute, December 2024
“New Jersey Human Resource Law 2024,” National Business Institute, November 2024
“FCRA Compliance Update for Employers,” Lorman, August 2024
“FMLA, ADA, and New Jersey Leave Law: Noteworthy Developments in State Laws, Tips for Managing Intermittent Leave, and More,” National Business Institute, August 2024
“Employment Law: How to Legally Deal With Problem Employees,” National Business Institute, July 2024
“Employment Law 2024: Labor Law Developments, the Interactive Process, Non-Compete Agreement Updates, and More,” National Business Institute, July 2024
“Dealing With EEOC Administrative Charge Challenges,” White Tiger CLE, July 2024
“2024 Employment Law Update: New Guidance on Hiring, Firing, and Disciplining Employees,” National Business Institute, June 2024
“Avoiding Wage and Hour Audits,” Lorman, June 2024
“2024 Employment Law Update: New Guidance on Hiring, Firing and Disciplining Employees,” National Business Institute, June 2024
“Employee Discipline and Termination - What Every Employer Needs to Know and Do Now,” White Tiger CLE, May 2024
“Policies and Procedures in Dealing With Employees Who Have Been Charged With Crimes,” Lorman, May 2024
“Spring-Cleaning Your Employee Handbook for 2025,” National Business Institute, May 2024
“Pennsylvania Employment Law 2024,” National Business Institute, April 2024
“Drafting and Optimizing Employee Handbooks and Policies,” White Tiger CLE, April 2024
“Human Resources Law Boot Camp: Walk Through the Fundamentals of Human Resources Law,” National Business Institute, February 2024
“Employment Law 2024: Labor Law Developments, the Interactive Process, Non-Compete Agreement Updates and More,” National Business Institute, February 2024
“Background Checks: The Dos and Don’ts,” White Tiger CLE, January 2024
“New Jersey Employment Law 2023: Key Leave Issues, Common Discrimination Claims, Independent Contractors, and More,” National Business Institute, December, 2023
“Hiring, Disciplining, and Firing Employees: What You Need to Know NOW === Hear the Latest Updates in Hiring and Firing Law,” National Business Institute, December 2023
“Employment Discrimination Law: Advanced Issues and Answers = Savvy Tips for Dealing With EEOC Charges, Overcoming Discovery Hurdles, and More,” National Business Institute, November 2023
“Do’s and Don’ts of Drafting and Updating Employee Handbook Policies: FMLA and ADA Policies, Drug and Alcohol Use Policies, and More;” “Social Media and Electronics Policies: Changes You Need to Make in 2023” and “The Top 5 Worst Mistakes that Employers Make with Employee Handbooks,” National Business Institute, October 2023
“Pennsylvania Employment Law: Hiring, Firing and Disciplining Employees - Your Guide to Lawfully Hiring and Terminating Employees,” National Business Institute, August 2023
“Handling Paid Leave Requests in New Jersey,” Lorman Education Services, August 2023
“Toxic Employees: How to Handle Bullying, Harassment, Performance Problems and More,” National Business Institute, August 2023
“Workers’ Compensation, ADA and FMLA Scenarios,” in-house Holman, June 2023
“Understanding the FMLA, ADA and LAD,” in-house Holman, June, 2023
“New Jersey Employment Law 2022: Key Leave Issues, Common Discrimination Claims, Independent Contractors, and More,” National Business Institute, May 2023.
“Legal Dangers of Social Media Recruiting,” Lorman Education Services, May 2023.
“Wage and Hour Law for Paralegals,” National Business Institute, May 2023.
“Background Checks: Top 10 Dos and Don’ts,” Lorman Education Services, May 2023.
“HR Law: Current Issues and Best Practices,” National Business Institute, April 2023.
“New Rules and Recent Developments in Human Resource Law: Part I - Stay Up to Date on New Laws, Recent Trends, and Case Law” and “New Rules and Recent Developments in Human Resource Law: Part II - Keep Up With the Latest Developments and Challenges.” National Business Institute, March 2023.
“Disability Law 2023: A Brief Guide - Protect the Rights of Persons With Disabilities,” National Business Institute, February 2023.
“The Nuts and Bolts of Hiring and Terminating Employees - Best Practices for Conducting Investigations, Firing Employees on Leave, and More,” National Business Institute, February 2023.
“Social Media in the Workplace: Best Practices, Legal Risks, and Case Law - Tips for Drafting Policies, Disciplining Employees, Collecting Email Evidence, and More,” National Business Institute, January 2023.
“Employment Law 101: Brush up on the Fundamentals of Wage and Hour Law, FMLA- and ADA-Related Leave, and More,” National Business Institute, December 2022.
“Advanced Employment Law in New Jersey: Wage and Hour Litigation Trends, Leave Policies, Retaliation, and More!,” National Business Institute, December 2022.
“Hidden Dangers in Human Resource Law: Avoid and Manage Common Employee Classification, Eligibility, and Agreement Oversights,” National Business Institute, November 2022.
“Employee handbooks and Policies for Small and Medium-Sized Businesses: Wage and Hour Provisions, Discrimination and Harassment Policies, Non-Competes, and More!,” National Business Institute, November 2022.
“FLSA Essentials: Practically Applying the Most Recent Legal Perspectives,” “Using Handbooks to Protect Against Legal Liabilities: With Example Policies” and “Social Media Policies: Balancing Employer Needs and Employee Rights,” National Business Institute, October 2022.
“Creating and Updating Employee Handbooks” and “What you Must Know About Non-Compete Agreements,” National Business Institute, September 2022.
“Top FMLA and ADA Mistakes to Avoid and Correct,” National Business Institute, August 2022.
“Human Resource Law 2022: New Rules and Updates,” National Business Institute, July 2022.
“Dangerous Interview Questions: What Will Keep You Out of (or Open You up to) Litigation, ” Lorman Education Services, July 2022.
“New Jersey Employment Law 2022: Key Leave Issues, Common Discrimination Claims, Independent Contractors, and More,” National Business Institute, May 2022.
“Your Separation Agreements: Protect Your Company After an Employee Leaves,” Lorman Education Services, May 2022.
“FCRA Compliance Update for Employers,” Lorman Education Services, April 2022.
“Guidelines for Firing Employees on Leave,” National Business Institute, April 2022.
“Employee Handbooks: Rapid-Fire Updates,” National Business Institute, April 2022.
“Ethics in Employment Law,” National Business Institute, March and April 2022.
“The Americans with Disabilities Act (ADA): Start to Finish: Your Comprehensive Legal Guide to Everything ADA,” National Business Institute, March 2022.
“Best Practices for Non-Compete Agreements,” National Business Institute, February 2022
“Severance Agreements” National Business Institute, February 2022.
“FLSA and Wage & Hour Compliance: What Employers Must Know” Clear Law Institute, January 2022.
“Unlawful Harassment and Discrimination- Preventing and Addressing Harassment And Discrimination in the Workplace,” Foulke Management Corp., December 2021.
“Handling Leave Issues-New Jersey Labor and Employment Law 2021 Miniseries: Part II,” National Business Institute, December 2021.
“FLSA and Wage and Hour Compliance-What Employers Must Know,” National Business Institute, November 2021.
“Social Media Issues in the Work Place,” National Business Institute, November 2021.
“Final Rule on Paid Sick Leave for Federal Contractors and Subcontractors” Lorman Educational Services, November 2021.
“FLSA and Wage & Hour Compliance: What Employers Must Know,” National Business Institute (NBI), October 2021.
“Terminations - COVID and Post-COVID,” Philadelphia HR Summit, September 2021.
“Your Separation Agreements: Protect Your Company After an Employee Leaves,” Lorman Educational Services, May 2021.
“FCRA Compliance Update for Employers,” Lorman Educational Services, April 2021.
“Creating Fair Labor Standard Act (FLSA) Compliance Strategies That Work,” National Business Institute, April 2021.
“Handling Employees Who are Arrested But Not Charged With a Crime,” Lorman Educational Services, March 2021.
“Effectively Defending Against Charges of Discrimination before the EEOC and Other State Agencies,” Factsheet Research Inc., December 2020
“Issues In Workers’ Comp And Employment Law With COVID-19,” Millennium Seminars, October 2020
“COVID-19 Back to Office Solutions,” Capehart Scatchard, June 2020
“Avoiding Wage and Hour Audits,” Lorman Education Services, June 2020
“Discipline and Discharge: Necessary Documentation,” National Business Institute, June 2020
“Employee Handbooks and Policies in the 21st Century,” National Business Institute, June 2020
“Background Checks: The Do’s and Don’ts,” Lorman Education Services, May 2020
“Families First Coronavirus Response Act,” Capehart Scatchard, April 2020
“Responding to EEOC and State Agency Changes,” National Business Institute, April 2020
“Retaliation Claim Legal Strategies: Defenses, Counter-Suits and More,” National Business Institute, April 2020
“Employee Leave Strategies: FMLA, ADA and More,” National Business Institute, March 2020
“Wage and Benefits Issues,” National Business Institute, March 2020
“UNLAWFUL HARRASSMENT DISCRIMINATION: Preventing and Addressing Harassment and Discrimination in the Workplace,” Griswold Home Care Franchise Office, January 2020
“Background Checks: The Do’s and Don’ts,” Fact Sheet Research, December 2019
“Employee Leave Strategies: FMLA, ADA, and More,” National Business Institute, November 2019
“Wage and Hour Law: The Latest FLSA Guidance and Best Practices,” National Business Institute, November 2019
“Unlawful Harassment and Discrimination: Preventing and Addressing Harassment and Discrimination in the Workplace,” in-house presentation to Novacart USA, Inc., October 2019
“Preventing and Addressing Harassment and Discrimination in the Workplace,” in-house presentation to H.A. DeHart & Son, October 2019
“Ethical Issues in Employment Law,” National Business Institute, October 2019
“FLSA Essentials: Creating FMLA Compliance Strategies,” National Business Institute, October 2019
“Understanding the ADA and ADAAA: From Accommodation to Discrimination,” National Business Institute, October 2019
“Avoiding Wage and Hour Legal Problems,” webinar sponsored by YourOwn360, September 2019
“Panel Discussion: The ADA, FMLA, and Comp Legal Intersection,” Millennium Seminars, September 2019
“Understanding the FMLA, ADA and LAD,” GGB, LLC, July 2019
“Dangerous Interview Questions,” Lorman Educational Services, July 2019
“Panel Discussion: Pre-hire, Post-accident Drug Testing and Workplace Drug Policies,” Millennium Seminars, June 2019
“Legal Dangers of Social Media Recruiting,” Lorman Educational Services webinar, April 2019.
“Avoiding Wage and Hour Violations” and “Alternative Dispute Resolutions,” National Business Institute, February 2019
“Dangerous Interview Questions: What Will Keep You out of (Or Open You Up To) Litigation,” Lorman Educational Services webinar, January 2019
“Unlawful Harassment and Discrimination - Preventing and Addressing Harassment and Discrimination in the Workplace,” in-house training seminar to client H.A. DeHart & Son, November and December 2018
“Terminations Done Right,” Compliance IQ webinar, November 2018
“Restrictive Covenants and Confidentiality Agreements,” National Business Institute, October 2018
“Medical Marijuana and the Workplace,” National Business Institute, October 2018
“Understanding the ADA and ADAAA: From Accommodation to Discrimination,” National Business Institute, October 2018
“Doing Employee Handbooks Right,” Compliance IQ, October 2018
“Wage and Benefits Issues,” Compliance IQ, September 2018
“Employment Issues Surrounding Medical Marijuana,” Burlington County Regional Chamber of Commerce’s Navigating Healthcare: South Jersey’s Healthcare Forum for Business Leaders, July 2018.
“Imperative Information that Every Employee Handbook Should Contain,” National Business Institute, July 2018.
“Wage and Benefits Issues,” National Business Institute, July 2018.
“FCRA Compliance Update for Employers,” Lorman Educational Services webinar, June 2018.
“Legal Ethics, Social Media and Beyond,” National Business Institute, June 2018.
“Employee Handbooks” and “Other Laws You Need To Know,” National Business Institute, June 2018.
“Responding to EEOC and State Agency Changes,” National Business Institute, April 2018.
“Unlawful Harassment and Discrimination - Preventing and Addressing Harassment and Discrimination in the Workplace,” seminar to client Foulke Management Corp., March 2018.
“Unlawful Harassment and Discrimination - Preventing and Addressing Harassment and Discrimination in the Workplace,” seminar to client, Bowman and Company, February 2018.
“Avoiding Wage and Hour Audits: Best Practices for Staying in Compliance,” Clear Law Institute, February 2018.
“Handling Essential Municipal Employment Concerns,” National Business Institute, December 2017.
“Legal Ethics and ESI,” National Business Institute, December 2017.
“Dealing With Employees Who Have Been Charged With a Crime,” Lorman Education Services live webinar, November 2017.
“Avoiding Wage and Hour Audits: Best Practices for Staying in Compliance” webinar, Clear Law Institute, September 2017.
“Wage Payment Irregularities: A Practical Guide to Avoiding Wage and Hour Audits and Other Legal Problems” webinar, Clear Law Institute, July 2017.
“The New Federal Rules: What Has Changed,” National Business Institute, June 2017.
“How to Limit Liability for Employment Issues” webinar, Clear Law Institute, May 2017.
“Termination and Retaliation Issues” and “ADA Accommodation Issues and Possible Impact Upon Comp Benefits,” Sterling Education Services, April 2017.
“New Jersey Employment Law,” National Business Institute, April 2017.
“Unlawful Harassment and Discrimination: Preventing and Addressing Harassment and Discrimination in the Workplace,” Foulke Management Corporation, March 2017.
“Background Checks: Top 10 Do’s and Don’t’s,” Lorman Educational Services webinar, January 2017.
“The Perilous Connection of Workers’ Compensation, FMLA and ADA,” New Jersey Self Insurers’ Association, November 2016
“Human Resource Law from A to Z,” National Business Institute, September 2016
“Is it Safe Yet? Terminating Employees on Workers’ Compensation and Avoiding ADA and FMLA Law Suits,” Millennium Seminars, July 2016
“Creating FMLA Compliance Strategies: Avoiding Wage and Hour Audits,” Lorman Educational Services, July 2016
“Employment Law: Rights, Benefits and Emerging Issues,” Sterling Education Services, July 2016
“Background Checks: Top 10 Do’s and Don’t’s,” Lorman Educational Services, July 2016
Employee Handbooks, Compliance IQ, June 2016
Representing Your Client in Federal Court, National Business Institute, May 2016
Workplace Challenges of Privacy, Social Media and Technology, Sterling Education Services, 2016
Termination and Retaliation Issues, Sterling Education Services, 2016
Workplace Challenges of Privacy, Social Media and Technology,” in-house seminar to clients, 2016
“Hot Topics in Employment Law,” a monthly breakfast seminar series for clients and friends, March-May 2016
ADA, FMLA and Workers’ Compensation, Sterling Education Services, Wilmington, DE, 2016
Advanced Employment Law, National Business Institute, 2016
Starting the Year off Right: Legal Issues and Answers Concerning Healthcare Background Check Compliance, Lorman Educational Services webinar, 2015
HIPPA Compliance: Are You ‘Hip’ to HIPPA, Conti Group, 2015
Dealing with Employees Who Have Been Charged with a Crime, Lorman Educational Services webinar, 2015
Unlawful Harassment and Discrimination: Preventing and Addressing Harassment and Discrimination in the Workplace, Simmons Pet Food, Inc., 2015
Employees Who Have Been Charged with a Crime, Lorman Educational Services webinar, 2015
Unlawful Harassment and Discrimination: Preventing and Addressing Harassment and Discrimination in the Workplace, 2015
Expanding Paid Sick Leave laws in 2015, Clear law Institute webinar, 2015
Background Checks: Top 10 Do’s and Dont’s, Lorman Educational Services webinar, 2015
Privacy and Social Media in the Workplace, and Advanced FMLA and ADA Issues, Sterling Educational Services, 2015
The 16th Annual Fundamentals of Employment Law, Sterling Educational Services 2015
The Affordable Care Act, The Greek American Chamber of Commerce (Greater Philadelphia Chapter) in conjunction with the Hellenic Medical Society of Philadelphia, 2015
Unlawful Harassment and Discrimination: Preventing and Addressing Harassment and Discrimination in the Workplace, in-house presentation to the client, Bowman & Company, LLP & Foulke Management Corporation, 2015
Expanding Paid Sick Leave Laws in 2015, Lorman Education Services webinar, 2015
Policies and Procedures in Dealing with Employees Who Have Been Charged with Crimes, Lorman Education Services webinar, 2015
Background Checks: Top 10 Do’s and Don’t’s, Lorman Education Services webinar, 2015
Safe Terminations, Southern Shore Human Resource Management Association of NJ, Inc., 2015
Conducting Background Checks: Employee Privacy Rights and Hiring Decisions, National Constitution Center, 2015
Unlawful Harassment Preventing and Addressing Harassment in the Workplace, in-house presentation to client Evesham MUA, 2014
Dealing with Employees Who Have Been Charged with a Crime, Lorman Education Services live webinar, 2014
Employment Law: 2014 Comprehensive Guide, National Business Institute, 2014
Unlawful Harassment: Preventing and Addressing Harassment in the Workplace, Conair Corporation, 2014
Preventing Unlawful Harassment in the Workplace, in-house presentation to Cherry Hill Diner, 2014
Fundamentals of Employment Law, Sterling Educational Services, 2014
15th Annual Hiring and Terminating: The Ins and Outs of Employment Law, Sterling Education Services, 2014
Managing the Managing Process: How to Limit Liability for Employment Issues in New Jersey, Lorman Education Services, 2014
Conducting Background Checks, Southern Shore HR Management Association of New Jersey, 2014
The Affordable Care Act - Obamacare, The Hellenic Expo, 2014
Managing the Managing Process: How to Limit Liability for Employment Issues in New Jersey, Lorman Educational Services, 2014
Dealing with Employees Who Have Been Charged with a Crime, Lorman Educational Services webinar, 2014
Conducting Background Checks, Lorman Educational Services webinar, 2014
Handling Employees Who Are Arrested and/or Charged With (But Not Convicted of) Crimes, Clear Law Institute webinar, 2014
