Michael A. Shadiack

Partner

Michael A. Shadiack is chair of the firm’s Labor & Employment Law practice group. He has devoted his entire career to representing employers and management personnel in the private and public sectors. Mr. Shadiack is a multi-year recipient of the prestigious New Jersey Super Lawyers recognition, including in 2017, based upon his high-degree of peer recognition and professional achievement.  Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

In 2013, Mr. Shadiack was one of only 50 attorneys in New Jersey to be named a "New Leader of the Bar" by the New Jersey Law Journal. After a rigorous evaluation process, Mr. Shadiack was selected for this prestigious recognition due to his formidable professional accomplishments, demonstrated leadership qualities, expertise in employment law, exuberance for the law, and enduring commitment to pro bono, charitable and community volunteer work.

Mr. Shadiack assists clients in the following areas:

  • Preventative Counseling: Mr. Shadiack regularly provides employers with practical, comprehensive, and preventative counseling on personnel and benefit issues to ensure compliance with statutory and common law requirements. He focuses on helping clients make employment-related decisions intended to avoid or reduce the risks of litigation.  Substantive legal issues under federal and state laws include:
    • Employee hiring, disciplining, and discharging
    • Wage and hour compliance
    • Managing employee medical leaves of absence
    • Reasonable workplace accommodations
    • Strategies to avoid and respond to workplace harassment
    • Monitoring employees’ use of social media
    • Discrimination and retaliation
    • Employee screening and hiring
    • Performance evaluations
    • Separation agreements and general releases
    • Privacy issues
    • Drug and alcohol testing
    • Employee dishonesty and disloyalty
    • Personnel file management and record keeping  requirements
    • Reductions in force, mass layoffs, and plant closing, including compliance with the WARN act
  • Litigation Defense and Dispute Resolution: Mr. Shadiack has served as lead counsel and successfully represented our clients in all aspects of litigation in state and federal courts, before state and federal administrative agencies, and in arbitration involving
    claims of workplace harassment, discrimination, wrongful termination, whistleblower retaliation, reasonable accommodation, breach of contract, civil rights, non-competition violations, minority shareholder oppression, assault and battery, intentional infliction of emotional distress, protected concerted activity, and wage and hour. Mr. Shadiack has also effectively and efficiently resolved lawsuits and administrative charges, consistent with the employer’s strategic objectives.
  • Employment Law Training: Mr. Shadiack provides practical and cost-effective training on all aspects of employment law, including workplace harassment prevention, managing leaves of absence, hiring and firing best practices and procedures, avoiding retaliation and discrimination in the workplace, employee discipline, performance evaluation best practices, employment at-will, and formulating practical personnel policies and employee handbooks. Mr. Shadiack tailors the training session to the employer’s industry and workforce.
  • Employee Handbooks: Mr. Shadiack prepares comprehensive and practical employee handbooks, which are customized to each employer’s specific business practices and number of employees. Mr. Shadiack periodically reviews and updates our clients’ employee handbooks to ensure their continued compliance with the ever-changing and complex federal and state employment laws. Mr. Shadiack drafts/updates each employee handbook to accomplish four main objectives: (1) clear communication with employees (2) administrative efficiency (3) best employment practices to avoid or minimize workplace disputes and (4) proactive measures addressing changes in laws, liability trends, and business climate.  He frequently serves as a featured presenter to human resources and management representatives as well as in-house counsel regarding the importance of employee handbooks and drafting techniques.  
  • Union-Management Relations: Mr. Shadiack represents employers during contract and grievance arbitrations and collective bargaining negotiations, defends unfair labor practice charges, prosecutes employee disciplinary appeal hearings, and advises employers on NLRA and NJPERC compliance to avoid administrative charges.

Client Base:

Mr. Shadiack represents a diverse client base, which includes:

  • Privately-owned and operated businesses
  • International, national, and regional corporations
  • Non-profit organizations
  • Institutions of higher education
  • Municipalities
  • Public agencies
  • Multi-employer trade associations
  • Commercial employment practice liability insurance firms

Honors and Awards:

  • Best Lawyers in America (2016, 2017)
    • Employment Law - Management
  • AV Peer Rated by Martindale-Hubbell 
  • New Jersey Law Journal New Leaders of the Bar (2013) 
  • New Jersey Super Lawyers (2009, 2011-2017)
  • “Who’s Who Among American Law Students" (1998)

Affiliations:

  • American Bar Association
  • New Jersey State Bar Association, Labor and Employment Law Section
  • Morris County Bar Association, Labor and Employment Law Section
  • USLAW Network−Employment practice group

Mr. Shadiack is an active leader in his community, serving on various boards, committees and volunteer organizations:

  • Contributor, Labor and Employment Blog
  • Barrister, Sidney Reitman Employment Law American Inn of Court 
  • Elected member, Morris County Committee 
  • Chairman, Roxbury Township Economic Development Committee
  • Vice Chairperson, Roxbury Township Planning Board
  • Volunteer Member, Make-A-Wish Foundation of New Jersey
  • Member, Society for Human Resource Management (SHRM)
  • Member, Phi Alpha Delta Law Fraternity
  • Member, Morris County Economic Development Corporation
  • Connell Foley LLP representative, Morris County Chamber of Commerce
  • CLE Seminar Materials – Prepared written materials analyzing relevant state and federal executive and judicial authority as applies to Project Labor Agreements in the construction industry and detailing employment law torts and non-discrimination causes of action.

Recent Presentations:
Mr. Shadiack has presented as a speaker both nationally and regionally on numerous traditional and cutting edge Labor and Employment topics:

  • Presenter, "Recruiting, Interviewing, & Selecting," New Jersey Business & Industry (January 2017)
  • Presenter, “2017 Employer To-Do Checklist,” New Jersey Food Council, Labor Committee (January 2017)
  • Presenter, “New OSHA Form 300 Filing Requirements,” New Jersey Food Council, Labor Committee (January 2017)
  • Instructor, "Hands on Employee Handbook Clinic," New Jersey Business & Industry (November 2016)
  • Speaker, “Employee Handbooks and Policies in the 21st Century,” National Business Institute (November 2016)
  • Presenter, “Successful Hiring and Recruitment Steps,” National Business Institute (November 2016)
  • Trainer, "Wage and Hour Basics and Record Retention," supervisory training program (October 2016)
  • Speaker, "Paid Sick Leave and Income Replacement Benefits," New Jersey Business and Industry Association (October 2016)
  • Featured Speaker, “Legal Consideration and Compliance: Best Practices During Hiring and Onboarding New Employees,” ADP Speaker Series (October 2016)
  • Speaker, “FLSA: What Does It Mean," New Jersey Business & Industry Association (September 2016)
  • Featured Presenter, "Why Do I Need An Employee Handbook," National Association of Chemical Distributors, Northeast Region Meeting,  Providence, Rhode Island (September 2016)
  • Presenter, "Spotlight on Recent Cases Involving Alleged Violations of the Fair Credit Reporting Act By Employers Performing Background Checks," USLAW Network, Fall Conference, Colorado Springs, Colorado (September 2016)
  • Instructor, "How to Conduct an Effective Investigation," Human Resources Training Program (August 2016)
  • Presenter, “Designing an Effective Workplace Harassment Prevention Training Program,” New Jersey Business & Industry Association (July 2016)
  • Presenter, “When Severance Makes Sense,” New Jersey Business & Industry Association (June 2016)
  • Presenter, “Changes to Overtime White Collar Exemptions and Time-Limited Non-Enforcement Policy,” New Jersey Association of Community Providers (June 2016)
  • Presenter, “Exempt or Non-Exempt: Changes to White Collar Overtime Exemptions,” New Jersey Food Council (June 2016)
  • National Speaker, "Exploring the Unsettling Aspects of Settlement," USLAW Network Employment Law Conference, Chicago, Illinois (May 2016)
  • Speaker, “Effective Employee Screening,” New Jersey Business & Industry Association (April 2016)
  • Speaker, “Job Descriptions:  Avoiding the Common Mistakes” New Jersey Business & Industry Association (February 2016)
  • Faculty, "Human Resources Law from A to Z," National Business Institute, 2-day seminar (December 2015)
  • Instructor, "The Lifecycle of the Employment Relationship," Supervisor Training Program (December 2015)
  • Presenter, “Hands On Employee Handbook Clinic,” New Jersey Business & Industry Association (Interactive, All-Day Training Program for Employers) (November 2015)
  • Speaker, "Legal Considerations and Compliance Best Practices when Hiring New Employees" hosted by the Morris County Chamber of Commerce (October 2015)
  • Speaker, “Preventing Workplace Harassment” New Jersey Business & Industry Association (New Supervisor Training Program) (June 2015)
  • Faculty, “The Lifecycle of Employment:  Job Descriptions to Severance and Everything in Between,” In-house human resources training for a national supermarket chain (March 2015)
  • Speaker, “When Severance Makes Sense” New Jersey Business & Industry Association (March 2015)
  • Featured Speaker, “Finding the Perfect Fit: Recruiting, Interviewing & Selecting Employees” New Jersey Business & Industry Association (February 2015)
  • Conference Presenter, “Best Practices for Hiring, Disciplining, and Firing Employees,” New Jersey Association of Community Providers (November 2014)
  • Presenter, “Best Practices for Writing Performance Appraisals and Documenting Personnel Matters,” Supervisor Training Program (October 2014)
  • Speaker, “Hiring and Disciplining Best Practices,” Supervisor Training Program (August 2014)
  • National Speaker, "Settlement Strategies in Employment Cases," USLAW Network Employment Law Conference, Jersey City, New Jersey (June 2014)
  • Featured Speaker, “Background Checks: Who, When & How,” New Jersey Business & Industry Association (June 2014)
  • Speaker, “Performance Appraisal Best Practices,” Supervisor Training Program (March 2014)
  • Featured Speaker, “Toxic Workplace: Factors Causing Workplace Harassment,” New Jersey Business & Industry Association (March 2014)
  • Featured Speaker, “The Right Decision: Exempt vs. Non-Exempt,” New Jersey Business & Industry Association (February 2014)
  • Speaker, "Employee Handbooks:  Policies To Be Included and the Benefits for the Employer," National Business Institute, Newark, New Jersey (February 2014)
  • Featured Speaker, “Why Do I Need an Employee Handbook,” New Jersey Business & Industry Association (October 2013)
  • Featured Speaker, “Hiring, Disciplining, and Firing Best Practices,” New Jersey Business & Industry Association (September 2013)
  • Speaker, "Employee Documentation, Discipline & Discharge: Limiting The Risk of Lawsuits and Government Investigations,” National Business Institute, National Webcast (July 2013)
  • Speaker, "Lay-off Best Practices: Reduction in Force and Severance/Release Agreements," National Business Institute, National Webcast (July 2013)
  • Featured Speaker, “Workplace Harassment and Discrimination: Designing an Effective Training Program,” New Jersey Business & Industry Association (May 2013)
  • Featured Speaker, "Avoiding the Wage and Hour Trap: Correctly Classifying Workers," New Jersey Business & Industry Association (March 2013).
  • Featured Speaker, "Employment Law Jeopardy," Accredited Continuing Legal Education Program (February 2013)
  • Featured Speaker, "Hiring and Firing Dos and Don'ts," New Jersey Business & Industry Association (November 2012)
  • Featured Speaker, "Developing Employee Handbooks & Policies," New Jersey Business & Industry Association (September 2012)
  • Featured Speaker, “Putting HR and Employment Law Into Practice,” New Jersey Business & Industry Association (July 2012)
  • Faculty Member, “Limiting Risk From Lawsuits and Government Investigations,” National Business Institute (June 2012)
  • Faculty Member, “Employee Handbooks: Hot Tips for Employers to Maximize the Benefits and Avoid Common Drafting Errors,” National Business Institute (June 2012)
  • Featured Speaker, "Social Media in the Workplace: Potential Employer Liability and Discovery Best Practices," The Hartford (presentation to claims consultants) (April 2012)
  • Featured Speaker, "Correctly Classifying Workers," under New Jersey and Federal Wage and Hour Laws, New Jersey Business & Industry Association (February 2012)
  • Featured Speaker, "Limiting Risk From Lawsuits and Government Investigations," New Jersey Business & Industry Association (December 2011)
  • Featured Speaker, "How to Prepare Employee Handbooks & Policies and Handle the Explosion of Social Media at Your Workplace," New Jersey Business & Industry Association (September 2011)
  • Keynote Speaker, "Hot Tips for Employers to Maximize the Benefits of Employee Handbooks and to Avoid Common Drafting Errors," Morris County Chamber of Commerce (July 2011)
  • National Speaker, "Employee Handbooks: Hot Tips for Employers," USLAW Network national webinar (June 2011) Presentation available on YouTube
  • Featured Speaker, "Evaluating Your Peers - Best Practices and Pitfalls to Avoid," Saint Peter’s College (April and May 2011)
  • National Speaker, "Best Practices to Avoid a Pattern and Practice Discrimination Claim," USLAW Network Fall Conference; Colorado Springs, Colorado (October 2010)
  • Featured Speaker, "Developing Employee Handbooks & Policies - An Employer Survival Workshop," New Jersey Business & Industry (July 2010)
  • Keynote Speaker, "Human Resource Best Practices," Associated General Contractors of New Jersey (August 2009)
  • Featured Speaker, "2009 Labor Law Update," Associated General Contractors of New Jersey (June 2009)
  • Featured Speaker, "HR 101 - A Primer for Managing Human Resources," New Jersey Business & Industry Association (March 2007)

Trainer: Workplace Harassment Prevention training on behalf of numerous employers, including:                                                          

  • Allamuchy Township
  • Associated General Contractors of New Jersey
  • Bechtel Corporation
  • Berkowsky and Associates, Inc
  • CME Associates
  • Confidence Management Systems, Inc.
  • Contact Lens & Vision
  • Essex Plaza Management Associates
  • Ferreira Construction
  • Fluorotherm Polymers, Inc.
  • FoodBank of Monmouth and Ocean Counties
  • Generant Co., Inc.
  • Humanscale
  • Hermann Services, Inc.
  • Kreisler Industrial Corp.
  • Liberty National Golf Club
  • Lopatcong Township
  • Naik Consulting Group, P.C.
  • New Jersey Business & Industry Association
  • New Jersey Laboratories, Inc.
  • New Jersey Property-Liability Guaranty Association
  • New Jersey Sports & Exposition Authority
  • New Meadowlands Stadium Company
  • Ocean County Utilities Authority
  • Paramount Cosmetics
  • PEF Services LLC
  • Perma Pure LLC
  • Rand Dental Associates PA
  • Restaurant Marketing Associates
  • Rock Spring Country Club
  • Saint Peter's University
  • Skylands Center
  • Start 2 Finish Restoration & Building Services
  • Suburban Consulting Engineers
  • Sure Kleen Restoration Services
  • The Arc of Warren County
  • Tri-County Orthopedics
  • UMH Properties, Inc.
  • Universal Nutrition
  • Warren County Board of Chosen Freeholders
  • Wesketch Architecture

A sample of Mr. Shadiack's workplace harassment prevention training program is posted on the Employment Blog

Featured Publications:

  • New Jersey Business Magazine on Should You Check a Job Applicant’s Social Media before Hiring Them? (January 2017)
  • New Jersey Business Magazine on Employee Paid-Leave Situations (August 2016)
  • New Jersey Business Magazine on The Importance of Employee Handbooks  (August 2015)
  • New Jersey Business Magazine on The Perils of Misclassification (February 2011)
  • New Jersey Business Magazine on Mandated Employee Benefits (July 2010)
85 Livingston Avenue
Roseland,
NJ
07068
973.535.0500
973.535.9217

Practice Area:

  • Seton Hall University School of Law (J.D., concentration in  Labor and Employment Law, 1998)
  • Seton Hall University (B.A., Pre-Law and Liberal Studies, magna  cum laude, 1995)
  • State of New Jersey
  • United States District Court for  the District of New Jersey
  • United States Court of  Appeals for the Third Circuit

 

 

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