Frank P. Spada, Jr.

Frank P. Spada, Jr. has been representing management in all areas of employment law and labor relations since 1986. His practice includes counseling clients on human resource issues, including discipline, hiring, firing and better productivity through employee relations. He also advises clients regularly on the application of the various federal and state employment laws, including the FMLA, FLSA, ADA, ADEA, WARN, ERISA, PHRA, and the NJ LAD, as well as the development and enforcement of confidentiality, non-competition, and severance agreements.

Mr. Spada has handled numerous cases through trial and appeal involving employment contracts, ERISA and FLSA issues and in the discrimination area, including race, sex, age, disability and religious discrimination matters. He represents employers before the Equal Employment Opportunity Commission, the New Jersey Division on Civil Rights, the Pennsylvania Human Relations Commission and other state agencies throughout the country. He also has handled many matters in the enforcement or defense of non-competition/non-solicitation/non-disclosure clauses in many states, including New Jersey and Pennsylvania. His extensive experience also includes employment arbitration, ERISA litigation, independent contractor compliance, non-compete and trade secrets litigation, as well as counseling clients on privacy, security and data protection issues.

In the labor law area, Mr. Spada counsels management in dealing with unions in collective bargaining negotiations, arbitrations, unfair labor practice proceedings, mass picketing and other injunction actions, union elections and de-certifications in the public and private sectors.

He represents employers ranging from small businesses to large corporations with multiple facilities and within a number of industries, including trucking, construction, manufacturing, graphics, computer, restaurant, clothing and health care.  Mr. Spada has been certified by the New Jersey Association of Professional Mediators and is a New Jersey Superior Court Rule 1:40 qualified mediator included on the roster of court-approved mediators, as well as being a qualified mediator on the roster of the American Arbitration Association.

Mr. Spada enjoys an AV Rating from Martindale-Hubbell; has been recognized as a Preeminent Lawyer by Martindale-Hubbell in the fields of litigation and employment law. Before joining Semanoff Ormsby Greenberg & Torchia, LLC, Mr. Spada spent over a decade practicing law as a partner at a prestigious Philadelphia based law firm.

 Presentations and Webinars

• “Hot Topics in Employment Law”
  HRMA Annual Legal Seminar, November 18, 2014
• “Workplace investigations: A Practitioner’s View”
  PBI Seminar, July 31, 2014
• “Legal Update for HR Professionals”
  April 20, 2014
• “Advanced Trial Tactics”
  National Business Institute, December 18, 2013: Princeton, NJ
• “Hot Topics in Employment Law”
  HRMA Legal Seminar, January 27, 2012
• Defining discrimination: Federal law and LGBTQ+ employee workplace discrimination protections
  Smart Business Magazine, September 2018
• “State of the Unions: How to be prepared for the accelerated union process”
  Smart Business Magazine, February 2016
• “Telecommuting May Not Always be a Reasonable Accommodation Under the ADA,”
  The HR Specialist, June 16, 2015
• “NLRB Issues Final Rule on ‘Quickie Elections’”
  Pepper@Work, January 8, 2015
• “Mailing of FMLA Notices Not Sufficient to Overcome Denial of Receipt by Employee”
  Pepper@Work, August 13, 2014
• “Is Telecommuting a More ‘Reasonable’ Accommodation Under the ADA?”
  The HR Specialist, June 19, 2014
• “Third Circuit Holds that Successor Liability Exists Under the Fair Labor Standards Act”
  Pepper@Work, April 22, 2014
• “Unionized Employers Take Note of the Recent Supreme Court Ruling Under the FLSA”
  The HR Specialist, March 25, 2014
• “A Reminder to New Jersey Employers Regarding Recent Gender Equity Notice Posting Requirements”
  Pepper@Work, January 22, 2014
• “Recently Enacted New Jersey Law Requires Employers to Provide Leave for Victims of Domestic Violence and Sexual Assault as of October 1, 2013”
  Pepper@Work, August 13, 2013
• “NLRB Focuses on Employers’ Internal Investigations”
  The HR Specialist, October 2012
• “New Jersey Enacts Posting and Notice Requirements on Pay Equality”
  Pepper@Work, November 28, 2012
• “NLRB Clamps Down on Internal Investigation Confidentiality”
  Business Management Daily, November 2, 2012

Publications

• Defining discrimination:  Federal law and LGBTQ+ employee workplace discrimination protections
  Smart Business Magazine, September 2018
• “State of the Unions: How to be prepared for the accelerated union process”
  Smart Business Magazine, February 2016
• “Telecommuting May Not Always be a Reasonable Accommodation Under the ADA,”
  The HR Specialist, June 16, 2015
• “NLRB Issues Final Rule on ‘Quickie Elections’
  Pepper@Work, January 8, 2015
• “Mailing of FMLA Notices Not Sufficient to Overcome Denial of Receipt by Employee”
  Pepper@Work, August 13, 2014
• “Is Telecommuting a More ‘Reasonable’ Accommodation Under the ADA?”
  The HR Specialist, June 19, 2014
• “Third Circuit Holds that Successor Liability Exists Under the Fair Labor Standards Act”
  Pepper@Work, April 22, 2014
• “Unionized Employers Take Note of the Recent Supreme Court Ruling Under the FLSA”
  The HR Specialist, March 25, 2014
• “A Reminder to New Jersey Employers Regarding Recent Gender Equity Notice Posting Requirements”
  Pepper@Work, January 22, 2014
• “Recently Enacted New Jersey Law Requires Employers to Provide Leave for Victims of Domestic Violence and Sexual Assault as of October 1, 2013”
  Pepper@Work, August 13, 2013
• “NLRB Focuses on Employers’ Internal Investigations”
  The HR Specialist, October 2012
• “New Jersey Enacts Posting and Notice Requirements on Pay Equality”
  Pepper@Work, November 28, 2012
• “NLRB Clamps Down on Internal Investigation Confidentiality”
  Business Management Daily, November 2, 2012