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Tracey Diamond

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Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

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Q. Is there a new standard in New Jersey for disparate impact discrimination?

A. The New Jersey Division on Civil Rights recently proposed new rules revising the legal standard for disparate impact discrimination and outlining the burdens of proof required under the New Jersey Law Against Discrimination. In addition to outlining a new standard for disparate impact discrimination in employment, the rules also include updated standards and guidance for housing, housing financial assistance, public accommodations, and contracting sectors.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs are joined by Terri Gillespie, general counsel at Stateside Brands, a family-run business. The three draw parallels from the popular TV series, Modern Family, and share their own personal experiences working with family members. Join us for an engaging conversation, offering practical advice on how to navigate the unique challenges of working with family while making the most of its benefits.

In this episode of the Hiring to Firing Podcast, hosts Tracey Diamond and Evan Gibbs, along with Erin Cannon, director of diversity, equity, and inclusion (DEI) at Troutman Pepper, draw parallels between the popular reality TV show Big Brother to discuss the future of corporate DEI programs after the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard. They discuss the benefits of affinity groups, the importance of allyship, and the significance of focusing on inclusion and belonging in the workplace.

Q. Has OSHA issued any new rules addressing employees’ rights to have representation during an OSHA inspection at a private employer’s worksite?

A. Yes. Earlier this month, the Occupational Safety and Health Administration (OSHA) issued a Final Rule that significantly revises OSHA’s longstanding regulations concerning an employee’s right to choose a representative to participate during OSHA’s physical inspection of a workplace. Under the new final rule, employees will be permitted to bring other employees or nonemployee third parties (including nonemployee union representatives) on OSHA walkarounds at union and nonunion workplaces, if these individuals are “reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace by virtue of their knowledge, skills, or experience.” The new rule will take effect on May 31.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with Dan Sieck, a partner in the firm’s Corporate practice group, discuss the hit TV show Silicon Valley and the concept of garden leave. What are the pros and cons of having employees sit on the bench? What is the difference between garden leave and noncompete agreements? Tune in for an engaging dialogue on this unique aspect of employment transition.

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification under Section 5 of the FTC Act, as an unfair method of competition. Commissioner Bedoya advocated that worker misclassification — when an employer classifies a worker, who should be an employee, as an independent contractor — satisfies the criteria established by the FTC in its November 2022 policy statement, for when conduct constitutes an unfair method of competition. Specifically, the commissioner stated that worker misclassification distorts competitive conditions when it allows companies who improperly classify their employees as independent contractors to underbid those competitors that correctly classify employees. Additionally, worker misclassification may be coercive, exploitative, and abusive when workers who know they are being misclassified feel that they have no choice but to accept such treatment. Commissioner Bedoya also suggested that an employer’s efforts to limit the independence of a worker classified as an independent contractor could constitute an illegal vertical restraint on trade.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs navigate the evolving landscape of employee sick days in a post-COVID-19 workplace. Special guest Lisa Whittaker, director and managing counsel, employment and labor law at The J.M. Smucker Co., joins them for a humorous discussion of the use and abuse of employee sick days, using clips from the popular TV show, Parks and Recreation. Tune in for an insightful discussion!

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs draw insights from the TV series NCIS to discuss effective workplace harassment training. Our hosts are joined by Victoria Pasquale, chief human resources officer at Pritchard Industries, who shares her expertise on structuring effective trainings for her employees. Listen as the group explores how to capture their audience’s attention and drive home important messages in an engaging way.