Ralph R. Smith, 3rd

Shareholder; Vice-Chair, Labor and Employment Department
Mount Laurel,  NJ  U.S.A.

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Experience & Credentials

Practice Areas

  • Health Care and Dental Law
  • Labor and Employment
University Temple University, Philadelphia, Pennsylvania, B.A., Magna Cum Laude, 1986
Law SchoolTemple University James E. Beasley School of Law, Philadelphia, Pennsylvania, J.D., Cum Laude, 1989
Admitted1990, New Jersey; 1990, Pennsylvania

Professional Associations and Memberships

•Camden County Bar Association, Member
•Camden County Inns of Court, Member
•New Jersey State Bar Association, Member
•New Jersey Federal Bar Association, Member
•Society of Human Resource Management, Member
•Widner University Graduate School of Business, Adjunct Professor


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, arbitrations, 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.

Published Works

•“HResource ” 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, contributing author, 2016.
•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


•Ralph Smith, 3rd Speaks at NBI Seminar
•Capehart Scatchard Congratulates 2013 Awesome Attorneys
•Capehart Scatchard Employment Attorney Addresses Human Resources Best Practices


•Beware Religious Discrimination Claims
•Federal Appeals Court Rules No Individual Liability under the Age Discrimination in Employment Act
•New Jersey Supreme Court Rules that Employee Can be Charged with Criminal Offense of Stealing Documents Even If Purpose is For Use in Discrimination Lawsuit
•New Jersey Supreme Court Rules Watchdog Employees Entitled to CEPA Protections
•Federal Court Rules that NJ's Wage and Hour Law Allows for Filing of Private Overtime Claims
•U.S. Department of Labor Adopts New FMLA Regulation on Same Sex Spouses
•Wrongful Discharge Public Policy Claim Does Not Extend to Discharge Due to Close Association with a Convicted Co-Worker
•New Jersey Supreme Court Adopts Employer Defense to Harassment Claims
•New Jersey Supreme Court Clarifies Required Independent Contractor Test Under Wage and Hour Laws
•Third Circuit Court of Appeals Addresses Strenuous Standard for Harassment Claims Under Title VII
•New Jersey Appeal Court Reaffirms Legal Importance of Workplace Anti-Harassment Measures
•New Jersey Joins the “Ban The Box” Crowd
•Public Employee Has First Amendment Right to Refuse Flu Shot
•Third Circuit Weighs in on “Donning and Doffing” Issue
•Court Upholds Dismissal of Corrections Officer Who Could Not Possess Firearm
•NJLAD Now Expressly Prohibits Pregnancy Discrimination
•Employee's Whistleblower Claim Reinstated Under Recent Appellate Division Decision
•Five New Years Resolutions for Your Workplace in 2014

Past Experience

•Judicial Clerk to the Honorable Jerome B. Simandle, current Chief Judge, United States District Court, District of New Jersey Camden


•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
•Policies and Procedures in Dealing with Employees Who Have Been Charged with Crimes, audio conference, Lorman Education Services, 2013
•“Best Practices in Labor and Employment”, Sterling Education Services, Wilmington, DE, 2013
•The New World Revisited - Navigating the Often Treacherous Waters of American Employment Law, Italy American Chamber of Commerce of Greater Philadelphia, 2013
•How the HR Department Can Save the Company Money, Lorman Education Services, September 2013
•Employment Law: Beyond the Basics, Sterling Education Services, Newark, NJ, August 2013
•Human Resources Law What you Need to Know Now, National Business Institute, August 2013
•Restrictive Covenants and the Medical Professional, Asian Indian Professionals Association, 2013
•Fair Labor Standard Act in New Jersey, Lorman Education Services, 2013
•Conducting Background Checks, Lorman Education Services, 2013
•Fundamentals of Employment Law Seminar, Sterling Education Services, 2012


Documents by this lawyer on Martindale.com

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Third Circuit Court of Appeals Adopts “Predominant Benefit” Test Under FLSA for Determining Meal Time Compensability
Ralph R. Smith, February 12, 2016
When must an employer under the Fair Labor Standards Act (“FLSA”) compensate an employee for meal breaks taken during the course of an employee’s work day? Throughout the country, various Federal Circuit Courts of Appeals have answered this question in different ways, but in the...

Beware of Upcoming New Jersey Minimum Wage Increase
Ralph R. Smith, January 18, 2016
As previously reported in this newsletter, a New Jersey Constitutional Amendment that was approved in 2013 requires that the state’s minimum wage rate be adjusted annually, effective January 1st of each year, by any annual increase in the Consumer Price Index (“CPI”) calculated by...

Beware Religious Discrimination Claims
Ralph R. Smith, December 30, 2015
An often overlooked aspect of anti-discrimination laws is the restrictions placed on any kind of employment related discrimination due to an employee’s religious membership or beliefs. Both Title VII and New Jersey’s Law Against Discrimination (“LAD”) contain broad bans on...

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Office Information

Ralph R. Smith, 3rd

8000 Midlantic Drive
Mount LaurelNJ 08054


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