Scott Magliochetti, Esq.

About Scott Magliochetti

Scott Magliochetti has represented clients in the business community for more than 30 years. His clients range from entrepreneurs / small businesses to multinational corporations, U.S. and foreign. Scott provides general counsel services, negotiates business transactions and provides advice regarding, among other things, private finance, licensing agreements, mergers & acquisitions and human resource matters.

NJLAD Claims Back to Arbitration?

In March 2019, the New Jersey legislature again exposed its wokeness by amending the New Jersey Law Against Discrimination (NJLAD) to, in effect, remove from arbitration any employee claim relating to discrimination, retaliation, or harassment. Accordingly, any freely negotiated arbitration arrangement governing these claims was null and void per the [...]

By |2021-04-12T16:03:48-04:00April 12, 2021|All|

Employer Mandated Jabs – Smart Move?

As businesses start to arise from the Covid fog and move back into true office environments, some employers are grappling as to whether they can mandate that their employees get a Covid-19 vaccine (the “Jab”).  The short, general, answer is yes absent a medical or religious exemption.  However, mandated Jabs [...]

By |2021-03-31T18:08:40-04:00March 31, 2021|All|

Temporary Workers & OSHA – Who Takes the Lead?

The Occupational Safety and Health Act of 1970 (the “OSH Act”) is the primary federal law that governs occupational health and safety in the private sector and federal government.  The OSH Act is administered by the Occupational Safety and Health Administration (“OSHA”) and covers most private sector employers and their employees. When a [...]

By |2021-03-12T10:25:16-05:00April 26, 2017|All|

So I Signed a Non-Compete. What, Me Worry?

I’m amazed at how many times an ex-employee acknowledges that they have executed a restrictive covenant agreement (a non-compete or non-solicitation agreement), then utters that it’s meaningless due to unenforceability.  This Alfred E. Neuman / “What, Me Worry” approach often leads to problems for both the sophomoric ex-employee, as well [...]

By |2021-02-22T13:08:37-05:00April 18, 2017|All|

Who is a Full Time Employee Under ObamaCare?

Under the Affordable Care Act (i.e. ObamaCare) penalties are imposed on “large employers” (i.e. those with 50 or more full time employees) if any “full time” employee receives a tax subsidy to assist in buying health insurance.  For employers in the staffing industry, who bring on w-2 employees to staff [...]

By |2021-03-04T11:59:04-05:00February 28, 2012|All|

Need an experienced business lawyer?

In 2000, I became the General Counsel for Starpoint Solutions, LLC a technology engineering company headquartered in New York City specializing in IT staff augmentation, application development and product integration. In my role as General Counsel for Starpoint Solutions, I was in charge of all legal aspects of their operations, [...]

By |2021-02-22T13:08:37-05:00December 21, 2011|All|

NLRB Postpones Posting Requirement

Last month I blogged that the National Labor Relations Board (“NLRB”) had issued a final rule requiring companies to post in the workplace notices to employees about their rights to join a union.  Under the rule, such notice was to be posted by November 14, 2011. Given the coverage scope [...]

By |2021-02-22T13:08:37-05:00October 19, 2011|All|

Staffing Industry Seeks Repeal of ObamaCare

Earlier this month, representatives of the Staffing Industry urged Congress to repeal the Patient Protection and Affordable Health Care Act (“ObamaCare”) that was signed into law in March of last year.  Under ObamaCare, employers with 50 or more full-time workers are required to offer a minimum mandated coverage or pay [...]

By |2021-02-22T13:08:38-05:00October 19, 2011|All|

Prophylactic Steps to Avoid an .XXX Domain Hijacking

Top level domains (“TLD”), such as .com, .net and .org are about to have another bedfellow – the .xxx domain name extension.  These .xxx domains are intended to be utilized solely for hosting adult oriented websites.  But, this new TLD has a lot of entities worried about having their company [...]

By |2021-02-22T13:08:38-05:00September 29, 2011|All|

NLRB Requires Posting of NLRA Rights

Nearly all employers are covered under the provisions of the National Labor Relations Act (“NLRA”).  Under the NLRA, most private-sector employees are extended the right to organize and bargain with their employer collectively.  The law is administered and enforced principally by the National Labor Relations Board (“NLRB”). On August 30, [...]

By |2021-02-22T13:08:38-05:00September 12, 2011|All|