Kluger Healey, LLC

03/02/2026

In an extensive interview with Kimberly Redmond of "NJBIZ", Mark Kluger discusses how remote and hybrid work has blurred the line between personal and professional boundaries, making clear workplace dating policies are more important than ever. He notes, “...for example, when you’re on a Zoom call with coworkers–especially when they’re home–people are in a…different feeling than sitting around a… meeting room. So there’s a more relaxed environment which can create a different culture, a different vibe and can lead to more flirting or personal contact…”

Mark explains that between the shift to virtual work and the rise of the movement, employers must create and enforce practical policies that reduce the possibility of a hostile work environment. He adds, “Employers are responsible for ensuring that their workplace is free from that kind of discomfort, sexual harassment, or, in the case of romance, people who are making their coworkers uncomfortable.”

Mark also points to tools such as “love contracts” that may be more effective than implementing blanket bans on office romances. He states, “...By having them, you’re essentially telling employees…that it’s OK to be in a romance with your coworkers, but that you have to have an understanding of the implications of that in the workplace.”

If you would like to read the rest of Mark’s feature in this article, please click here: https://njbiz.com/workplace-dating-policies-remote-work-mark-kluger/

As remote work reshapes office romance, NJ employment attorney Mark Kluger urges clear workplace dating policies to limit risk.

02/14/2026

Most employees are looking for more guidance from their employer on workplace romance, according to the SHRM 2026 Workplace Romance Report. Find out what this means for employers.

02/13/2026

Valentine’s Day is upon us and in an interview with SHRM, Mark Kluger discusses the importance of employers establishing guidance on workplace romantic relationships. Mark explains his objections, "Romeo-and-Juliet policies that prohibit relationships among co-workers [because they] don't generally work…[and] force employees to sneak around and lie to their managers and co-workers. If people want to be together, they will be, no matter what the rules are."

Mark notes that, rather than prohibiting relationships outright, employers should adopt clear strategies that protect both employees and the organization. He emphasizes that workplace romances must not disrupt the work environment and that relationships between supervisors and their direct reports should be strictly prohibited.

Mark recommends practical safeguards, in the form of a “love contract” that allows HR to effectively address potential issues during the relationship such as no PDA and if a relationship ends to prevent workplace conflict or liability for claims of sexual harassment. If you are interested in reading the full article, click here: https://www.shrm.org/topics-tools/news/employee-relations/employees-want-workplace-romance-guidelines

Most employees are looking for more guidance from their employer on workplace romance, according to the SHRM 2026 Workplace Romance Report. Find out what this means for employers.

01/19/2026

In an interview with Mark Kluger, "Business Insider's" Ben Shimkus examines the disciplinary actions that can arise from political speech in the workplace, following the suspension of a Ford worker for heckling President Donald Trump during an assembly plant walk-through. Mark emphasizes that the constitutional protection of free speech typically does not apply the way many employees assume, and explains, “With very few exceptions, employees in the private sector don’t have free speech rights at work.”

Mark underscores the practical reality that workplace speech still carries consequences, and concludes, “Try telling your boss what you really think of them and see how long you remain employed.” This piece offers an important reminder that workplace policies can shape how employers respond to political expression in the workplace. If you are interested in reading the full article, click here: https://www.businessinsider.com/ford-employee-suspended-limit-free-speech-workplace-2026-1

The advice from five legal experts boiled down to a blunt workplace reality: employees should watch their mouth if they want to keep their job.

01/12/2026

In an "Inc. Magazine" interview, Mark Kluger discusses the 2026 minimum wage increases in 19 states and the potential economic ripple effects for businesses and consumers. In assessing how higher labor costs may play out across the economy, Mark observes, “What we’ll probably see is, like any other time, wages are forced to go up, that trickles down to the consumers. I think we’ll see increased pricing and more inflation in certain industries, [...] such as fast food and retail.”

As this affects more than 8 million workers across the country, Mark’s perspective adds important context to the broader conversation about wage policy and inflation dynamics. To read the full article, click here: https://www.inc.com/melissa-angell/2026-minimum-wage-increases-inflation/91283564

Experts have debated the merits of minimum wage increases for decades.

12/15/2025

On Jon Westover's "Human Capital Innovations Podcast," Mark Kluger explores core challenges in performance management and how these issues can expose employers to unnecessary liability. Marks explains that he views performance management as serving two essential functions: to help employees reach their full potential in their roles, and create a defensible record should problems ever arise.

In this dynamic discussion, Mark provides insights into the potential harm of managers overrating employees in performance reviews only to sidestep conflict and difficult conversations. Mark comments, “...Managers think of themselves [only] as the boss and [that] performance management should be criticism as opposed to education, training, [and] mentorship. And that’s really the key to turning the process around.”

Whether you are an HR leader, a business executive, or a legal professional, this episode will be insightful for you. To watch or listen to the full conversation, follow this link: https://www.youtube.com/watch?v=Tqn_OwK4_ss

In this HCI Webinar, Dr. Jonathan H. Westover talks with performance management, workplace dynamics, and employer liabilities.Mark F. Kluger practices exclus...

10/20/2025

In an interview with Mark Kluger, Rachel Zheliabovskii of SHRM covers The Walt Disney Company’s recent settlement resolving claims that it underpaid its female employees relative to their male counterparts in comparable roles. In addition to monetary relief, the resolution also requires Disney continuously to evaluate its pay practices through use of an outside monitor. In discussion of these unique terms, Mark notes that, "Outside monitoring in settlements is not typical, especially in those that don't involve the EEOC…. The monitoring will be by an economist whose role will essentially be to sound an alarm if compensation trends appear to be suggestive of gender disparities." Mark adds that, even with new pay transparency laws requiring publication of pay ranges, the best way for companies to prevent such disparities is through regular self-audits.

Of note, the outcome of the Disney case may influence how employers approach pay equity in the future. So if you are interested in reading the full article, click here: https://www.shrm.org/topics-tools/employment-law-compliance/court-approves-disney-gender-pay-discrimination-settlement

Learn the broad implications of Disney's gender pay discrimination settlement, which raises new questions about pay equity, HR compliance, and industry impact.

09/29/2025

Expert commentary by Mark Kluger is featured throughout a textbook entitled, "Free Speech in the American Workplace: From the Dawn of Workers’ Rights to the Rise of Social Media," written by Randy Bobbitt. In a discussion on the limited free speech rights of military personnel, the author notes that military’s minimal level of tolerance of overt dissention, especially relative to their civilian counterparts, is needed in order to maintain order and discipline. Mark counters that, “Private sector employees have a similar rationale for ensuring uniformity in the manner in which employees communicate about the organization. That rationale, while perhaps less noble than that of the uniformed services, is still about survival. Public attacks against an employer from within can lead to its loss of reputation, which can lead to a loss of customers, which can lead to a loss of jobs and ultimately the loss of the business.”

If you are interested in learning more from this textbook, click on this link: https://www.bloomsbury.com/us/free-speech-in-the-american-workplace-9798765152157/

This book examines the legal and ethical issues that can result when employees express opinions that conflict with those of their employer. It covers seven area…

09/22/2025

In "Free Speech in the American Workplace: From the Dawn of Workers’ Rights to the Rise of Social Media," by Randy Bobbitt, Mark Kluger contributed his thoughts on the topic of employees who post complaints or negative comments about their employers on public forums, such as Glassdoor. Mark questions the effectiveness of having someone respond to these posts on the employer’s behalf, and adds, “So often those [negative] posts are written by former employees who have been terminated and are clearly ready to burn down the world. Job seekers may well dismiss those posts, as they are usually pretty transparent.”

To learn more from this textbook, please click here: https://www.bloomsbury.com/us/free-speech-in-the-american-workplace-9798765152157/

This book examines the legal and ethical issues that can result when employees express opinions that conflict with those of their employer. It covers seven area…

09/15/2025

Notably, Mark Kluger was featured in a textbook titled, "Free Speech in the American Workplace: From the Dawn of Workers’ Rights to the Rise of Social Media," written by Randy Bobbitt. In this book, Mark added to the conversation on employees’ increasing use of social media as an outlet to vent about or criticize their employers. With this comes the dilemma many employers face of either ignoring the posts, responding online or disciplining the employees despite the associated risks of charges brought to the National Labor Relations Board (NLRB) by the disgruntled employees. He notes that the NLRB typically changes its guidance on the degree to which employers can control their employee’s social media rants depending on who occupies the Oval Office, “Ultimately, the courts will provide sufficient clarity, at least for a period of time, so that we employment lawyers will be able to safely advise employers regarding what they must tolerate and when they can terminate employees for social media posts.”

If you are interested in reading more from this textbook, follow this link for purchase: https://www.bloomsbury.com/us/free-speech-in-the-american-workplace-9798765152157/

This book examines the legal and ethical issues that can result when employees express opinions that conflict with those of their employer. It covers seven area…

09/08/2025

Mark Kluger has been extensively quoted in the recently published textbook, "Free Speech in the American Workplace: From the Dawn of Workers’ Rights to the Rise of Social Media," by Randy Bobbitt. Among other topics, Mark commented on the use and enforcement of employee non-disclosure and confidentiality agreements. Specifically, he described both the motives for breaches of such agreements as well as the surprisingly clumsy methods that many employees use to compromise their employers' intellectual property, trade secrets, and other confidential information. He notes, “If an employee is going to reveal intellectual property or trade secrets, they are far more likely to do so in a non-public communication and one that will be for their potential personal gain, not for revenge. Remarkably, it is not uncommon for those kinds of breaches to occur using the employee’s company email account through the employer’s server.”

If you would like to learn more from this textbook, you may purchase a copy here: https://www.bloomsbury.com/us/free-speech-in-the-american-workplace-9798765152157/

This book examines the legal and ethical issues that can result when employees express opinions that conflict with those of their employer. It covers seven area…