Law Offices of Damian Christian Shammas, LLC

08/22/2024

Earlier this year, the Federal Trade Commission (“FTC”) adopted a new rule that prohibited employers from imposing non-competition restrictions on their employees. According to the FTC, such provisions were an unfair restraint on competition that violated antitrust laws and suppressed employees’ pay and
freedom to change employment. The rule was to take effect on September 4, 2024. Since the adoption of the rule employers and employees have wondered about the future of non-competition clauses.

On August 20, 2024, a federal district court judge in Texas ruled that the FTC lacked the authority to ban practices it deemed unfair by adopting broad rules. According to the court, the FTC “exceeded its statutory authority” by issuing a “sweeping prohibition” against all non-competition provisions. The Texas district court ruling followed a similar determination by a Florida court which prohibited enforcement of the FTC rule in favor of a specific employer. However, a Pennsylvania court recently ruled that an employer failed to show “irreparable harm” if its non-compete clause was not enforced.

In light of the Texas and Florida rulings the enforceability of the FTC rule is in doubt. However, what is certain is that the enforceability of non-compete provisions addressed by the FTC rule will be the subject of further appeals and perhaps find its way to the United States Supreme Court.

Earlier this year, the Federal Trade Commission (“FTC”) adopted a new rulethat prohibited employers from imposing non-competition restrictions on theiremployees. According to the FTC, such provisions were an unfair restraint oncompetition that violated antitrust laws and suppressed employees’ ...

08/08/2024

Congratulations to Kristen Jasket Piper, Esq. who is celebrating 10 years as Of Counsel with the Law Offices of Damian Christian Shammas, LLC. Kristen is a tireless advocate who is committed to securing justice for all of our clients. We look forward to many more years as a team!

Learn more about Kristen and her practice: https://lnkd.in/eQUgaZ9u

06/08/2024

Exciting news! Our firm is expanding, and we're thrilled to welcome Erica J. Goldring, Esq. as Of Counsel.

Erica brings extensive experience as a civil litigator, specializing in employment, professional liability, property damage, personal injury, breach of contract, and condominium law. Her track record includes successful representation of diverse clients, from global retail chains to small businesses and individuals.

Learn more about Erica and her practice: https://www.shammaslaw.com/damian-c-shammas-bio/erica-goldring/

03/25/2024

Damian Shammas, Esq. has been selected to the New Jersey Super Lawyers, part of Thomson Reuters list for the TENTH consecutive year. The distinction is shared by a mere 5% of attorneys in the State of New Jersey.



*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. A description of the selection methodology can be found at https://lnkd.in/eCsTc67.

04/21/2022

For the eighth year in a row, Damian Shammas, Esq. has been selected to the exclusive Thomson Reuters New Jersey Super Lawyers list. The distinction is shared by a mere 5% of attorneys in the State of New Jersey. From 2012 through 2014, Damian was named to the Thomson Reuters Rising Stars lists.

A description of the selection methodology can be found at https://lnkd.in/eCsTc67.

10/16/2021

The New Jersey Law Against Discrimination (“LAD”), already one of the strongest anti-discrimination laws in the country, was recently amended to expand protections to workers 70 and over. Given that an increasing number of people wish to continue working past the traditional retirement age, Damian Shammas, Esq. discusses this "win" for employees.

Read more: https://bit.ly/3FVLS3S

10/10/2021

In Rios v. Meda Pharmaceutical, Inc., the New Jersey Supreme Court recently held that a direct supervisor’s use of two highly offensive racial slurs could, by themselves, constitute a hostile
work environment. This decision expanded on the Court’s prior decision in which it determined that a single highly offensive racial comment made by the head of an organization could establish a hostile work environment. Damian Shammas, Esq. discusses this recent case.

Read more here: https://bit.ly/3arZdm1

05/31/2021

Remember and Honor

05/31/2021

The Equal Employment Opportunity Commission (“EEOC”) has issued guidance addressing employers’ ability to require their employees to receive COVID-19 vaccinations. According to the EEOC, employers may require their employees to be vaccinated except to the extent that an employee is entitled to reasonable accommodations for disability, pregnancy, and/or sincerely held religious belief, practice, or observance. Damian Shammas discusses how this will affect your employment moving forward.

Read the full blog here: https://bit.ly/34yO5ko

04/11/2021

Ten years ago this month, the Law Offices of Damian Christian Shammas, LLC opened its doors and began serving New Jersey employees in their fight for justice. How time flies! Over the last decade I have had the pleasure and privilege of representing hundreds of people, many of whom I am fortunate
to now call my friends.

I would like to thank everyone who has made this possible, from family and friends to clients and colleagues. Without your support and encouragement none of this would have been possible.

I have had more personal and professional fulfillment and fun over the last ten years than I could ever have imagined. Here’s to many more!

Damian Shammas

04/10/2021

The New Jersey Supreme Court recently clarified the protections provided to pregnant and breastfeeding employees under a 2013 amendment to the New Jersey Law Against Discrimination (“LAD”). Damian Shammas, Esq. reviews this case and what employees need to know if you believe that your employer has discriminated against you or failed to accommodate you.

Read the full blog here: https://bit.ly/3a1Q2ZN