Tracey E. Diamond

Tracey provides comprehensive guidance to clients on employment law, helping them to achieve their business goals through effective and efficient workforce structuring. She advises on complex workplace issues; provides training; conducts internal investigations; drafts policies and procedures; and negotiates employment and severance agreements.

Tracey plays a key role in transactions, counseling clients on the employment aspects of private equity deals and mergers and acquisitions, as well as labor issues related to corporate deals. In addition to revising employment provisions in purchase agreements and analyzing due diligence, she negotiates and drafts employment-related ancillary documents.

Drawing from significant courtroom experience, Tracey helps clients resolve employment-related litigation and administrative hearings before state and federal agencies, including the Equal Employment Opportunity Commission. She represents employers across all types of matters, including enforcing and defending noncompetition and nonsolicitation clauses, wage and hour class and collective actions, and discrimination, harassment, and retaliation claims. In the labor area, Tracey assists clients with the negotiation of collective bargaining agreements and defense of grievances, including in arbitration.

Tracy leverages her experiences in senior HR and in-counsel roles to better understand her clients and their challenges and help them achieve their objectives. Before joining the firm, she served as director of human resources and operations for a large nonprofit organization where she was responsible for the human resources issues for more than 1,000 employees and contract administration for the agency’s union. As general counsel of a national retail optical company, Tracey was involved in overseeing the company’s employment law matters, negotiating commercial contracts, and managing the litigation docket.

Tracey speaks and writes frequently about a multitude of employment law issues. She is the founder, creator, and co-host of the firm’s Hiring to Firing Podcast, where she discusses hot-button labor and employment law issues with unique perspectives drawn from hit shows and movies. Tracey is the editor of the firm’s Hiring to Firing Law blog, a go-to resource for analysis of issues affecting the workplace. She makes regular media appearances and has been quoted by CBS, The New York Times, The Wall Street Journal, The Washington Post, and Bloomberg, among other publications.

Tracey has served as a qualified mediator for the New Jersey Superior Court and as an adjunct professor at Drexel University Kline School of Law.

• Represented portfolio companies of private equity firms as the employment specialist in numerous add-on acquisitions.
• Represented U.S. entities of international companies as the employment specialist in divestiture of non-core assets.
• Regularly provides advice and counseling to portfolio companies navigating post-transaction and ongoing employment issues.
• Obtained dismissal, affirmed on appeal, of a class action brought by a rejected applicant on behalf of himself and others similarly situated against a major international retailer, claiming he was rejected from employment for testing positive for marijuana in violation of New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
• Obtained summary dismissal, affirmed on appeal, for a biomedical software company in a sexual orientation discrimination case in Massachusetts state court.
• Defended a national manufacturing employer in numerous union arbitrations brought by former employees alleging wrongful discharge.
• Obtained summary judgment for a manufacturer in a race discrimination case in the U.S. District Court for the District of Maryland.
• Counseled a manufacturing company through substantial reductions in force that were implemented without any lawsuits.
• Defended a health care concierge company against exempt misclassification claims brought in federal court.
• Settled numerous discrimination cases in New Jersey Superior Court on terms that were favorable to a mortgage company.
• Assisted a food product manufacturer with negotiating collective bargaining agreements.

• JD Supra, Readers Choice Awards, Labor & Employment (2024)
• New Jersey Law Journal New Jersey Legal Awards – Mentor (2022)
• Best Lawyers in America®: Employment Law – Management (2021-2026); Litigation – Labor and Employment (2018-2026)
• Best Lawyers in America®: Philadelphia “Lawyer of the Year” for Litigation – Labor and Employment (2019, 2024)
• Chambers USA: Labor & Employment, New Jersey (2025)
• Thomson Reuters Stand-out Lawyer (2018-2021) – independently rated lawyers