Anthony M. Rainone

Practice Areas

Bar & Court Admissions

  • New Jersey
  • New York
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Second Circuit

Education

  • Seton Hall University School of Law, J.D., 2003
  • Fordham University, B.A., 1999
Anthony M. Rainone QR Code

Anthony M. Rainone

Member

Assistant:
Janice Scherer
jscherer@bracheichler.com

Anthony is the trusted legal advisor you seek for all of your business and personal legal needs.  Anthony has built a successful practice in labor and employment law in addition to all varieties of commercial and construction disputes. He has done so by providing a high degree of personal service to his clients.  No client's legal problems are the same as the next. Therefore, at the outset of each matter, Anthony's first priority is to understand the client's needs and then tailor the appropriate strategy. He is as comfortable resolving a matter through negotiation as he is litigating a matter all the way through trial and appeal.

Anthony's labor and employment practice encompasses most industries and includes:

  • Acting as outside general counsel for all labor and employment issues
  • Counseling businesses about their labor and employment issues including personnel discipline and termination decisions, employment handbook preparation and leave issues
  • Drafting employment contracts, non-solicitation, non-compete and non-disclosure agreements
  • Assisting with or conducting internal investigations
  • Advising employers on federal and state wage and hour law issues, including representation in connection with Department of Labor inquiries, investigations and charges
  • Responding to state and federal equal employment opportunity administrative proceedings arising out of discrimination or retaliation claims
  • Representing businesses, directors, officers and employees in state and federal court against employee claims of unlawful discrimination, harassment, whistleblower, retaliation and wrongful discharge, collective and class actions for wage and hour violations, and breach of employment contracts
  • Union issues and collective bargaining agreements
  • In particular cases, representing high level officers, directors, executives, and employees in connection with their separation from their company

Anthony's commercial and construction practice covers businesses of all sizes from small retail operations to global manufacturers and includes:

  • Review and drafting of contracts for businesses, project owners, general contractors, subcontractors and suppliers
  • Oppressed shareholder and limited liability company member disputes
  • Breach of contract and fraud claims arising out of services contracts or the sale of goods contracts under Article Two of the Uniform Commercial Code
  • Construction Lien Law claims, mechanics and municipal mechanics lien claims, payment and performance bond claims and trust fund claims

NOTABLE MATTERS

  • Tigner v. Jersey City Hous. Auth., 2014 WL 6386801 (D.N.J. Nov. 14, 2014) - counsel to a public housing authority in the defense of employment discrimination and whistleblower claims under state law and the First Amendment. Obtained summary judgment dismissing all claims before the matter could proceed to trial.
  • Bishop v. Richard Catena Auto Wholsalers, Inc., 2013 WL 2301023 (May 28, 2013) Counsel to automotive enthusiast-purchaser of Rolls Royce automobile in an action under the Consumer Fraud Act. Obtained full refund of purchase price, treble damages, and significant attorneys' fee award with 40% enhancement, all of which was affirmed on appeal by the automotive dealer.
  • Momentive Performance Materials USA Inc. v. Astrocosmos Metallurgical, Inc., 2011 WL6219531 (Dec. 13, 2011), 659 F. Supp.2d 332 (N.D.N.Y. 2009), and 2009 WL 1514912 (June 1, 2009)Counsel to chemical manufacturer in a suit for recovery under Article 2 of the UCC against the manufacturer of a significant piece of industrial equipment, and against its sister and parent companies for tortious interference and piercing the corporate veil.
  • Jones v. Boyle, 2011 WL 2607168 (D.N.J. Jun. 30, 2011) Counsel to a tri-state area tire distribution business, its owner and two supervisors, facing claims of race based wage discrimination under Title Vll asserted by a former employee.  The court granted summary judgment for all defendants dismissed all claims.
  • Van v. Bor. of North Haledon, 2009 WL 181727 (D.N.J. Jun. 22, 2009) Counsel to a municipality and several police officers facing claims of unlawful retaliation and constitutional violations by a former police officer.  The court granted summary judgment for the municipality and the police officers and dismissed all claims.
  • Hunts Point Multi-Service Center, Inc. v. Bizardi, 45 A.D.3d 481 (1st Dept. 2007) Appellate division reversal of the trial court's denial of a pre-answer motion to dismiss the employee's retaliation claim asserted under the New York City and State Human Rights Laws finding that an internal investigation is not an adverse employment action as a matter of law.
  • Cesar v. Highland Care Center, Inc., 37 A.D.3d 393 (3d Dept. 2007) Summary judgment for the employer affirmed dismissing claims of race and gender discrimination and retaliation under Title VII and the New York State and City Human Rights Law.
  • Spinks v. Township of Clinton, 2006 WL 941973 (Law Div. Mar. 27, 2006) aff'd 402 N.J. Super 46 (App. Div. 2008). cert denied, 197 N.J. 476 (2009).  Counsel to a municipality facing claims of age discrimination and retaliation under the New Jersey Law Against Discrimination and the First Amendment asserted by three former police officers.  The court granted summary judgment for the municipality and dismissed all claims.

LECTURES

  • The Shifting Sands: White Collar Overtime Regulation Amendments presented at ADP (June 2016)
  • New Jersey Unemployment Regulations presented at the NJBIA’s Difficult Decisions Seminar (June 2016)
  • HR Series: The Shifting Sands: White Collar Overtime Exemptions and Classification (October 2015)
  • ACA Update presented at the YMCA Regional Finance and IT Conference (September 2015)
  • What Is Work Anyway, presented at the NJBIA seminar Avoiding the Wage and Hour Trap (July 2015)
  • HR Series: Unemployment Claims: When is your employee eligible? (May 2015)
  • Employee Leave Issues Related to Workers Compensation Claims, presented at NJAASC’s April meeting (April 2015)
  • New Jersey Trade Secrets Act and Federal and State Statutes Protecting Against Computer Hacking, presented at NJBIA’s Is Your Confidential Information Safe Seminar (April 2015)
  • New Jersey Unemployment Regulations Relating to Grounds for Disqualifying Employees for Unemployment Benefits presented at NJBIA’s Difficult Decision’s Seminar (March 2015)
  • Thinking of Selling Your Business, presented with Citrin Cooperman to local CEOs, business owners, finance managers and other stakeholders (February 2015)
  • January Meeting of the Oil Heat Association, presented to the Oil Heat Association of New Jersey (January 2015)
  • Obamacare's Employer Mandate After the Final Regulations, presented by NJBIA (November 2014)
  • Obamacare's Employer Mandate After the Final Regulations, presented by NJBIA (September 2014)
  • Performance Reviews: Removing Headaches and Hassles, presented by NJBIA (July 2014)
  • Dealing with Social Media Issues in the HR World, presented by NJBIA (May 2014)
  • Obamacare's Employer Mandate After the Final Regulations, presented to the New Jersey Manufacturers Extension Program (March 2014)
  • Business and Workforce Checkup, presented to the Oil Heat Association of North Jersey (February 2014)
  • Attracting and Retaining Key Employees, presented at Nissivoccia LLP's Executive Roundtable Series (January 2014)
  • Obamacare for Employers - In Detail and in Plain English, presented at ADP as part of its ADP WorkforceNOW presentation (October 2013)
  • Disruptive Physicians: Diffusing the Situation and Creating a Respectful Workplace, presented to the New Jersey Association of Ambulatory Surgery Centers (October 2013)
  • Obamacare for Employers - In Detail and Plain English, presented to the New Jersey Manufacturers Extension Program (October 2013)
  • Obamacare for Employers - in Detail and in Plain English, presented to Flackman Goodman Potter accounting firm (October 2013)
  • Obamacare for Employers - In Detail and in Plain English, presented to the Medical Society of New Jersey (October 2013)
  • Hot Topics in Wage and Hour Law, New Jersey Law Journal's In-House Counsel CLE Seminar, presented at Brooklake Country Club (September 2013)
  • Obamacare for Employer s- In Detail and in Plain English, presented at Citrin Cooperman accounting firm
  • HR for the ASC, presented to the New Jersey Association of Ambulatory Surgery Centers (June 2013)
  • Employment Issues with Starting Your Business, Brach Eichler Business Symposium (June 2013)
  • HR for ASCs: When to Cut and When to Call It (June 2013)
  • Protecting Your Business in the Electronic Age, presented to Spencer Savings Banks Business Account Holders and Contacts (April 2013)
  • Protecting Your Business in the Electronic Age, presented to Sax Macy Fromm & Co., P.C. Financial Managers Forum (March 2013)
  • Obamacare for Employers - In Detail and in Plain English (March 2013)
  • Exempt vs. Non-Exempt Employee Classification, NJBIA HR 101 (November 2012)
  • The Pitfalls of Worker Misclassification, New Jersey Society of CPAs Essex County Chapter (October 2012)
  • Accounting Expert Witness Best Practices, New York State Society of CPAs Business Valuation Committee (September 2012)
  • What Every Business Should Know About the Consumer Fraud Act, presented for the North Essex Chamber of Commerce (August 2012)
  • Handling Harassment in the Workplace, Engineers Club of New Jersey (June 2012)
  • Protecting Your Business in the Electronic Age, presented to Spencer Savings Bank Business Account Holders and Contacts (June 2012)
  • My Employee Stole Trade Secrets: Now What Do I Do? (approved for CLE in NJ/NY and HRCI), Employment Law Series (June 2012)
  • Summary of Accounting Expert Witness Rules in New York (approved for CPE), New York State Society of CPAs (June 2012)
  • Trade Secrets: Reconciling Policy with Reality in the Workplace (including the New Jersey Trade Secrets Act) (approved for CLE in NJ/NY and HRCI), Employment Law Series (April 2012)
  • The Duty to Preserve and Spoliation (approved for CLE in NJ/NY and HRCI), Employment Law Series (February 2012)
  • Accounting Expert Witness Best Practices (approved for CPE), New York State Society of CPAs (January 2012)
  • The Duty to Preserve and Spoliation (October 2011)
  • Protect Yourself Before You Wreck Yourself (employee classification issues and the reverse audit of your labor workforce) (April 2011)

PUBLICATIONS

  • Brach Eichler Employment Services Group Releases, "Restrictive Covenant Case Law Annual Review" (February 2014)
  • "The NLRB and Social Media: A Work in Progress," ABA Section of Litigation, Employment & Labor Relations Law Newsletter (Winter 2012)
  • New Jersey Physician, "Avoid Civil Liability: Under the Cullen Act" (December 2011)
  • Title VII Circuit Review: When 'Other Actions' of Employers Become Materially Adverse, ABA Section of Litigation, Employment & Labor Relations Law Newsletter (June 2011)
  • The Impact of Gross; Is It Too Much to Stomach?, ABS Section of Litigation, Employment and Labor Relations Law Newsletter (Spring 2010)
  • Burlington Northern v. White, Just When Is an Employee Engaging in a Protected Activity?, ABA Section of Litigation, Employment & Labor Relations Law Newsletter (December 2009)
  • New York: The Land of Opportunity for the Judgment Creditor, ABA Section of Litigation, Trial Practice Newsletter (Spring 2005)

PUBLICATIONS

ADDITIONAL NOTEWORTHY INFORMATION

 Anthony has received several professional distinctions throughout his career, which include:

  • Martindale Peer Review rated as AV Preeminent in Employment, Construction, and Litigation

  • Fortune Magazine 2013 Top Rated Lawyers in Labor & Employment Law

  • New Jersey Super Lawyers 2017

  • New Jersey Super Lawyer Rising Star, Employment Litigation from 2009-2016

  • New Jersey Law Journal's 2012 New Leaders of the Bar

  • Founder and editor of the Brach Eichler’s Employment Services Group monthly Employment Law Updates e-newsletter and quarterly Helpful Hints newsletter

  • Appointed guardian ad litem by Senior U.S. District Judge Dickenson R. Debevoise in a dispute over the proceeds of a life insurance policy in Prudential Ins. Co. of Amer. V. Fantaye, Civil Case No. 08-3172 (D.N.J.)

 

PROFESSIONAL ACTIVITIES

  • New Jersey Supreme Court District V-C Ethics Committee, Member
  • Lakeland Bank Advisory Board
  • Caldwell University Business Advisory Council, Member
  • Engineers Club of New Jersey, Member and Advisor to Executive Committee
  • Employers Legislative Committee, Essex County Chapter, Co-Chair
  • North Essex Chamber of Commerce, Past President
  • NJBIA, Employment and Labor Law Policy Committee, Member

RECENT BLOG POSTS

HR Tip of the Month: Handbooks Are Only Useful When UsedEmployment Services Blog | January 2017

New York Raises Weekly Salary Thresholds for Executive and Administrative EmployeesEmployment Services Blog | January 2017

Morristown Paid Sick Leave Ordinance Goes Into EffectEmployment Services Blog | January 2017

New Jersey's Minimum Wage Set to IncreaseEmployment Services Blog | October 2016

New Overtime Regulations Go Into Effect on December 1, 2016Employment Services Blog | October 2016

Morristown Delays Effective Date of New Sick Leave OrdinanceEmployment Services Blog | October 2016

HR Tip of the Month: Politics in the Workplace, Understand the Legal RisksEmployment Services Blog | October 2016

HR Tip of the Month: If Retaliation Claims Still Are Not On Your Radar, You Need To Adjust Your AntennaEmployment Services Blog | September 2016

EEOC’s New Enforcement Guidance on Retaliation ClaimsEmployment Services Blog | September 2016

The Department of Labor’s Response to the Recent Lawsuit Regarding Overtime RegulationsEmployment Services Blog | September 2016

HR Tip of the Month: Pregnancy Accommodation Requests. . . Are You Responding Properly?Employment Services Blog | July 29, 2016

While You Are on Vacation, the U.S. Equal Employment Opportunity Commission is Staying Busy This SummerEmployment Services Blog | June 2016

New Jersey Supreme Court Rules That Unlawful Marital Status Discrimination Includes Employees Who Are In the Process of Getting DivorcedEmployment Services Blog | June 2016

HR Tip of the Month: Do You Remember the Last Time You Reviewed Your Company’s Handbook?Employment Services Blog | June 2016

New Jersey Supreme Court Rules Against Shortened Statute of Limitations for Employment Discrimination ClaimsEmployment Services Blog | June 2016

HR Tip of the Month: The New Overtime Regulations Are Here . . . Are You Prepared?Employment Services Blog | May 2016

New Federal Trade Secrets Law Signed Into EffectEmployment Services Blog | May 2016

HR Tip of the Month: Autism Awareness MonthEmployment Services Blog | March 2016

The U.S. DOL’s Revised White Collar Overtime Rule is Closer to Being EffectiveEmployment Services Blog | March 2016

HR Tip of the Month: When Taking Adverse Employment Actions, Don’t Forget To Consider The Risk Of A Whistleblower Retaliation ClaimEmployment Services Blog | February 2016

Employer Policy Prohibiting Employee Recordings in the Workplace Found Unlawful by NLRBEmployment Services Blog | February 2016

New Jersey Legislators Seek Constitutional Amendment to Raise Minimum Wage to $15.00 Per HourEmployment Services Blog | February 2016

HR Tip of the Month: Retaliate Against Employees You Say? Not Me.Employment Services Blog | January 2016

U.S. Department of Labor Issues New Guidance on the Joint Employer StandardEmployment Services Blog | January 2016

New York State and City – New Regulations on Unlawful Harassment and DiscriminationEmployment Services Blog | January 2016

New Jersey Legislature – Pending Legislation UpdateEmployment Services Blog | January 2016

HR Tip of the Month: A New Year’s Resolution . . . Implementation of Non-Competition, Non-Solicitation and Company Property AgreementsEmployment Services Blog | December 2015

NYC Commission on Human Rights issues guidance on the Fair Chance ActEmployment Services Blog | December 2015

New Jersey Gender Equity Pay Notice - Annual Distribution ReminderEmployment Services Blog | November 2015

OSHA - Proposed Update to Voluntary Safety and Health Program Management GuidelinesEmployment Services Blog | November 2015

New York City Commuter Benefits Law - Effective January 1, 2016Employment Services Blog | November 2015

HR Tip of the Month: The Company Holiday Party – ‘Tis the season to be naughty?Employment Services Blog | November 2015

HR Tip of the Month: Overtime Exempt? Overtime Non-Exempt? Which one is it?Employment Services Blog | October 2015

Minimum Wage Rates and Overtime Salary Level for 2016 in New Jersey and New YorkEmployment Services Blog | October 2015

US DOL Will Begin Enforcement of the New Home Care Final Rule on January 1, 2016Employment Services Blog | October 2015

HR Tip of the Month: Employee Performance Reviews... Are You Doing It Right?Employment Services Blog | September 2015

Federal Court of Appeals Reinforces the Critical Importance of Employer Compliance with All FMLA RegulationsEmployment Services Blog | September 2015

Is Your Employee's On-Call Time Compensable Work Time or Not?Employment Services Blog | August 2015

Expanded Joint Employer Standard by the NLRBEmployment Services Blog | August 2015

HR Tip of the Month: DOL Warning . . . Your Independent Contractors Probably Are EmployeesEmployment Services Blog | July 2015

New Jersey Supreme Court Unanimously Rules that “Watchdog” Employees Are Entitled to Whistleblower ProtectionsEmployment Services Blog | July 2015

NYC Ban the Box Law PassedEmployment Services Blog | June 2015

US DOL Issues Revised FMLA Leave Designation NoticesEmployment Services Blog | June 2015

HR Tip of the Month: Are You Sure Your Company is Complying With Family Leave Laws?Employment Services Blog | June 2015

HR Tip of the Month: Llamas, Alpacas and Birds, Oh My! Allowing Animals In The Workplace May Be A Reasonable Accommodation For Disabled EmployeesEmployment Services Blog | April 2015

OSHA Issues New Guidelines to Prevent Violence in the Workplace for Healthcare WorkersEmployment Services Blog | April 2015

EEOC Issues Proposed Rule Addressing Employer Wellness ProgramsEmployment Services Blog | April 2015

Trenton Paid Sick Leave Ordinance Restricted to City LimitsEmployment Services Blog | April 2015

HR Tip of the Month: New Guidance on Employer Handbook PoliciesEmployment Services Blog | March 2015

Proposed Regulations Issued under New Jersey’s “Ban the Box” LawEmployment Services Blog | March 2015

Order by Acting Labor Commissioner on Tipping Practices in the Hospitality Industry in New York State and CityEmployment Services Blog | March 2015

Definition of “Spouse” Under the FMLA Now Includes Same-Sex Spouses No Matter Where They LiveEmployment Services Blog | March 2015

Hospital Violates NLRA with Policy Barring Nurses from Wearing Union Ribbons in Patient Areas and Limiting Off-Duty Access to HospitalHealth Law Blog | March 13, 2012