Eric  Magnelli

Practice Areas

Bar & Court Admissions

  • New Jersey
  • New York
  • United States Court of Appeals for the Second Circuit
  • United States District Court for the District of New Jersey, 2007
  • United States Court of Appeals for the Third Circuit, 2007
  • United States District Court for the Southern District of New York, 2008
  • United States District Court for the Eastern District of New York, 2008

Education

  • Seton Hall University School of Law, J.D.
  • Dominican College, B.A., 2003
  • Seton Hall University's John C. Whitehead School of Diplomacy & International Relations, MA
Eric  Magnelli QR Code

Eric Magnelli

Associate

Assistant:
Janice Scherer
jscherer@bracheichler.com

Eric Magnelli concentrates his practice in labor and employment matters and a broad range of complex litigation.  He counsels clients on a wide range of labor and employment issues such as discrimination, harassment, whistleblowing, discipline and discharge, layoffs, collective bargaining agreements, reasonable accommodations for disabled employees, compliance with state and federal family and medical leave acts, applicable wage and hour laws and ERISA.  He also conducts training in these areas for executives, directors, managers, supervisors and employees and conducts internal investigations of employee complaints.  Eric drafts and provides advice on employment contracts, employment manuals, personnel policies and procedures, restrictive covenants and severance agreements.

In litigation matters, Eric represents clients in New Jersey and New York federal and state courts, arbitrations and before various administrative agencies.  In addition to litigating all types of employment related claims, he represents clients in lawsuits arising from construction disputes, business torts, contract disputes, environmental contamination, and restrictive covenant violations.

Recent successes included:

  • Granting of summary judgment dismissing Plaintiff's CEPA and Public policy claims in a New Jersey State Court action.
  • Dismissal of all claims in a New York City Court action against a New Jersey manufacturer, which included allegations of fraud, breach of contract and breach of warranty.
  • Dismissal of a CERCLA section 113 claim and common law claims for nuisance in a New Jersey federal court action against a New Jersey Fortune 100 company.
  • Obtaining an award for plaintiff trustees of a profit sharing plan in excess of 1 million dollars in connection with an ERISA breach of fiduciary duty action in New Jersey federal court.
  • Obtaining a denial of employee grievances after an arbitration hearing relating to a Collective Bargaining dispute regarding the effective date of hire for seasonal employees who progress to regular employee status.
  • Obtaining an award for payment of a child's college tuition after a trial in New York State family court.
  • Granting of summary judgment on all claims in connection with a breach of a promissory note brought by a small New Jersey company in New Jersey state court.
  • Obtaining a Final Judgment and an award of damages for services performed by a small New Jersey company.

NOTABLE MATTERS

  • Chaaban v. Criscito, 2011 WL 3211556 (D.N.J. 2011), aff’d 468 Fed.Appx. 156 (3d Cir. 2012) (granting summary judgment for plaintiff’s breach of fiduciary duty claim and dismissing all of defendant’s claims)
  • Chaaban v. Criscito, 2013 WL 1737689 (D.N.J. 2013) (awarding over 1 million dollars in attorneys’ fees and costs in connection with plaintiffs’ claim for breach of fiduciary duty)
  • Dandana, LLC v. MBC FZ-LLC, 2011 WL 5412952 (D.N.J. 2011), aff’d 2012 WL 6634902 (3d Cir. 2012) (affirming on appeal the District Court’s granting of summary judgment dismissing all of plaintiff’s claims, which included fraud, breach of contract and unjust enrichment)
  • Dandana, LLC v. MBC FZ-LLC, 2012 WL 6634902 (D.N.J. 2012) (denying plaintiff’s motion to vacate the Final Judgment)
  • Queens West Development Corp. v. Honeywell Int’l Inc.,  2011 WL 3625137 (D.N.J. 2011) (dismissing plaintiff’s claims for CERCLA section 113 liability and nuisance)
  • Donald H. Rumsfeld v. Forum for Academic and Institutional Rights, 544 U.S. 1017 (2005) (in support of the Government’s reversal of the Third Circuit’s ruling that the Solomon Amendment was unconstitutional. The Solomon Amendment requires that in order for law school and its university to receive federal funding, the law school must offer military recruiters the same access to its campus and students that it provides to the nonmilitary recruiter receiving the most favorable access)

LECTURES

  • OSHA Inspections: Your Rights and What to Expect Before, During and After an Inspection (December 2014)
  • Employee Classifications, Overtime Exemptions and Individual Liability under the FLSA and NJ Wage and Hour Law (March 2014)
  • Anti-Harassment/Discrimination Training for Employees (March 2014)
  • Don’t Ask, Don’t Interview – Interview regarding the Solomon Amendment, The National Jurist (January 2006 v.15 no.4
  • Role of the Creditor's Committee Counsel, Navigating FiberMark Issues, 2007 Bankruptcy Bench Bar Conference (April 2007)
  • Employer Monitoring of the Workplace and Employees' Expectation of Privacy (April 2010)
  • Document Retention Policies and Electronically Stored Information (April 2011)

ADDITIONAL NOTEWORTHY INFORMATION

Eric served on active duty with the United States Marine Corps infantry and was honorably discharged with the rank of Sergeant.  During his tour of duty, Eric conducted security operations, riot control and refugee handling in Guantanamo Bay, Cuba.  Eric was awarded and received various honors that included meritorious promotions to Corporal and Sergeant, Navy and Marine Corps Achievement Medal, Humanitarian Service Medal, Certificate of Commendation, two National Defense Service Medals, Joint Meritorious Unit Citation, Navy Meritorious Unit Citation, Armed Forces Service Medal, NCO of the Quarter, Good Conduct Medal, Overseas Service Ribbon and two Sea Service Deployment Ribbons.  Eric was deployed twice throughout the Far East, which included military operations in Indonesia, Thailand, Philippines, Singapore, Malaysia and Okinawa.

In law school, Eric was a co-founder of the Haiti Rule of Law Association, which provided aid and assistance to law students in Jeremie Hall.  In 2005, Eric was selected to travel to Haiti with a selected group of Seton Hall law students and faculty to meet and provide further assistance to their counterparts in Jeremie.

PROFESSIONAL ACTIVITIES

  • New Jersey Manufacturing Extension Program Advisory Board
  • North Essex Chamber of Commerce Board of Directors

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

New Jersey Supreme Court Rules Against Shortened Statute of Limitations for Employment Discrimination ClaimsEmployment 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

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