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
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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, The 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

New York City "Freelance Isn't Free Act" Rules Went into Effect July 24, 2017Labor and Employment Blog | July 2017

More Changes to the Federal White Collar Overtime Exemptions are on the WayLabor and Employment Blog | July 2017

HR Tip of the Month: Don't be a Dope About Opioids in the WorkplaceLabor and Employment Blog | July 2017

HR Tip of the Month: Understand The Benefits of Severance Pay, The Law And How To Do It RightLabor and Employment Blog | June 2017

Independent Contractor Protection Law In Effect In New York City As Of May 15Labor and Employment Blog | June 2017

New York City Passes Ban On Salary History InquiriesLabor and Employment Blog | June 2017

HR Tip of the Month: Getting into the Weed(s) with Medical Marijuana in New JerseyLabor and Employment Blog | March 2017

New York State Direct Deposit and Debit Card Wage Payment Regulations Invalidated and RevokedLabor and Employment Blog | March 2017

Appellate Court Reaffirms Importance of Getting Jury Waiver Language RightLabor and Employment Blog | February 2017

Use of New Form 1-9 RequiredLabor and Employment Blog | February 2017

HR Tip of the Month: Harassment: It's Not Just Your Own Employees You Have To Worry AboutLabor and Employment Blog | February 2017

HR Tip of the Month: Handbooks Are Only Useful When UsedLabor and Employment Blog | January 2017

New York Raises Weekly Salary Thresholds for Executive and Administrative EmployeesLabor and Employment Blog | January 2017

Morristown Paid Sick Leave Ordinance Goes Into EffectLabor and Employment Blog | January 2017

New Jersey's Minimum Wage Set to IncreaseLabor and Employment Blog | October 2016

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

Morristown Delays Effective Date of New Sick Leave OrdinanceLabor and Employment Blog | October 2016

HR Tip of the Month: Politics in the Workplace, Understand the Legal RisksLabor and Employment Blog | October 2016

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

EEOC’s New Enforcement Guidance on Retaliation ClaimsLabor and Employment Blog | September 2016

The Department of Labor’s Response to the Recent Lawsuit Regarding Overtime RegulationsLabor and Employment Blog | September 2016

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

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

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

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

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

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

New Federal Trade Secrets Law Signed Into EffectLabor and Employment Blog | May 2016

HR Tip of the Month: Autism Awareness MonthLabor and Employment Blog | March 2016

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

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

Employer Policy Prohibiting Employee Recordings in the Workplace Found Unlawful by NLRBLabor and Employment Blog | February 2016

New Jersey Legislators Seek Constitutional Amendment to Raise Minimum Wage to $15.00 Per HourLabor and Employment Blog | February 2016

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

U.S. Department of Labor Issues New Guidance on the Joint Employer StandardLabor and Employment Blog | January 2016

New York State and City – New Regulations on Unlawful Harassment and DiscriminationLabor and Employment Blog | January 2016

New Jersey Legislature – Pending Legislation UpdateLabor and Employment Blog | January 2016

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

NYC Commission on Human Rights issues guidance on the Fair Chance ActLabor and Employment Blog | December 2015

New Jersey Gender Equity Pay Notice - Annual Distribution ReminderLabor and Employment Blog | November 2015

OSHA - Proposed Update to Voluntary Safety and Health Program Management GuidelinesLabor and Employment Blog | November 2015

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

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

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

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

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

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

Federal Court of Appeals Reinforces the Critical Importance of Employer Compliance with All FMLA RegulationsLabor and Employment Blog | September 2015

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

Expanded Joint Employer Standard by the NLRBLabor and Employment Blog | August 2015

HR Tip of the Month: DOL Warning . . . Your Independent Contractors Probably Are EmployeesLabor and Employment Blog | July 2015

New Jersey Supreme Court Unanimously Rules that “Watchdog” Employees Are Entitled to Whistleblower ProtectionsLabor and Employment Blog | July 2015

NYC Ban the Box Law PassedLabor and Employment Blog | June 2015

US DOL Issues Revised FMLA Leave Designation NoticesLabor and Employment Blog | June 2015

HR Tip of the Month: Are You Sure Your Company is Complying With Family Leave Laws?Labor and Employment 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 EmployeesLabor and Employment Blog | April 2015

OSHA Issues New Guidelines to Prevent Violence in the Workplace for Healthcare WorkersLabor and Employment Blog | April 2015

EEOC Issues Proposed Rule Addressing Employer Wellness ProgramsLabor and Employment Blog | April 2015

Trenton Paid Sick Leave Ordinance Restricted to City LimitsLabor and Employment Blog | April 2015

HR Tip of the Month: New Guidance on Employer Handbook PoliciesLabor and Employment Blog | March 2015

Proposed Regulations Issued under New Jersey’s “Ban the Box” LawLabor and Employment Blog | March 2015

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

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