Practice Areas
Industries
Bar and Court Admissions
- New Jersey
- New York
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of New York
Education
- Seton Hall University School of Law, J.D.
- Fordham University, B.A.
Anthony M. Rainone, Member
Co-Chair, Labor and Employment
Anthony Rainone has built a successful practice handling all manner of labor and employment issues as well as a wide range of commercial and construction disputes. No client’s legal challenges are the same as the next. Therefore, at the outset of each matter, Anthony’s first priority is to understand his client’s needs and then tailor an individualized, strategic approach. This high degree of personal service combined with his command of the law consistently yields favorable outcomes for his clients. 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 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
Throughout his career, Anthony has received several professional distinctions. In 2017, he was named to New Jersey Family magazine’s Best Lawyers for Families for Employment and Labor. He has also been consistently peer-review-rated AV Preeminent in Employment, Construction, and Litigation by Martindale-Hubbell. He was named to New Jersey Super Lawyers from 2017 through 2022 and, in 2020, was named a Top 100 Super Lawyer, an honor reserved for those New Jersey lawyers with the most peer nominations. Anthony was also a New Jersey Super Lawyers Rising Star in Employment Litigation from 2009 through 2016. In 2013, Anthony was included in Fortune magazine’s Top Rated Lawyers in Labor & Employment Law and, in 2012, he was named to the New Jersey Law Journal‘s New Leaders of the Bar. Additionally, Anthony is the founder and editor of Brach Eichler’s monthly Employment Law Updates.
*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Click here for the Awards and Honors Methodology.
Notable Matters+
- JHC v. Industrial Services, LLC v. Centurion Companies, Inc., 469 N.J. Super. 306 (App. Div. 2021) – Represented a subcontractor against a contractor for nonpayment, achieving complete success for the contractor’s breach of contract and violation of the Prompt Payment Act. Obtained precedential decision reversing the trial court’s failure to award full attorneys’ fees and costs incurred by the subcontractor as a result of the contractor’s no-pay litigation posture. On remand, the trial court awarded full attorneys’ fees and costs incurred by the subcontractor in prosecuting the claim.
- Resetarits Construction Corp. v. E&N Constr., Inc., 2021 WL 1699727 (W.D.N.Y. 2021) – Represented subcontractor and its principal sued in upstate New York arising out of a construction project in New Jersey. Successfully removed the action to federal court (and obtained denial of plaintiff’s motion o remand). Thereafter, obtained pre-answer dismissal of all claims against the principal and subcontractor for lack of personal jurisdiction.
- Sengebush v. House Values Real Estate School, LLC, 2021 WL 343435 (App. Div. 2021) – Obtained reversal of trial court ruling, on a motion to compel arbitration by a putative employer, that plaintiff was an independent contractor and not an employee as a matter of law.
- MZM Constr. Co. v. NJ Building Laborers Statewide Benefit Funds, 974 F.3d 386 (3d Cir. 2020) – Obtained precedential decision affirming the district court’s grant of a preliminary injunction barring the benefit funds’ attempt to force the contractor into arbitration over benefit fund contributions. On remand, obtained summary judgment finding the benefit funds committed fraud in the execution in causing the contractor to execute documents allegedly causing the contractor to join the union, resulting in a judicial determination that the contractor was not a union member and, therefore, did not own benefit fund contributions.
- 1567 South Realty, LLC v. Strategic Contract Brands, Inc.., 2020 WL 3864974 (App. Div. 2020) – Obtained affirmance of lower court order dismissing complaint and compelling arbitration of all claims, including a construction lien claim, arising out of a commercial construction project.
- Nacirema Demolition and Recycling Inc. v. New Jersey Building Laborers Statewide Benefit Funds, 2020 WL 1041376 (D.N.J. 2020) – Obtained summary judgment dismissing claims by benefit funds against company alleged to be a successor to a previous benefit fund member-company
- MZM Constr. Co., Inc. v. New Jersey Bldg. Laborers Statewide Benefit Funds, 2019 WL 3812889 (D.N.J. Aug. 14, 2019) – Counsel to a New Jersey construction company (also a MBE/WBE) that the union benefit funds sought to compel to arbitrate hundreds of thousands of dollars in claims for benefits despite the company not being a party to a long term collective bargaining agreement or benefits agreements. Anthony & his team successfully obtained a preliminary injunction against the benefit funds from forcing the company into an arbitration proceeding with the funds’ designated arbitrator.
- Jacobs v. Mark Lindsay and Son Plumbing & Heating, Inc., — A.3d — (App. Div. 2019) – Counsel to a licensed professional (financial services) who was victimized by a residential home improvement contractor that had the professional arrested and charged with a crime as a collection tactic arising out of a payment dispute over services allegedly rendered by the contractor. In a published decision after prevailing on the Consumer Fraud Act claims against the contractor and its owner, the Appellate Division reversed the award of no costs and only 6% of the attorneys’ fees requested.
- Espinal v. Pogoriler, 2018 WL 5278706 (D.N.J. Oct. 22, 2018) – Counsel to employer in FLSA wage and hour case. Successfully opposed a proposed FLSA settlement between plaintiff and a co-defendant on the grounds that offering cooperation in the civil lawsuit does not offer any consideration for a FLSA settlement.
- Nacirema Demolition & Recycling Inc. v. N.J. Building Laborers Statewide Benefit Funds, 2018 WL 4258124 (D.N.J. Sept. 9, 2018) – Counsel to construction company facing a union benefit funds trustees arbitration demand. Obtained a preliminary injunction barring the arbitration from proceeding.
- ONF Systems, LLC v. Cargomatic, Inc., 2018 WL 1087500 (D.N.J. Feb. 27, 2018) – Counsel to commercial cargo trucking company facing a civil lawsuit despite the plaintiff’s failure to comply with a condition precedent to suit in the parties’ contract. Obtained a pre-answer dismissal of the lawsuit based upon the plaintiff’s failure to comply with the condition precedent to bringing a lawsuit.
- 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 Wholesalers, 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.
Professional Activities+
- Chair, New Jersey Supreme Court District V-C Ethics Committee
- Member, Caldwell University Business Advisory Council
- Member, Lakeland Bank Advisory Board
- Member, NJBIA, Employment and Labor Law Policy Committee
- Past President, North Essex Chamber of Commerce
Insights+
Awards,
October 14, 2022
The Center for Great Expectations “Hope Lives Here” 2022 Annual Gala – OUTSTANDING SERVICE AWARD: Anthony M. Rainone, Esq. & Brach Eichler LLC
B|E in the News,
October 7, 2022
In Your Opinion: Center For Great Expectations Celebrates 24 Years Of Providing Hope
Articles,
September 26, 2022
Pending NJ bills would greatly impact Home Improvement Contractors in relation to licensing, contractual regulations and litigation issues
Alerts,
September 14, 2022
Reasonable Suspicion Employee Testing Guidance Issued by the New Jersey Cannabis Regulatory Commission
Alerts,
August 18, 2022
Twenty Nine Total Brach Eichler Attorneys Recognized by Best Lawyers in America® 2023
Blogs,
August 8, 2022
NJ Employers: New Jersey Division on Civil Rights Adopts New Regulations on Workplace Posting Requirements
Articles,
July 15, 2022
Forced Arbitration for Sexual Assault or Harassment Claims in the Workplace now Banned by Federal Law
B|E in the News,
June 30, 2022
An Invalid Short Form Agreement and a Common Sense Win for Contractors
Firm Announcements & Wins,
March 28, 2022
27 Attorneys from Brach Eichler Recognized for Inclusion in 2022 Edition of New Jersey Super Lawyers
Blogs,
December 22, 2021
Update on OSHA ETS on Vaccine Mandate for Employers With 100 or More Employees
Alerts,
December 22, 2021
Labor and Employment Alert: Update on OSHA ETS on Vaccine Mandate for Employers With 100 or More Employees
Blogs,
November 18, 2021
Status of OSHA ETS on Vaccine Mandate for Employers With 100 or More Employees
Alerts,
November 18, 2021
Labor and Employment Alert: Status of OSHA ETS on Vaccine Mandate for Employers With 100 or More Employees
B|E in the News,
October 28, 2021
Anthony M. Rainone Discusses the New Jersey Prompt Payment Act and “Fee-Shifting” in the New Jersey Law Journal
Blogs,
October 20, 2021
Employee Premium Surcharges for the Unvaccinated…Make Sure to Read the Fine Print
Alerts,
October 20, 2021
Labor and Employment Alert: Employee Premium Surcharges for the Unvaccinated…Make Sure to Read the Fine Print
Blogs,
October 11, 2021
What You Should Know About the NJ LAD Age Discrimination Provision Amendments
Alerts,
October 11, 2021
Labor and Employment Alert: What You Should Know About the NJ LAD Age Discrimination Provision Amendments
Events,
September 28, 2021
You’re Invited: Construction Roundtable Panel Discussion
October 19, 2021 at Mountain Ridge Country Club at 5:30 p.m.
Alerts,
June 28, 2021
Labor and Employment Alert: OSHA Imposes New COVID-19 Requirements on Healthcare Employers
Events,
June 10, 2021
Webinar: The Road Back to the Office: Key Employment Law Issues That Employers Should Consider Now
Wednesday, June 23 at 1:00 p.m.
Blogs,
June 1, 2021
New Jersey Executive Order 243: The New Rules for Office Reopening and Remote Work
Alerts,
June 1, 2021
Labor and Employment Alert: New Jersey Executive Order 243: The New Rules for Office Reopening and Remote Work
Events,
May 25, 2021
HPRG Webinar: Pandemic Impact Interplay – CARES Act Questions Addressed for Medical Practices
On-demand
Blogs,
April 29, 2021
Court Decision Obligating Employer To Reimburse Employee’s Medical Marijuana Expenses Has Broader Implications
Alerts,
April 29, 2021
Labor and Employment Alert: Court Decision Obligating Employer To Reimburse Employee’s Medical Marijuana Expenses Has Broader Implications
Alerts,
April 14, 2021
Labor and Employment Alert: Mandatory Workplace Arbitration Survives #MeToo Legislation For Now…
Alerts,
March 25, 2021
Labor and Employment Alert: Are Your Employees Still Working Remotely? Beware the Continuous Workday Rule
Firm Announcements & Wins,
March 23, 2021
17 Brach Eichler Members Included in 2021 New Jersey Super Lawyers
Twelve Attorneys also Named to New Jersey Rising Stars List This Year
Alerts,
March 17, 2021
Labor and Employment Alert: New Jersey Legalizes Adult-Use Cannabis: What to Expect in Your Workplace
B|E in the News,
February 18, 2021
Rainone Discusses Legal Implications of Mandatory Vaccines on APP.com
Events,
January 21, 2021
Webinar: The COVID-19 Vaccine: Important Considerations for Healthcare Employers and Employees
On-demand
Blogs,
November 3, 2020
New Jersey Issues COVID-19 Employer Obligations in the Workplace, Effective Nov. 5, 2020
Alerts,
November 3, 2020
Labor and Employment Alert: New Jersey Issues COVID-19 Employer Obligations in the Workplace, Effective Nov. 5, 2020
B|E in the News,
September 16, 2020
Rainone and Magnelli Notch Precedent-Setting Win For Construction Client
Alerts,
September 15, 2020
Labor and Employment Alert: Significant Change to Employee Leave Regulation for Healthcare Providers
Alerts,
September 3, 2020
Labor and Employment Alert: Employers: Handling Your Employees’ Back-to-School Plans
Alerts,
July 2, 2020
Labor and Employment Alert: PPP Update: Some Light Reading Over America’s Birthday Weekend
Alerts,
May 28, 2020
Labor and Employment Alert: PPP Update: The Regulation Relating to Loan Forgiveness
Alerts,
May 19, 2020
Labor and Employment Alert: PPP Update: Loan Forgiveness Application Form Released by the SBA
Alerts,
May 14, 2020
Labor and Employment Alert: The PPP Latest: More Extensions, More Guidance, More Confusion
Alerts,
May 7, 2020
Labor and Employment Alert: Extension to May 14 to Decide Whether to Keep the PPP Money or Return It
Alerts,
April 27, 2020
Labor and Employment Alert: PPP Forgiveness Preparation and Workforce Return Plan
Alerts,
April 16, 2020
Labor and Employment Alert: Retroactive Expansion of the New Jersey Family Leave Act
Alerts,
April 15, 2020
Labor and Employment Alert: The SBA Appears to Change Course on Partner Compensation in the PPP Program
Blogs,
April 9, 2020
A Fly on the Wall During the Most Recent SBA/Treasury Meeting Heard: “No, Really, This Time, We Mean It, You Can Trust This Interpretation of the Paycheck Protection Program”
Alerts,
April 4, 2020
Labor and Employment Alert: FFCRA DOL Regulations and IRS FAQ Guidance Summary
Alerts,
April 3, 2020
Labor and Employment Alert: Congress Giveth, and the Agency Taketh Away – the Paycheck Protection Program Regulations
Blogs,
April 3, 2020
Congress Giveth, and the Agency Taketh Away – the Paycheck Protection Program Regulations
Alerts,
April 2, 2020
Labor and Employment Alert: New Jersey Expands Paid Leave Laws in Response to COVID-19 Pandemic
Alerts,
April 1, 2020
Labor and Employment Alert: SBA Issues Guidance and Application Form for the Paycheck Protection Program
Alerts,
March 31, 2020
Labor and Employment Alert: COVID-19: DOL Substantially Broadens the FFCRA “Health Care Provider” Exemption For Paid Sick and Family Leave
Alerts,
March 30, 2020
Labor and Employment Alert: COVID-19 Crisis: DOL Issues Guidance on Compliance with Families First Coronavirus Response Act (FFCRA)
Blogs,
March 30, 2020
COVID-19 Crisis: DOL Issues Guidance on Compliance with Families First Coronavirus Response Act (FFCRA)
Events,
March 28, 2020
Webinar: COVID-19 Crisis: Highlights of the Paycheck Protection Program in the Keeping American Workers Paid and Employed Act
On-demand
Alerts,
March 27, 2020
Labor and Employment Alert: The Paycheck Protection Program in the Keeping American Workers Paid and Employed Act
Blogs,
March 27, 2020
The Paycheck Protection Program in the Keeping American Workers Paid and Employed Act
Alerts,
March 26, 2020
Labor and Employment Alert: New Jersey Health Insurer Acts to Avoid COBRA Notice Requirement
Alerts,
March 25, 2020
Labor and Employment Alert: COVID-19 Crisis: New DOL Posting Requirement for the Families First Coronavirus Relief Act
Blogs,
March 25, 2020
COVID-19 Crisis: New DOL Posting Requirement for the Families First Coronavirus Relief Act
Events,
March 22, 2020
Webinar: COVID-19 Crisis: How Medical Practices Should Be Responding – Part 2
On-demand
Alerts,
March 19, 2020
Labor and Employment Alert: Next Batter Up: Now the Feds Take Their Swing at Helping Employers and Employees
Blogs,
March 19, 2020
Next Batter Up: Now the Feds Take Their Swing at Helping Employers and Employees
Events,
March 18, 2020
Webinar: COVID-19 Crisis: How Medical Practices Should Be Responding
On-demand
Alerts,
March 18, 2020
Labor and Employment Alert: COVID-19: Take 2 for the New Jersey Legislature’s Proposals for Thousands of Affected Workers
Blogs,
March 18, 2020
COVID-19: Take 2 for the New Jersey Legislature’s Proposals for Thousands of Affected Workers
Alerts,
March 17, 2020
Labor and Employment Alert: COVID-19: Getting Employers Through These Uncertain Times
Firm Announcements & Wins,
March 13, 2020
17 Brach Eichler Members Included in 2020 New Jersey Super Lawyers
Blogs,
November 22, 2019
Lawsuit Against Amazon Highlights Difficulties of Addressing Medical Marijuana in the Workplace
B|E in the News,
November 6, 2019
Capozzi, Rainone, and Markowitz Recognized for Top Settlements by the NJLJ
Alerts,
October 4, 2019
Employment Law Alert: The New Minimum Salary Level for OT Exempt Workers is Here
B|E in the News,
August 26, 2019
Litigation Practice Obtains Significant Arbitration Award For Real Estate Client
Alerts,
April 4, 2019
Employment Law Update – February 2019: New Jersey Has Officially Barred Confidentiality of Settlements of Discrimination, Retaliation, and Harassment Claims
Firm Announcements & Wins,
March 12, 2019
16 Brach Eichler Members Included in 2019 New Jersey Super Lawyers
Blogs,
March 8, 2019
Employment Law Update – March 2019: USDOL Issues the Long-Awaited Proposed Overtime Rule
Events,
June 8, 2018
NJ’s Paid Sick Leave Law – What Employers Need to Know
Labor & Employment Seminar, Brach Eichler corporate office
B|E in the News,
May 11, 2018
Rainone Comments in Law360, NJ.com, and NJLJ on Bergen County Settlement
Articles,
May 8, 2018
$625,000 Accord Ends Suit Over Ex-Prosecutor’s Order for Psych Test of Employee
New Jersey Law Journal (quoted in)
Articles,
May 1, 2018
County Pays $625K to Settle Claim Prosecutor Abused Power, Had Worker Committed
NJ.com (quoted in)
Articles,
April 24, 2018
Undoing Christie’s Veto, Murphy Signs New Equal-Pay Law
The Sacramento Bee (quoted in)
Blogs,
March 29, 2018
Potential New Jersey Equal Pay Law Has Plaintiff’s Lawyers Licking Their Chops
Blogs,
March 29, 2018
Potential New Jersey Equal Pay Law Has Plaintiff’s Lawyers Licking Their Chops
Firm Announcements & Wins,
March 19, 2018
16 Brach Eichler Members Included In 2018 New Jersey Super Lawyers, The Most In Firm’s History
Events,
March 1, 2018
Discipline of Employees: To Bench or Not to Bench
Articles,
February 21, 2018
Bergen County Reaches $1M Settlement in Case Linking Firings to Politics
New Jersey Law Journal (quoted in)
Blogs,
June 13, 2017
HR Tip of the Month: Understand The Benefits of Severance Pay, The Law And How To Do It Right
Blogs,
March 22, 2017
HR Tip of the Month: Getting into the Weed(s) with Medical Marijuana in New Jersey
B|E in the News,
March 15, 2017
New Jersey Super Lawyers Magazine Names Fourteen Attorneys of Brach Eichler as New Jersey Super Lawyers and Five as Rising Stars
Blogs,
March 14, 2017
New York State Direct Deposit and Debit Card Wage Payment Regulations Invalidated and Revoked
Events,
March 1, 2017
“Recordkeeping,” NJBIA Payroll Pitfalls Seminar
Blogs,
February 9, 2017
HR Tip of the Month: Harassment: It’s Not Just Your Own Employees You Have To Worry About
Blogs,
January 2, 2017
New York Raises Weekly Salary Thresholds for Executive and Administrative Employees
