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
- 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.
- 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.
- 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
October 19, 2021 at Mountain Ridge Country Club at 5:30 p.m.
Wednesday, June 23 at 1:00 p.m.
Twelve Attorneys also Named to New Jersey Rising Stars List This Year
Labor & Employment Seminar, Brach Eichler corporate office
New Jersey Law Journal (quoted in)
Law 360 (quoted in)
NJ.com (quoted in)
ROI-NJ (quoted in)
The Sacramento Bee (quoted in)
New Jersey Law Journal (quoted in)