Practice Areas
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
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 2019 and was 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.
Notable Matters+
- 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 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+
- Board Member, The Center for Great Expectations
- 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, Past President
Insights+
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
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)
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
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
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
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
Alerts, March 17, 2020
Labor and Employment Alert: COVID-19: Getting Employers Through These Uncertain Times
Alerts, October 4, 2019
Employment Law Alert: The New Minimum Salary Level for OT Exempt Workers is Here
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
Lectures, June 8, 2018
NJ’s Paid Sick Leave Law – What Employers Need to Know
Labor & Employment Seminar, Brach Eichler corporate office
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)
Press Releases, March 19, 2018
16 Brach Eichler Members Included In 2018 New Jersey Super Lawyers, The Most In Firm’s History
Lectures, 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)
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
Lectures, March 1, 2017
“Recordkeeping,” NJBIA Payroll Pitfalls Seminar
Blog+
Labor and Employment Blog April 6, 2020
CARES Act and Retirement Plan Changes
Labor and Employment Blog April 4, 2020
FFCRA DOL Regulations and IRS FAQ Guidance Summary
Labor and Employment Blog April 3, 2020
Congress Giveth, and the Agency Taketh Away – the Paycheck Protection Program Regulations
Labor and Employment Blog April 2, 2020
New Jersey Expands Paid Leave Laws in Response to COVID-19 Pandemic
Labor and Employment Blog April 1, 2020
SBA Issues Guidance and Application Form for the Paycheck Protection Program
Labor and Employment Blog March 30, 2020
COVID-19 Crisis: DOL Issues Guidance on Compliance with Families First Coronavirus Response Act (FFCRA)
Labor and Employment Blog March 27, 2020
The Paycheck Protection Program in the Keeping American Workers Paid and Employed Act
Labor and Employment Blog March 26, 2020
New Jersey Health Insurer Acts to Avoid COBRA Notice Requirement
Labor and Employment Blog March 25, 2020
COVID-19 Crisis: New DOL Posting Requirement for the Families First Coronavirus Relief Act
Labor and Employment Blog March 19, 2020
Next Batter Up: Now the Feds Take Their Swing at Helping Employers and Employees
Labor and Employment Blog March 18, 2020
COVID-19: Take 2 for the New Jersey Legislature’s Proposals for Thousands of Affected Workers
Labor and Employment Blog March 17, 2020
COVID-19: Getting Employers Through These Uncertain Times
Cannabis Law, Labor and Employment Blog November 22, 2019
Lawsuit Against Amazon Highlights Difficulties of Addressing Medical Marijuana in the Workplace
Labor and Employment Blog March 8, 2019
Employment Law Update – March 2019: USDOL Issues the Long-Awaited Proposed Overtime Rule
Labor and Employment Blog June 25, 2018
Regulatory Updates
Labor and Employment Blog March 29, 2018
Potential New Jersey Equal Pay Law Has Plaintiff’s Lawyers Licking Their Chops
Labor and Employment Blog March 29, 2018
Potential New Jersey Equal Pay Law Has Plaintiff’s Lawyers Licking Their Chops
Labor and Employment Blog March 28, 2018
HR Tip of the Month: Autism Awareness Month
Labor and Employment Blog November 17, 2017
2018 Qualified Plan Limits
Labor and Employment Blog July 28, 2017
New York City “Freelance Isn’t Free Act” Rules Went into Effect July 24, 2017
Labor and Employment Blog July 24, 2017
More Changes to the Federal White Collar Overtime Exemptions are on the Way
Labor and Employment Blog July 18, 2017
HR Tip of the Month: Don’t be a Dope About Opioids in the Workplace
Labor and Employment Blog June 13, 2017
HR Tip of the Month: Understand The Benefits of Severance Pay, The Law And How To Do It Right
Labor and Employment Blog June 7, 2017
Independent Contractor Protection Law In Effect In New York City As Of May 15
Labor and Employment Blog June 5, 2017
New York City Passes Ban On Salary History Inquiries
Labor and Employment Blog March 22, 2017
HR Tip of the Month: Getting into the Weed(s) with Medical Marijuana in New Jersey
Labor and Employment Blog March 14, 2017
New York State Direct Deposit and Debit Card Wage Payment Regulations Invalidated and Revoked
Labor and Employment Blog February 16, 2017
Appellate Court Reaffirms Importance of Getting Jury Waiver Language Right
Labor and Employment Blog February 9, 2017
HR Tip of the Month: Harassment: It’s Not Just Your Own Employees You Have To Worry About
Labor and Employment Blog February 9, 2017
Use of New Form 1-9 Required
Labor and Employment Blog January 31, 2017
HR Tip of the Month: Handbooks Are Only Useful When Used
Labor and Employment Blog January 26, 2017
Brach Eichler Benefits Review
Labor and Employment Blog January 10, 2017
Morristown Paid Sick Leave Ordinance Goes Into Effect
Labor and Employment Blog January 2, 2017
New York Raises Weekly Salary Thresholds for Executive and Administrative Employees
