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

973.364.8372 · 973.618.5972 Fax · arainone@pagconcepts.com

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 Journals New Leaders of the Bar. Additionally, Anthony is the founder and editor of Brach Eichler’s monthly Employment Law Updates.

Super Lawyers Icon - Click to Open Link  Super Lawyers Icon - Click to Open LinkMartindale-Hubbell AV Preeminent Icon - Click to Open Link

*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
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  • 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
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  • 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
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icon Events, September 28, 2021
You’re Invited: Construction Roundtable Panel Discussion

October 19, 2021 at Mountain Ridge Country Club at 5:30 p.m.

icon Events, May 25, 2021

On-demand

icon Press Releases, 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

icon Events, July 21, 2020
Webinar: PPP Considerations for Healthcare

On-demand

icon Lectures, June 8, 2018

Labor & Employment Seminar, Brach Eichler corporate office

icon 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)

icon Articles, May 8, 2018
NJ Prosecutor’s Office Settles Worker’s Civil Rights Suit

Law 360 (quoted in)

icon Articles, April 24, 2018

icon Articles, April 24, 2018
Murphy Signs Equal Pay Law, Aiming to Close Wage Gap

ROI-NJ (quoted in)

icon Articles, April 24, 2018
Undoing Christie’s Veto, Murphy Signs New Equal-Pay Law

The Sacramento Bee (quoted in)

icon Lectures, March 1, 2018

icon Articles, February 21, 2018

New Jersey Law Journal (quoted in)

icon Alerts, September 1, 2017
September 2017 Employment Law Update

icon Alerts, July 31, 2017
July 2017 Employment Law Update

icon Alerts, March 31, 2017
March 2017 Employment Law Update

icon Lectures, March 1, 2017

icon Alerts, February 28, 2017
February 2017 Employment Law Update

icon Alerts, January 31, 2017
January 2017 Employment Law Update

Blog
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Labor and Employment Blog  September 3, 2020
Employers: Handling Your Employees’ Back-to-School Plans
Labor and Employment Blog  June 8, 2020
PPP Relief Through the PPP Flexibility Act of 2020
Labor and Employment Blog  May 29, 2020
PPP Update: Loan Review Procedures
Labor and Employment Blog  May 28, 2020
PPP Update: The Regulation Relating to Loan Forgiveness
Labor and Employment Blog  May 1, 2020
SBA Issues Two More PPP Regulations
Labor and Employment Blog  April 29, 2020
Latest PPP Guidance and Regulations
Labor and Employment Blog  April 28, 2020
PPP Forgiveness Preparation and Workforce Return Plan
Labor and Employment Blog  April 16, 2020
Retroactive Expansion of the New Jersey Family Leave Act
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  March 17, 2020
COVID-19: Getting Employers Through These Uncertain Times
Labor and Employment Blog  June 25, 2018
Regulatory Updates
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  June 5, 2017
New York City Passes Ban On Salary History Inquiries
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