Jed L. Marcus chairs the firm's Labor and Employment Law practice group. He represents employers throughout the United States on all types of employment and labor relations matters. He is well known for his vigorous and successful representation of employers in employment and labor litigation, both in court, and before the National Labor Relations Board, including matters involving employment discrimination, non-competition and trade secret protection, Taft Hartley and ERISA, wage and hour, and class and collective actions. Mr. Marcus regularly counsels employers on employment discrimination, wrongful termination, sexual harassment, NLRB matters, wage and hour, executive compensation, the protection of trade secrets, ERISA and benefits, and Title VII compliance. He conducts investigations into harassment, discrimination, and whistleblower claims, and regularly trains supervisors and employees on labor and employment matters. Mr. Marcus has authored numerous articles on employment and labor law. He is also a frequent speaker and panelist at seminars and workshops.
Honors/Awards
· Rated AV Preeminent by Martindale-Hubbell
· Listed in Super Lawyers, 2007-2012
· Listed in New York Magazine's "NY Area's Best Lawyers", 2010
· Listed in The Best Lawyers in America ®, 2011-2012 (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.)
News & Events
Publications
Employment Arbitration and Defense Contracts Under the Obama Administration
New Jersey Lawyer Magazine, April 2011
Employee "Free Choice" Act: The Ultimate Union Bailout
New Jersey Law Journal, December 29, 2008
Diversity at the Crossroads: Corporate Clients Cannot Dictate the Race and Gender of their Attorneys
New Jersey Law Journal, November 19, 2007
Plaintiffs in Glass Houses Cannot Claim Discrimination
New Jersey Law Journal, July 9, 2007
The Worker Freedom from Employer Intimidation Act: Panacea or Constitutional Train Wreck?
New Jersey Labor and Employment Law Quarterly
Whistleblower Claims: A New Jersey Perspective
Perspectives on Work, July 2007
"The NJLAD, Speech Codes, And New Jersey's Assault On The First Amendment," Seton Hall Legislative Law Journal, Vol. 28, No. 2 (2004).
"Department of Labor Impermissibly Expands the Family and Medical Leave Act," New Jersey Law Journal, Vol. 168, No. 6 (May 6, 2002).
"New York and New Jersey Courts Diverge Over Validity of DOL Regulations on FMLA Notification," The Metropolitan Corporate Counsel (February, 2002).
"Restrictive Covenants: Protecting Intellectual Property from Dotcom Raiders," Intellectual Property & Technology Law Journal, Vol. 12, No. 10 (October, 2000).
"Is a Hair Line Rule Sex Discrimination?" The Metropolitan Corporate Counsel (November, 1998).
"Third Circuit Signals End to Hunting Season," N.J.L.J. (1998).
"New Jersey Courts Can Compel Arbitration of State Discrimination Claims Under Labor Contracts," 152 N.J.L.J. 1068 (1998).
"Parties Go for the Gold Against Individual Defendants," N.J.L.J (1996)
"National Identity File Threatens Our Liberty," National Law Journal (November 7, 1994).
"Weighting GATT and NAFTA: A Tale of Two Treaties," Corporate Legal Times, October, 1994.
"Let's Put the Horse Before the Cart: Giving Meaning and Effect to the Casino Control Act in Representation Elections" 12 Labor and Employment Law Section Newsletter 14 (June, 1989).
"The NLRB and Milwaukee Spring: The Duty to Bargain over Plant Closings and Relocations" 55 Okla. Bar J. 709 (1984).
Note, "What Constitutes Good Cause for Discovery in Oklahoma" 34 Okla. L. Rev. 110 (1981).
Published Decisions
Farmland Dairies, Inc. v. Milk Drivers & Dairy Employees Union Local 680, 956 F. Supp. 1190 (D.N.J. 1997).
Jones v. Jersey City Medical Center, 20 F. Supp 2d 770 (D. N.J. 1998).
Johnson-Memoli v. ADT Corporation, 1998 WL 352591 (S.D.N.Y. 1998).
Layne v. ADT Corporation, 1999 WL 58674 (S.D.N.Y. 1999).
Azrelyant v. B. Manischewitz Co., 2000 WL 264345 (E.D.N.Y. 2000).
LoPresti v. Merson, 2001 WL 1132051 (S.D.N.Y. 2001).
Brennan v. Bally Total Fitness, 198 F. Supp. 2d 377 (S.D.N.Y. 2002).
Mattina, Regional Director, Region 2, NLRB v. Duane Reade, Inc., 2005 WL 1349855 (S.D.N.Y. 2005).
Gacina v. Jersey City Medical Center, 178 L.R.R.M. (BNA) 3010 (D. N.J. 2006).
Jalil v. Avdel Corporation, 873 F. 2d 701 (3rd Cir. 1989).
Woods-Pirozzi v. Nabisco Foods, 290 N.J. Super 252 (App. Div. 1996).
Rivera v. Trump Plaza Hotel & Casino, 305 N.J. Super 596 (App. Div. 1997).
Michael v. Robert Wood Johnson University Hospital, 2006 WL 1133288 (App. Div. 2006).
Bahamondes v. ITW Mark-Tex, Inc., 2006 WL 1950902 (3rd Cir. 2006).
Riddle v. Liz Claiborne, Inc, 2006 WL 3057289 (S.D.N.Y. 2006).
Sierra v. Bally Total Fitness Corp, 2007 WL 1028937(E.D.N.Y.,2007).
Raia v. Illinois Tool Works Inc, 2007 WL 4565139 (E.D.N.Y.,2007).
Professional Affiliations
American Bar Association
- Member, Litigation Section
- Member, Labor and Employment Law Section
- Labor and Employment Research Association
New Jersey State Bar Association
- Executive Committee Member, Labor and Employment Law Section
New York State Bar Association
Oklahoma Bar Association