Areas of Practice

Construction Law

Labor and Employment Law

Education

J.D., University of Oklahoma, 1982

  • The Order of the Coif, Member
  • Research Editor, Oklahoma Law Journal

M.A., Rutgers University, 1978

B.A., Rutgers University, 1975

Bar Admissions

Oklahoma, 1982

Ohio, 1985

New Jersey, 1987

New York, 1991

Court Admissions

U.S. Court of Appeals, Tenth Circuit, 1982

U.S. District Court, Northern District of Oklahoma, 1983

U.S. District Court, Western District of Oklahoma, 1983

U.S. District Court, Eastern District of Oklahoma, 1983

U.S. District Court, Northern District of Ohio, 1985

U.S. District Court, District of New Jersey, 1987

U.S. Court of Appeals, Third Circuit, 1987

U.S. District Court, Southern District of New York, 1993

U.S. District Court, Eastern District of New York, , 1993

U.S. Eastern District of Wisconsin, 2001

U.S. Court of Appeals, Second Circuit, 2005

U.S. Supreme Court, 2006

U.S. Western District of New York, 2006

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

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Jed L. Marcus
Member
New Jersey | New York
Tel: 973.514.1200 | Direct: 973.966.9678
Fax: 973.514.1660
jmarcus@bressler.com
Legal Assistant: Patty McKee
Tel: 973.514.1200, ext. 2239
pmckee@bressler.com

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.

     

News & Events

Firm Announcements

Bressler Hosts Breakfast Seminar - Health Care Reform: Its Impact on Employers and Employee Sponsored Health Plans

Bressler Hosts Construction Law Seminar

Bressler Hosts Labor and Employment Breakfast Seminar

Bressler Hosts Labor and Employment Breakfast Seminar

Ten Bressler, Amery & Ross Attorneys Selected as 2009 New Jersey Super Lawyers

Jed L. Marcus to speak at NJSBA Annual Labor & Employment Law Forum

Jed L. Marcus Authors New Jersey Law Journal Commentary Entitled, "Employee 'Free Choice' Act:  The Ultimate Union Bailout".

Jed L. Marcus selected as a 2008 Corporate Counsel Super Lawyer

Seven Bressler, Amery & Ross Attorneys Selected as 2008 New Jersey Super Lawyers

Seven Bressler, Amery & Ross Attorneys Selected as 2007 New Jersey Super Lawyers

Speaking Engagements

Health Care Reform: Its Impact on Employers and Employee Sponsored Health Plans

Hot Topics In Construction Industry Law - 2010

Hot Topics In Labor And Employment Law

What Every Employer Needs to Know in 2009: Recent Developments in Human Resources

Hot Tips in Labor and Employment Law: 2000

The Association of Trial Lawyers of America Boardwalk Seminar 2009

The New Jersey State Bar Association Annual Labor and Employment Law Forum

The ADP 2009 Human Capital Management Seminar

Managing Your Workforce in Difficult Economic Times: Legal Considerations of Downsizing

Boardwalk Seminar of the Association of Trial Lawyers of America, New Jersey

Emerging Trends in Labor and Employment Law - 2008

60th Annual Conference of the Labor and Employment Relations Association

Annual Conference of the Tennessee Employment Relations Association (“Terra”)

The Annual Hot Tips in Labor And Employment Law Forum “Ethical Issues for Employment Lawyers”

Civil Unions Under New Jersey Law

The Annual Labor Law Forum – “Issues of Privilege and Waiver in Workplace Investigations”

Retaliation and the Workplace: Investigating the Whistleblower Retaliation Claim

59th Annual Conference of Labor and Employment Relations Association

Publications

New Jersey Law Journal

Employee "Free Choice" Act:  The Ultimate Union Bailout

New Jersey Law Journal

Diversity at the Crossroads: Corporate Clients Cannot Dictate the Race and Gender of their Attorneys

New Jersey Law Journal

Plaintiffs in Glass Houses Cannot Claim Discrimination

New Jersey Labor and Employment Law Quarterly
The Worker Freedom from Employer Intimidation Act: Panacea or Constitutional Train Wreck?

Perspectives on Work
Whistleblower Claims: A New Jersey Perspective

"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).

Alerts

Labor and Employment Law Alert

Massachusetts Restricts Use Of Criminal Convictions On Applications

Labor and Employment Law Alert

Employee Privacy and Computers: The Good News and Not-So-Bad News in New Jersey

Labor and Employment Law Alert

Contractor Bound To PLA Breached Contract By Assigning Work To Capenters

Labor and Employment Law Alert

Law Against Discrimination Prohibits Sexual Advances By Supplier Against Female Business Owners; FTC Guidelines May Create Company Liability For Employee's Online Endorsements; The New Jersey Supreme Court Lifts The Bar Placed On Public-Interest Attorneys Simultaneously Negotiating Merits And Attorneys' Fees Claims; New York Wage Notification:  An Update

Labor and Employment Law Alert

Recent Developments In Health Care COBRA And Pensions Dominate Labor And Employment Landscape At Close Of 2009

Labor and Employment Law Alert

Important New Developments In Federal Employment Law

Labor and Employment Law Alert

What Did You Do On Your Summer Vacation?  Labor and Employment Activity Over The Summer Makes For An Engaging Fall

Labor and Employment Law Alert

The EEOC and Caregiver Discrimination:  Sex, Race, Disability, and the Creation of a New Protected Class; U.S. Supreme Court Rules Unionized Employees Can Be Compelled to Arbitrate Their Age Discrimination Claims if Their Labor Contracts Contain Clear and Unmistakable Language in Favor of Arbitration; The Department of Labor Issues New Guidance on Compensatory Training Time; Employers Face New Immigration Regulations and Forms

Labor and Employment Law Alert

Deepening Recession Continues to Drive Fundamental Changes in Labor and Employment Environment; The Implications of the New York WARN Act; Don't Bet on Your Arbitration Clause Surviving Your Contract; Employees Engaged in the Storage and Delivery of a Retail Business's Merchandise are Entitled to Time-and-a-Half of their Regular Wages for Overtime

Labor and Employment Law Alert

New Jersey High Court Awards Unemployment Benefits to Striking Nurses; FMLA Jury Award Doubled Because Employer Fails to Make Good Faith Inquiry into Law; President Obama Signs New Law Creating Additional Rights to Recovery for Employees Claiming Discriminatory Pay; Supreme Court Protects from Retaliation Comments Made During an Employer's Internal Discrimination Investigation; "Hands Off The Rat," Declares New Jersey High Court

Business Litigation Alert

New Jersey High Court Clarifies Burden on "Common Law" Whistleblowers; New Jersey Supreme Court Rules on Title Insurance Coverage

Labor and Employment Law Alert

New Jersey High Court Clarifies Burden on "Common Law" Whistleblowers; Employers Who Remove Wage and Hour Claims to Superior Court are Entitled to a Jury Trial; Federal Contractors Must Use E-Verify

Labor and Employment Law Alert

Employers and Employees Threatened By Proposed Employee "Free Choice" Act

Labor and Employment Law Alert

New Jersey Supreme Court Clarifies Standard For Religious Discrimination Claims; New York Enacts "Broadcast Employees Freedom To Work Act"; New York Enacts The New York State Worker Adjustment And Retraining Notification Act; Bressler Defeats Wrongful Discharge Claim After Six Day Jury Trial

Labor and Employment Law Alert
New Jersey Jury Awards Fired Employee $10.7M for Age Discrimination; New Jersey Supreme Court Explains Narrow Scope of Individual Liability Under the New Jersey Law Against Discrimination; and New York High Court Issues Wage and Hour Decision Favorable to Employers on the Issue of Commissions Calculation.

Labor and Employment Law Alert
New Jersey District Court Holds That Mandatory Alcohol Screening of Alcoholic Employees Is Not Discriminatory; New York Enacts New Law to Protect Social Security Numbers; President Signs Bill Outlawing Genetic Testing Bias; The Employer's Fiduciary Obligation Under ERISA; and Fines for I-9 Violations Raised Effective March 27, 2008.

Labor and Employment Law Alert
New Jersey Family Leave Act Allows Paid Leave to Employees; New Jersey Enacts Broad Religious Accommodation Law; and Florida Enacts New Gun Law Trumping Employer Bans on Guns in the Workplace.

Labor and Employment Law Alert

FLMA Amendments – Expanded Protections for Military Families; New IRS Ruling Makes Certain Severance Payments Non-Deductible for Publicly Traded Employers; Department of Labor Proposes Rule Changes to Family Medical Leave Act

Labor and Employment Law Alert
New York Employers Must Now Have Written Agreements for Commissioned Salespersons; NLRB Holds Employer Can Prohibit Employees From Using E-mail System for Organizing; FedEx Doesn't Deliver on Employee/Independent Contractor Distinction - Fined $319 Million; School Boards Need Not Arbitrate the Terminations of Certain Employees

Labor and Employment Law Alert

Want a Jury Trial? Just Don’t Exercise Your Right to Arbitrate at the Onset of a Lawsuit

Labor and Employment Law Alert
Employers Required to Use New Immigration Form I-9 When Hiring Employees on or after November 7, 2007

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).