Jed L. Marcus

Principal

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Jed L. Marcus
Jed L. Marcus

“My job is to help our clients navigate the many complicated labor and employment laws that affect them and their businesses.  I am their counselor, and when necessary, an aggressive trial lawyer defending them in court and before government agencies.”

Clients seek out Jed Marcus, who chairs the firm's Labor and Employment practice group, because he brings a unique balance to his practice.  Jed is a true counselor and collaborator, who strongly believes that his primary role is to help his clients avoid costly lawsuits, listening to their needs, understanding their businesses, and helping them comply with the law.  Yet, he is also a skilled and tenacious litigator who has earned a reputation for successfully defending his clients when a lawsuit is filed.

For more than three decades, Jed has represented employers in all types of employment and labor relations matters — in court, before various state and federal human rights departments, and governmental agencies like the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor.  He has handled issues ranging from employment discrimination and wage and hour cases, non-competition and trade secret protection, to class and collective actions and matters dealing with the National Labor Relations Act, Taft Hartley and ERISA.

Jed has successfully defended many employers against highly charged claims of wrongful discharge and retaliation, age discrimination and defamation.  Precedents were set in a number of those cases.  For example, in a recent case brought against eight electrical contractors by multi-employer pension, health and welfare funds, Jed successfully convinced the Third Circuit Court of Appeals that his interpretation of a labor agreement and various trust documents was correct, thus saving those small business owners millions of dollars.

Jed also represented the employer in the precedent setting case in which the New Jersey Appellate Division set out the rules for awarding attorneys’ fees and costs to an employer who prevails in a discrimination case under the New Jersey Law Against Discrimination.   He also successfully represented New Jersey Transit Bus Lines in the first ever interest arbitration case involving bus drivers in the state of New Jersey, prevailing before the arbitrator and successfully defending the decision on appeal. 

Jed is a prolific writer who has authored numerous articles on labor and employment law and labor relations for scholarly journals, legal publications, national magazines and newspapers, and various web-sites, including Xpert HR, a LexisNexis publication.  He is a frequent guest speaker and panelist at seminars and workshops throughout the United States, where he shares his knowledge of these complex laws and his strategies for representing employers. Jed is also an active contributor to the practice area’s legal community in New Jersey as an Executive Committee member of the Labor and Employment Section of the New Jersey State Bar Association and a founder and President of the Academy of New Jersey Management Attorneys. 

  • Successfully represented eight electrical contractors in lawsuit brought by Union Welfare and Pension Fund in multi-million dollar pension contribution case, IBEW Local Union No. 102 v. Star-Lo Elec., Inc., 444 Fed. Appx. 603; 2011 U.S. App. LEXIS 19092 (3d Cir. 2011)
  • Successfully enforced restrictive covenants in favor of national insurance brokerage in Hub International Pennsylvania, LLC v. Christopher M. Missett, 6 A.3d 530 (Pa. Super. 2010)
  • Successfully defended employer before National Labor Relations Board against allegations that it discharged shop steward for engaging in protected activity, Continental Auto Parts, Case No. 22-CA-29125, 2011 NLRB LEXIS 493 (Aug. 26, 2011)
  • Successfully defended employer against claims that it violated the rights of deaf employees under the Americans with Disabilities Act in Azrelyant v. B. Manischewitz Co., 2000 WL 264345, 17 NDLR P 204 (E.D.N.Y. Jan 13, 2000) against employer, including claims that employer violated the rights of ten deaf employees under Americans with Disability Act
  • Successfully tried case to "no cause" in defense of employer against charges of wrongful discharge and retaliation in Raia v. Illinois Tool Works, 2011 U.S. Dist. LEXIS 86625 (EDNY 2011)
  • Successfully defended regional bus company, obtaining "no cause" verdict in lawsuit brought by union for alleged breach of labor agreement and state labor laws, ATU Div. 1614 v. Lakeland Bus Lines, (NJ Superior County, Essex County 2007)
  • Successfully tried case to "no cause" in defense of employer against charges of unlawful discrimination in Stavenik v. Robert Wood Johnson University Hospital (N.J. Superior Court, Middlesex County 2008)
  • Successfully defended employer in fending off NLRB's attempt to obtain Section 10(j) injunction against employer, Mattina, Regional Director, Region 2, NLRB v. Duane Reade, Inc., 2005 WL 1349855 (S.D.N.Y. 2005)
  • Successfully reversed adverse Administrative Law Judge decision. NLRB found that employer did not violate NLRA when it discharged shop steward, Continental Auto Parts, Case No. 22-CA-29125, 2011 NLRB LEXIS 493 (Aug. 26, 2011)
  • Affirming grant of summary judgment in age and race discrimination lawsuit, Ernandez v. Merill Lynch, 2011 U.S. App. LEXIS 20765 (3d Cir. 2011)
  • Successfully reversed adverse district court grant of summary judgment in multi-million dollar pension contribution case, IBEW Local Union No. 102 v. Star-Lo Elec., Inc., 444 Fed. Appx. 603; 2011 U.S. App. LEXIS 19092 (3d Cir. 2011)
  • Superior Court reversed trial court's refusal to issue injunctive relief against former employee who violated terms of restrictive covenant, Missett v. Hub Int'l Pa., LLC, 2010 PA Super 178; 6 A.3d 530 (2010)
  • Boyd v. Interstate Brands Corp., 256 F.R.D. 340 (EDNY 2009), where the trial court ruled in this discrimination class action lawsuit that employees failed to meet the requirement of Fed. R. Civ. P. 23(a)(2) that they demonstrate existence of common questions of law or fact because employees' own expert could not have demonstrated statistically significant evidence of discrimination, and employees failed to demonstrate common questions with respect to racially motivated harassment
  • Appellate Division affirmed right of trial court to award fees to a prevailing employer in NJLAD case, Michael v. Robert Wood Johnson University Hosp., 398 N.J. Super. 159 (App Div. 2008)
  • Affirming grant of summary judgment in age discrimination lawsuit, Bahamondes v. ITW Mark-Tex, Inc., 2006 WL 1950902 (3rd Cir. 2006)
  • Successful defense of employer defending against NLRB's attempt to obtain Section 10(j) injunction against employer, Mattina, Regional Director, Region 2, NLRB v. Duane Reade, Inc., 2005 WL 1349855 (S.D.N.Y. 2005)
  • Affirming grant of summary judgment in gender discrimination lawsuit brought by two male employees protesting grooming policy mandating short hair for men, Rivera v. Trump Plaza Hotel & Casino, 305 N.J. Super 596 (App. Div. 1997)
  • AV Preeminent Rating by Martindale-Hubbell
  • 2013 “Top Rated Lawyer in Labor & Employment” by American Lawyer Media and Martindale-Hubbell
  • Super Lawyers, 2006-2009 *
  • New York Magazine’s “NY Area’s Best Lawyers,” 2010
  • The Best Lawyers in America®, 2011-2017*