John J. Sarno
Counsel
John J. Sarno specializes in employment and labor law. He has litigated cases in state and federal courts, including wrongful termination and retaliatory discharge, and is often retained to handle complex appeals. He regularly counsels management on proactive policies and practices to maintain positive employee relations. He publishes extensively on labor and employment law and regularly teaches HR law.
John is also President of the Employers Association of New Jersey and Executive Trustee of Affiliated Physicians and Employers Health Plan. As such, he provides strategic leadership to help good employers be better through advice, counsel, training and benefits plans.
Areas of Practice
- Employment Law
- Fair Labor Standards
- Disability/Leave Law
- Labor law
- Affordable Care Act
Bar Admissions
- New Jersey, 1989
- U.S. Court of Appeals 3rd Circuit, 1990
- U.S. Supreme Court, 1990
- U.S. District Court District of New Jersey, 1990
Education
- Seton Hall University School of Law, Newark, New Jersey
- Juris Doctor - 1988
- Seton Hall University
- M.A.
- Major: Counseling
- Ramapo College of New Jersey
- B.A.
- Major: Psychology
Representative Cases
- Maw v. Advanced Clinical Communications, Inc.,, 179 N.J. 439 (2003) (refusal to sign a non-competition agreement does not constitute protected activity under the New Jersey Conscientious Employee Protection Act (CEPA))
- Gerety v. Atlantic City Hilton Casino Resort, 184 N.J. 391 (2005) (employee who is disabled due to pregnancy not entitled to extended leave of absence under a uniformly applied leave policy that is non-discriminatory on its face)
- D’Annunzio v. Prudential Insurance Company, 192 N.J. 110 (2007) (whether an independent contractor has standing to sue under CEPA)
- Stengart v. Loving Care Agency, Inc., 201 N.J. 300 (2010)(whether an email sent from an employee to her attorney from a company-issued laptop could be read by the employer)
- Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010)(whether a director of human resources can use company-confidential information obtained in her capacity as HR Director to sue her former employer, alleging gender discrimination and retaliatory discharge)
- Aguas v. State of New Jersey, N.J. Supreme Court (2015) (whether employees can avoid liability by taking strong and aggressive anti-harassment measures)
- White v. Starbucks, N.J. Appellate Division (2011) (whether an employee states a cause of action under CEPA when the alleged whistleblowing activity constitutes the activities that an employee is hired and paid to perform.)
- Winters v. No. Hudson Regional Fire & Rescue, 212 N.J. 67 (2012)(whether a public employee who fully adjudicates a disciplinary notice can later sue his employer under CEPA)
- Lippman v. Ethicon, N.J. Supreme Court (2014) (Whether acts within the scope of an employee’s duties can constitute whistleblowing activities under CEPA.)
- Puglia v. Elk Pipeline, (2015) (whether the National Labor Relations Act preempts state law civil claims under the Conscientious Employee Protection Act that arise out of a collective bargaining agreement or that relate to terms and conditions of employment common to employees) (NJ Supreme Court)
Professional Associations and Memberships
- Employers Association of New Jersey, President
- NJ Superior Court, Arbitrator and Mediator
- National Conference of State Legislators, Blue Ribbon Panel on Human G
Pro Bono Activities
- Community Health Law Project
- Supreme Court Advisory Committee on Expedited Civil Actions
