Overview
John J. Sarno, Esq. is counsel at Robinson Miller, LLC in Newark where he consults on all aspects of federal and state court litigation and advises business and nonprofit leaders on complex and confidential management issues. An expert in employment law and workplace culture, John’s practice includes advising management on best practices. He is also consulted on all aspects of litigation, including appeals. In court, he established major precedents, including the employer defense to employee harassment suits and the upholding of arbitration and non-competition agreements. An expert in whistleblower laws, John can be retained by management for complex cases dealing with watchdog employees and executive whistleblowers.
John also has extensive experience in evaluating the feasibility of ADR methods - negotiation, conciliation, mediation and arbitration - and implementing the best possible solution for his clients. He has trained managers in negotiation skills and has coached them to successful outcomes. His depth of experience includes acting as a court-appointed mediator and arbitrator
Formerly president of the Employers Association of New Jersey, John, with an expert staff, provided executive and strategic HR leadership to over one thousand employers. During the 2020-2022 public health emergency, he helped direct critical financial support to essential businesses and guided employers through the complex health and safety landscape. He currently serves on the State Employment and Training Commission and as trustee of the Mental Health Association in New Jersey. Long an engaged citizen and ardent volunteer, the New Jersey Senate and Assembly passed a Joint Resolution in 2023 honoring John's exemplary leadership and contributions to the public good.
Areas of Practice
John Sarno is a seasoned attorney adept at conducting internal investigations and providing expert guidance on fair labor standards, ADA compliance, HR audits, and risk management strategies, specializing in fostering positive employee relations through engagement analysis while offering arbitration and alternate dispute resolution services.
- INTERNAL INVESTIGATIONS
- FAIR LABOR STANDARDS/WAGE-HOUR
- AMERICANS WITH DISABILITIES ACT
- HR AUDITS/EQUAL PAY
- EMPLOYEE MORALE & ENGAGEMENT ANALYSIS
- RISK MANAGEMENT & UNION AVOIDANCE TRAINING
- ARBITRATION & ALTERNATE DISPUTE RESOLUTION
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, NJ, J.D. 1988
Seton Hall University, South Orange, NJ, M.A. in Counseling 1980
Ramapo College of New Jersey, Mahwah, NJ, B.A. in Psychology 1977
Professional Associations and Memberships
Distinguished Executive-in-Residence at Rutgers Business School
Newark and New Brunswick, NJ
2024- 2026
Pro Bono Activities
- Community Health Law Project
- Supreme Court Advisory Committee on Expedited Civil Actions
- Rutgers Equity Alliance for Community Health (REACH)
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
Skuse v. Pfizer N.J. Supreme Court (2020)
- The court ruled that an agreement to arbitrate employment claims is enforceable when an employee provides explicit, affirmative consent, either in writing or written or electronically. The court gives guidance to employers that utilize electronic methods, such as emails and PowerPoint presentations, to obtain employees’ consent and suggests a “click box” is sufficient to make it “unmistakably clear” that the employee is “voluntarily agreeing” to the arbitration policy.
Carrone v. UnitedHealth Third Circuit Court of Appeals (2021)
- Where an employee does not dispute consent to arbitrate employment claims under an agreement with her employer, claims challenging consideration or alleging fraud in the inducement of the arbitration agreement, or that the employer’s promise was illusory must be submitted to the arbitrator for adjudication.
