Richard S. Zackin

Richard S. Zackin joined the firm in 1975, and has for many years engaged in general commercial litigation and a concentrated practice of employment law in the areas of both litigation and client counseling. He has been particularly active in discrimination and wrongful discharge matters and has focused extensively on reduction-in-force and other employment termination related issues. He has also authored articles dealing with some of these more timely issues.

Education
Rutgers University School of Law (J.D., 1970)
Managing Editor, Rutgers Law Review, 1969-1970

Rutgers University (B.A., 1967)

Professional Admissions
State of New York 1982

State of New Jersey 1971

United States District Court for the Southern District of New York 1990

United States District Court for the Eastern District of New York 1990

United States District Court for the District of New Jersey 1971

United States Court of Appeals for the First Circuit 1997

United States Court of Appeals for the Fifth Circuit 1987

United States Court of Appeals for the Third Circuit 1971

United States Supreme Court 1980

Professional Activities
Assistant United States Attorney, District of New Jersey, 1971-1975

Editor, Gibbons on Federal Practice in New Jersey (published by the New Jersey Institute for Continuing Legal Education)

Member, New Jersey State Bar Association, Section on Labor & Employment

Member, American Bar Association, Section of Litigation Committee on Appellate Practice Litigation; Section of Litigation Committee on Employment and Labor Relations Law Litigation

Faculty, "New Jersey Employment Discrimination Issues In The '90's," National Business Institute, Inc. Seminar (1993)

Member, New Jersey Supreme Court District Ethics Committee (1995-1999)

Editor, Gibbons Employment & Labor Law Alert blog
(www.employmentlawalert.com)

Publications
"Employers Must Make Sure They Have Evidence of Employee’s Receipt of FMLA Notices," Employment Law Alert, August 14, 2014

"New Executive Orders Impact Government Contractors in Their Capacity as Employers," Employment Law Alert, August 11, 2014

"New Jersey Supreme Court Clarifies Whistleblower Law," Employment Law Alert, July 10, 2014

"New Jersey Appellate Court Upholds Agreements Shortening the Statute of Limitations for Employment-Related Claims," Employment Law Alert, June 25, 2014

"New Jersey Appellate Court Upholds Agreements Shortening the Statute of Limitations for Employment-Related Claims," Employment Law Alert, June 25, 2014

"EEOC Focusing on Telecommuting as a Reasonable Accommodation," Employment Law Alert, May 21, 2014

"EEOC Challenges Separation/Release Agreements," Employment Law Alert, February 28, 2014

"A New Jersey Federal Court Holds that the Stored Communications Act Applies to "Wall Posts" on Facebook," Employment Law Alert, September 4, 2013

"U.S. Supreme Court Ruling in Windsor Striking Down DOMA Will Expand Workplace Protections for Employees in Legally Recognized Same-Sex Marriages," Employment Law Alert, July 2, 2013 (Mitchell Boyarsky, Kristin D. Sostowski, Richard S. Zackin)

"The U.S. Supreme Court Decides Who is a "Supervisor" for Title VII Purposes," Employment Law Alert, June 25, 2013

"Supreme Court Reviews Employer Reimbursement Provisions in Employee Benefits Plans," Employment Law Alert, May 2, 2013

"The Supreme Court Addresses Offers of Judgment in the Context of Collective Actions," Employment Law Alert, April 29, 2013

"The New Jersey Appellate Division Holds that Requiring Self-Declared Alcoholics to Abstain From Alcohol Use and to Submit to Alcohol Testing Constitutes Handicap Discrimination in Employment," Employment Law Alert, December 10, 2012

"EEOC v. United Airlines, Part II -- Denying a Disabled Employee's Request to Fill a Vacant Position as an Accommodation Because More Qualified Candidates are Available Remains Problematic Under the ADA," Employment Law Alert, September 13, 2012

"Third Circuit Establishes Test for Determining "Joint Employer" Liability Under the FLSA," Employment Law Alert, July 26, 2012

"Seventh Circuit Applies FLSA's Administrative Exemption to Pharmaceutical Sales Representatives," Employment Law Alert, May 29, 2012

"Denying a Disabled Employee's Request to Fill a Vacant Position as an Accommodation Because More Qualified Candidates are Available Remains Problematic Under the ADA," Employment Law Alert, May 11, 2012

"EEOC Publishes New ADEA Regulations for the "Reasonable Factors Other Than Age" Defense," Employment Law Alert, March 30, 2012

"New Jersey's New Trade Secrets Act," Employment Law Alert, January 10, 2012

"Donelson Update -- Employer Liable for Punitive Damages and Attorneys' Fees Under CEPA," Employment Law Alert, November 15, 2011

"Employer Sued for Harassment May Discover Plaintiff's Social Networking Site Postings," Employment Law Alert, October 26, 2010

"Company Electronic Systems: What's Private?," Law360, April 21, 2010

"New Jersey Supreme Court Decision Affects Electronic Systems Policies and E-Discovery Practices for New Jersey Employers," Employment & Labor Law Special Alert, March 31, 2010 (Richard S. Zackin, Kristin D. Sostowski)

"The N.J. Supreme Court Addresses Continuing Violation Theory and Post Employment Retaliation in LAD Cases," Employment & Labor Law Alert, February 2, 2010

"Employer Liable to Employee for Punitive Damages Under the Stored Communications Act for Accessing Employee’s Private Email Account Absent Proof Employee Incurred Actual Damages," Employment & Labor Law Alert, August 25, 2009

"New Jersey Court Holds Employer Not Liable for “Retaliation” After Terminating Employee Who Removed Confidential Information to Support Her Discrimination Claim," Employment & Labor Law Alert, August 25, 2009

"Agreements to Arbitrate Employment Disputes: Pending Legislation and Judicial Developments May Radically Alter the Landscape," Employment & Labor Law Alert, February 19, 2009

"Congress Amends, and Expands, the ADA," Employment & Labor Law Alert, October 15, 2008

"U.S. Supreme Court Holds That Contractual Arbitration Agreements Trump State Administrative Proceedings," Employment & Labor Law Alert, March 19, 2008

"New Jersey Adopts Its Own Version of the WARN Act," Employment & Labor Law Alert, February 26, 2008

"New Jersey Supreme Court Addresses Proof and Evidence Issues in Retaliation Case," Employment & Labor Law Alert, March 8, 2007

"Sixth Circuit Court of Appeals Holds that a Release With a No-Obligation-to-Rehire Provision Bars Age Discrimination Claim Arising After Execution of the Release," In-Sites, March 8, 2007

"For the First Time the Supreme Court Defines Retaliatory Conduct for Purposes of a Title VII "Retaliation Claim"," The Employment and Labor Law Alert, June 27, 2006

"The New Jersey Supreme Court Addresses "Reasonable Accommodation" and Prejudgment Interest in LAD Cases," The Employment and Labor Law Alert, June 27, 2006

"Gibbons on Federal Practice in New Jersey," New Jersey Institute for Continuing Legal Education, 2006 (Phillip J. Duffy, William P. Deni, Jr., Jennifer A. Hradil, Richard S. Zackin)

"Amendments to the LAD may be on the Way," The Employment and Labor Law Alert, December 28, 2005

"The New Jersey Appellate Division Finds Exclusion In Insurance Carrier's Policy Valid Where CEPA Plaintiff Did Not Complain Of 'Emotional Injuries Accompanied By Physical Manifestations'," The Employment and Labor Law Alert, December 20, 2005

"Fifth Circuit Upholds Summary Judgment for Employer Because of Plaintiff's Failure to Follow Employer's Sexual Harassment Complaint Procedures," The Employment and Labor Law Alert, December 20, 2005

"Eighth Circuit Finds Former Employee's ADEA Waiver Ineffective Because of Ambiguous Release Agreement," The Employment and Labor Law Alert, August 30, 2005

"New Jersey Appellate Court Rules that Mandatory Drug Testing of Job Applicants is Lawful," The Metropolitan Corporate Counsel, June, 2005

"The U.S. Supreme Court Rules that Disparate Impact Claims are Cognizable Under the ADEA," The Employment and Labor Law Alert, May 11, 2005

"The N.J. Appellate Division Rules that Mandatory Drug Testing of Job Applicants is Lawful," The Employment and Labor Law Alert, May 11, 2005

"Sixth Circuit Upholds Contractual Statute of Limitations Clause Covering Discrimination Claims ," The Employment and Labor Law Alert, March 15, 2005

"The New Jersey Appellate Division Holds that Nepotism in Employment is not Prohibited by the LAD ," The Employment and Labor Law Alert, Special Issue, December 23, 2004

"Congress Passes Bill Permitting Plaintiffs Who Recover Judgments or Settlements in Discrimination/Retaliation Cases to Take Full "Above-the-Line" Deduction on Federal Tax Returns for Attorney Fees," The Employment and Labor Law Alert, October 22, 2004 (Peter J. Ulrich, Richard S. Zackin)

"The New Jersey Supreme Court Makes Important Rulings Regarding Discrimination Claims Under the Law Against Discrimination," The Employment and Labor Law Alert, August 17, 2004

"The U.S. Supreme Court Rules that the Ellerth/Faragher Defense May Be Available to Employers in Constructive Discharge Cases," The Employment and Labor Law Alert, August 17, 2004

"The ADA Generally Will Not Require Employers to Abandon Seniority Systems in Filling Vacant Positions," The Employment and Labor Law Alert, May 1, 2002

"Why 'Disparate Impact' Should Not be Available in Age Discrimination Cases," New Jersey Labor and Employment Law Quarterly, 2000

"Cutting Back Requires Some Crystal Ball Gazing - Meeting The Requirements Of The Workers Readjustment And Notification Act," New Jersey Law Journal (Special Employment Law Supplement), April 15, 1996

"Releases Can Minimize Litigation Arising From A Reduction-In-Force," The National Law Journal, February 26, 1996

Speaking Engagements
Speaker, Gibbons P.C., "The Third Annual Employment & Labor Law Conference: Hot Topics in Employment & Labor Law ó What to Watch for in 2014," East Hanover, NJ. February 12, 2014

Speaker, Gibbons P.C. , "The Gibbons Second Annual Employment & Labor Law Conference: Employers Beware - What to Watch For in 2013," Newark, NJ. February 6, 2013

Speaker, Gibbons P.C., "Employment & Labor Law Department's Year in Review: The Dynamic Nature of Wage & Hour Law, " Newark, NJ. February 16, 2012

Speaker, Gibbons Employment Law Department, "Terminations and Reductions in Force: What Every Employer Should Know" Philadelphia, PA. May 8, 2007

Speaker, Gibbons Employment Law Department, "Terminations and Reductions in Force: What Every Employer Should Know" New York, NY. May 2, 2007

Speaker, Gibbons Employment Law Department, "Terminations and Reductions in Force: What Every Employer Should Know" Newark, NJ. April 24, 2007

Honors/Awards*
Listed in The Best Lawyers in America, Employee Benefits (ERISA) Law

Listed in Super Lawyers, Employment Litigation: Defense, 2014

AV® Peer Review Rated by Martindale-Hubbell

Judicial Clerkship(s)
Law Secretary to Honorable Lawrence A. Whipple, United States District Judge for the District of New Jersey, 1970-1971


*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.

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Richard S. Zackin Attorney at Law
Richard S. Zackin
Director
Employment & Labor Law

Practice Areas
Alternative Dispute Resolution
Business & Commercial Litigation
Employment & Labor Law

Contact Information
One Gateway Center
Newark, NJ 07102-5310

Direct: 973-596-4869
Fax:      973-639-6330
rzackin@gibbonslaw.com
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