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Included on BERGEN Magazine’s 2023 Top Lawyers List

Jonathan Nirenberg selected as one of Bergen County's Top Lawyers in 2023Jonathan I. Nirenberg is honored to have been selected by BERGEN magazine to be included on its 2023 list of Bergen County’s Top Lawyers, in the category Labor & Employment law.  The entire list is included in the November 2023 edition of BERGEN magazine.  You can view the list of Bergen County’s Top Lawyers in Labor & Employment lawyers here.

Jonathan, a graduate of Cornell Law School, has been representing employees in employment law cases for 25 years.  To read more about him, please see his biography on our website.

We Have Moved to Bergen County

Rabner Baumgart Ben-Asher & Nirenberg is pleased to announce the opening of our new modern office in Bergen County, New Jersey.  Effective immediately, we have moved to our beautiful new home:

Bergen County Main OfficeRabner Baumgart has moved to Bergen County.

As a New Jersey employment lawyer, I have had numerous clients tell me their employer has asked or required them to undergo a fitness-for-duty examination.  However, anti-discrimination laws limit when an employer has the right to send an employee to a medical exam.

Protection Under Anti-Discrimination Laws

The Americans with Disabilities Act (“ADA”) and the New Jersey Law Against Discrimination (“LAD”) both prohibit employers from sending employees for a fitness-for-duty exam unless the exam is “job-related” and “consistent with business necessity.”

New Jersey’s Appellate Division recently ruled that volunteer firefighters are not protected by New Jersey’s whistleblower law, the Conscientious Employee Protection Act (“CEPA”), because they are not “employees.”

NJ Whistleblower Law Does Not Protect Volunteer Firefightersot Protected by Whistleblower LawFor 20 years, Jeffrey Sauter served as a volunteer firefighter for the Township of Colts Neck, Fire Company No. 2.  Although he was not paid any wages for his services, he earned between $400 and $1,500 in deferred compensation benefits per year under the Emergency Services Volunteer Length of Service Award Program (“LOSAP”).

In 2004, Mr. Sauter filed another CEPA lawsuit against his fire company, claiming it suspended him for 18 months in retaliation for complaints he made about the bidding process relating to renovations of the fire hall.  He eventually settled that case for $10,000, including attorney’s fees.  Nonetheless, Mr. Sauter believed the fire company owed him another $8,000 for his legal fees.

Four at Rabner Baumbart Named to 2017 Super Lawyers ListRabner Baumgart Ben-Asher & Nirenberg, P.C. is pleased to announce that four of our employment lawyers once again have been selected to be included on the New Jersey Super Lawyers list in 2017.

Specifically, Elliot M. Baumgart (Alternative Dispute Resolution), David H. Ben-Asher (Employment & Labor Attorney) and Jonathan I. Nirenberg (Employment Litigation Attorney) have received this honor.

Thomson Reuters selects individuals to be included on each of these lists based on peer nominations, evaluation of candidates and independent research.  No more than 5% of attorneys practicing in New Jersey are selected to the Super Lawyers list each year.  Information about the selection process is available on the Super Lawyers website.

Labor Lawyer Joseph S. FineRabner Baumgart Ben-Asher & Nirenberg, P.C. is pleased to announce that Joseph S. Fine has become Of Counsel to the firm.

Joe represents unions and employees in arbitrations, mediations, and negotiations, and in litigation at the National Labor Relations Board (“NLRB”) and before state and federal courts, and to counsel employees in negotiating employment and severance agreements.

He also serves as an arbitrator and mediator of labor and employment disputes and as a municipal hearing officer for employment matters.

On behalf of all of my partners, I am pleased to announce that our law firm has changed its name from Rabner Baumgart Ben-Asher & Nirenberg, P.C. to:

Rabner Baumgart Ben-Asher & Nirenberg, P.C.

I am honored that the firm has chosen to include me in its name.  We will continue to concentrate in the representation of employees, executives and entrepreneurs in employment law matters.

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