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Melissa A. Salimbene
 

Melissa A. Salimbene

Member Practice Group Leader, Employment Law GroupWest Orange, NJ   New York, NY  

Melissa Salimbene is an experienced employment litigator and trusted advisor. For her litigation practice, Melissa regularly represents public and private employers of all sizes and industries before state and federal courts and administrative agencies in all aspects of employment litigation, including defending claims of discrimination, harassment, retaliation, and wage and hour issues. Melissa also brings and defends restrictive covenant claims involving trade secrets, confidentiality agreements, non-compete agreements and other post-employment obligations.


In addition, Melissa regularly counsels business owners and human resources professionals in order to ensure compliance with applicable employment laws and obligations. This includes advising her clients on employee hiring, discipline and termination, classification issues, necessary policies and procedures, wage and hour requirements, ADA accommodations, leaves of absence and other workforce management issues. In connection with this advice, Melissa prepares employment related documents, including employee handbooks and policies, employment agreements, restrictive covenants, confidentiality agreements and separation agreements. Melissa also represents individuals in negotiating employment agreements and separation agreements.

Melissa conducts internal workplace investigations on employment related issues such as claims of harassment and discrimination, and she provides trainings to employees including sensitivity and anti-harassment training. Melissa also advises clients on employment issues that arise in the context of corporate transactions, including mergers and acquisitions, downsizing and reorganization. This includes due diligence, as well as negotiation and preparation of employment related agreements.

While attending Rutgers Law School, Melissa served as a legal research and writing instructor and a staff editor of the Rutgers Law Record. Prior to joining the firm, Melissa was a law clerk to Judge Sybil R. Moses, the Assignment Judge of the Superior Court of Bergen County, N.J.

Education
  • Rutgers Law School (J.D., 2004)
  • Rutgers, The State University of New Jersey (B.A., 2001)
Admissions
  • New Jersey
  • New York
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern, Southern and Northern Districts of New York
  • Obtaining summary judgment dismissing claims for discrimination and retaliation brought pursuant to New Jersey, New York and federal law
  • Successfully defending clients from discrimination claims brought before the New Jersey Division of Civil Rights, New York State Division of Human Rights, New York City Commission on Human Rights and U.S. Equal Employment Opportunity Commission
  • Defending clients from claims brought under the Fair Labor Standards Act, as well as under New Jersey and New York wage payment laws
  • Successfully litigating restrictive covenants cases in various industries, including financial, retail, fashion, marketing, technology, hospitality, food and beverage and construction
  • Regularly representing merchandising companies and recording artists in obtaining ex parte nationwide injunctions and orders of seizure with regard to infringing counterfeit merchandise offered for sale at concerts and events
 
  • Morris/Essex Health & Life Magazine, Top Lawyers, Labor and Employment (2020-2021)
  • New Jersey Super Lawyers - Rising Stars, Business Litigation, Intellectual Property Litigation, Employment Litigation: Defense (2009-2018)
  • New Leaders of the Bar, New Jersey Law Journal (2015) 

Award Methodology

  • American Bar Association
  • Essex County Bar Association
  • New Jersey Women Lawyers Association
  • New York State Bar Association
  • Association of the Federal Bar of New Jersey