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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 and commercial litigator. 

For her employment practice, Melissa represents employers in all aspects of employment litigation, including wrongful discharge, discrimination, harassment, whistleblower, retaliation and wage and hour claims, in the state and federal courts of New Jersey and New York and before administrative agencies including the EEOC, New Jersey Department of Labor & Workforce Development, New Jersey Division on Civil Rights, New York State Division of Human Rights, and New York City Commission on Human Rights.


In addition, Melissa regularly counsels human resources professionals and business owners in all aspects of employment law, including leaves of absence, wage and hour law requirements, employment and separation agreements, restrictive covenants, the implementation of employment policies, employee training programs and other workforce management issues. Melissa also conducts internal workplace investigations for employers on employment related issues such as claims of harassment and discrimination, and provides trainings to employees such as sensitivity and anti-harassment training.

For her commercial practice, Melissa regularly litigates a wide range of matters in the state and federal courts of New Jersey and New York, in several areas, including complex commercial matters; partnership and shareholder disputes; and contract related claims, as well as intellectual property disputes including trademark, trade dress and copyright infringement; unfair competition, and trade secrets.

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
  • Defending perfume manufacturer from claims of trade dress, trademark and slogan infringement and violation of the right to publicity brought by reality personality
  • Representing restaurants and other businesses in the hospitality industry in litigation to protect and enforce their intellectual property rights including trademarks, décor, recipes and menus
  • 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
  • Representing a radio personality with regard to intellectual property, employment and right of publicity claims
  • Successfully litigating contentious restrictive covenants cases in various industries, including the financial, technology, hospitality, restaurant, beverage and scrap metal industries
  • Obtaining a preliminary injunction protecting a franchisee’s right to continue its business and enjoining a franchisor from discontinuing the parties’ relationship, which resulted in a settlement of the matter
  • Conducting internal investigations for clients
  • Regularly provides harassment and discrimination prevention training for clients and their employees
 
  • Morris/Essex Health & Life Magazine, Top Lawyers, Labor and Employment (2020)
  • 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
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