Jed Marcus Labor and Employment Arbitrator and Mediator
- Labor & Employment Arbitrator
- Mediator
- Factfinding
- Independent Workplace Investigations
Jed Marcus - Arbitrator and Mediator
Jed Marcus
Jed Marcus, the founder of Marcus ADR Services, LLC, is a nationally known labor and employment arbitrator, mediator, factfinder and independent workplace investigator. He is an arbitrator on the labor, employment and multiemployer withdrawal panels of the American Arbitration Association and New Jersey State Board of Mediation, and a New Jersey Courts R. 1:40 Qualified Mediator (Roster of Court-Approved Civil Mediators).
Prior to becoming a full-time arbitrator and mediator, Jed Marcus was a nationally known labor and employment attorney who advised clients on a broad range of labor and employment issues, negotiated labor contracts, and appeared before trial and appellate courts, government agencies, and participated in grievance and interest arbitrations. Representative industries included manufacturing, healthcare, retail, telecommunications, trucking, broadcasting, steel, paper, insurance, hospitality, pharmaceutical, warehouse, finance, construction, transportation, clerical, maintenance, and service, and higher education.
Jed began his career in labor relations as Assistant Director of Human Resources for Sperry Vickers in Tulsa, Oklahoma. After law school, he was an associate with Hall Estill in Tulsa, Okla. (1982-85) and Jones Day (1985). Later, he was a partner with Grotta, Glassman and Hoffman, P.A. (later Fox Rothschild) (1985-2006), and Bressler, Amery & Ross, P.C. (2006-2023).
Jed earned his J.D. at the University of Oklahoma, and his B.A. in English Lit. and M.A. in Labor Relations from Rutgers University. His Bar Admissions include New Jersey, New York, Oklahoma, Ohio and the District of Columbia. He is a member of the New Jersey State Bar Association, Labor and Employment section, and the Labor and Employment Relations Association (formerly IRRA). His practice is limited to service as a Neutral. He works exclusively as a Neutral and does not represent parties nor provide legal advice.
Arbitration Services
Jed Marcus is an arbitrator on the labor, employment and multiemployer withdrawal panels of the American Arbitration Association. He has experience in a wide variety of issues arising under employment contracts, collective bargaining agreements ("CBA") and statutes, including wrongful discharge and breach of contract claims; state and federal discrimination, labor and wage and hour laws (e.g., Title VII, ADEA, ADA, FMLA, FLSA, ERISA, NJLAD, NYSHRL, NLRA, LRMDA, Taft-Hartley, and MPAA); non-competition and trade secret protection cases, under both common law as well as UTSA and the Defense of Trade Secrets Act. CBA disputes include discipline and discharge, contract interpretation, discrimination, overtime, fringe-benefits, hours and scheduling, wages/salary, strikes, lockouts, subcontracting, vacations, promotions, seniority, management rights, job posting/bidding, layoffs/recalls, performance evaluations, and statutory claims.
Mediation Services
Jed Marcus spent more than 40 years litigating disputes in both trial and appellate courts and before governmental agencies like the National Labor Relations Board ("NLRB") and the Equal Employment Opportunity Commission ("EEOC"). His experience taught him that lawsuits are extremely expensive, time consuming, and emotionally exhausting. Jed utilizes his experience and knowledge of labor and employment law to serve as mediator in complex labor and employment lawsuits to advise and facilitate satisfactory solutions to otherwise contentious disputes. He has successfully resolved disputes involving wrongful discharge and breach of contract claims; state and federal discrimination, labor and wage and hour law; non-competition and trade secret protection cases, as well as disputes under collective bargaining agreements. He is a New Jersey Courts R. 1:40 Qualified Mediator (Roster of Court-Approved Civil Mediators)
Factfinding Services
Workplace complaint investigations, when handled properly, minimize risk and help to avoid costly litigation and judgments. A well-trained, impartial and thorough investigator who understands the importance of confidentiality, the investigative process, documentation and employment law is therefore critical.
During his 42-year career, Jed Marcus has performed many employee complaint investigations and is skilled in the complicated and often litigation-bound issues organizations face when an investigation is required. He has faced every type of workplace complaint - from all forms of harassment and discrimination to retaliation and many other kinds of employee misconduct. He also has the background and skills to serve as an effective fact witness.
Representative Speaking Engagements and Publications
Jed Marcus regularly speaks and writes about important labor and employment issues:
Representative Speaking Engagements: "Lawyers
Acting Badly: Cringeworthy Stories from the Trenches." New Jersey Institute of Continuing Education (Aug. 9, 2024); "The Age of Artificial Intelligence and the Ethical Dilemma in the Federal Labor Practice," New Jersey Institute of Continuing Education (Nov. 9, 2023);"What Arbitrators Expect from Advocates and What Advocates Should Expect from Arbitrators," LERA 74th Annual Meeting (June 2022); "Hot Tips in Preventing Employment Claims," New Jersey Institute of Continuing Legal Education. (Jan. 28, 2020); “Lawyers Acting Badly: Cringeworthy Stories from the Trenches.” Academy of New Jersey Management Attorneys, Florham Park. (Nov, 16, 2019); “Ethical Obligations of Local Counsel,” 14th Annual Ethics for Transactional Attorneys, New Jersey Institute of Continuing Legal Education. (Nov. 9, 2019); "Recent Developments in the Law of Arbitration.” Labor and Employment Research Association (LERA) – Annual Meeting, Cleveland, Ohio. (June 14, 2019); "Developments in the Law of Arbitration." American Arbitration Association, Somerset, N.J. (June 7, 2018); “Selected Ethics and Professionalism Issues in Arbitration.” New Jersey Institute of Continuing Legal Education. (Oct. 12, 2017).
Representative Publications: “The U.S. Supreme Court and Arbitration: Their Love is Here to Stay.” New Jersey Law Journal (Aug. 9, 2019); "To Delegate or Not to Delegate, That is (Sometimes) the Question: Who Decides Arbitrability . . . and When?" New Jersey Labor and Employment Law Quarterly, Vol. 40 No. 3 (May 2019); "Responding to Harassment Complaints: What the Harvey Weinstein Case Can Teach Us," New Jersey Law Journal, Vol. 223 No. 858 (Nov. 6, 2017); "N.J. Arbitration Agreements: It's All in the Language," Law 360 (Aug. 1, 2016); "The Ethical Lawyer," Diligence and Judgment in the Practice of Law, "New Jersey Labor and Employment Law Quarterly, Vol. 33 No. 4 (May 2012); "Employment Arbitration and Defense Contracts Under the Obama Administration," New Jersey Lawyer, (April 2011)