Brian J. Chabarek is a partner at the firm whose practice is devoted to Labor and Employment Law as well as the representation of public entities. He also has extensive litigation experience in the areas of automobile negligence, premises liability and workers’ compensation.
He handles litigation in the field of Labor and Employment Law and has handled matters involving the New Jersey Law Against Discrimination, Title VII of the Civil Rights Act, the Conscientious Employee Protection Act, both the Federal and State Family and Medical Leave Acts, the Americans with Disabilities Act, claims for wrongful termination as well as other forms of harassment and discrimination in the workplace. He has handled claims in the State and Federal Courts as well as before the New Jersey Division on Civil Rights and the Equal Employment Opportunity Commission. He also provides labor and employment counseling which includes the drafting of personnel policy manuals, Non-Compete Agreements/Restrictive Covenants, Confidentiality Agreements and Severance Agreements and has provided numerous lectures and training sessions on employment related issues.
Brian has also represented public entities in matters involving civil rights violations, police liability, including claims arising under 42 U.S.C. § 1983, as well as municipal liability including the defense of general negligence claims subject to the immunities set forth in Title 59. Throughout his career he has represented numerous municipalities, their officers and employees and elected officials.
He also provides advice and counsel to Municipalities, including their elected officials, administrative departments, various boards and committees, and has reviewed and prepared contracts and bid specifications on behalf of public entities and has ensured that state statutes, municipal codes and procedural rules are adhered to by the Municipality.
Brian has been invited to present on Employment Law Updates to the New Jersey Defense Association at their annual convention every year from 2007 to the present, has spoken on Hot Topics in Employment Law before the Mercer County Bar Association as well as on Human Resource Law before the National Business Institute. Brian has also given an Employment Law presentation to the Chiefs of Staff for the New Jersey Senate Majority, where the topics included items to consider when running an office such as addressing harassment claims, conducting employee evaluations and maintaining confidentiality. Brian also spoke before the National Business Institute on Legal Issues Involving Local Governments. A frequent author, he has published articles for the Defense Research Institute as well as for the New Jersey Defense Association.
Brian has received numerous awards throughout his career, including being named as a “Rising Star” by New Jersey Super Lawyer Magazine each year from 2006 through 2010 as well as making New Jersey Law Journal’s “40 under 40” list of attorneys in 2008.
Brian earned his J.D. from the University of Miami, School of Law, cum laude, in 1995 and his B.S. from Rutgers College/Rutgers School of Business in 1992.
- New Jersey, 1995
- United States District Court, District of New Jersey, 1995
- United States Court of Appeals for the Third Circuit
- New York, 1996
- Monmouth Bar Association
- New Jersey State Bar Association
- New Jersey Defense Association, Board of Directors
- New Jersey Defense Association, Chair, Employment Law Committee
- Defense Research Institute
- Member, New Jersey Supreme Court, District IX Ethics Committee
- New Jersey Defense Association, Annual Convention, "New Jersey Employment Law Update," June 2007-June 2018
- New Jersey Association of Health Care Recruiters, "Legal Updates in the field of Employment Law and its impact on Human Resources," September 2017
- National Business Institute, "Legal Issues Involving Local Governments," June 2016
- National Business Institute, "Human Resource Law From Start to Finish," November 2015
- Mercer County Bar Association, "Hot Topics in Employment Law," November 2015
- Employment Law Presentation to the Chiefs of Staff for the New Jersey Senate Majority, August 2014
- New Jersey Defense Association in conjunction with the New Jersey Chapter of the Corporate Counsel Association, Moderator, "Divining Damages in the Employer Liability Case," April 2008
- "The New Jersey Supreme Court Provides Guidance to the Courts in Deciding Remittititur Motions," published in New Jersey Defense, Winter 2016-2017 edition.
- Co-Author, "ERISA Preemption and the Conversion Policy: A Split in the Circuits", Summer 2006 issue of the Job Description, a publication of the Defense Research Institute.
This article originally appeared in the New Jersey Law Journal. In Janus, a 5-4 conservative majority reversed the long-standing right of public sector unions set forth in 'Abood,' to collect fair share agency fees from public employees who chose not to join the union. Under law, private, municipal, state and federal employees have the guaranteed right...Read more
The firm is pleased to announce that Brian Chabarek, DEMLP Municipal Law and Employment Law partner, has been appointed to serve on the Board of Directors of the New Jersey Defense Association for the 2018-2021 term (effective July 1, 2018 - June 30, 2021). Brian continues to serve as the Chair of the Association’s Employment Law...Read more
DEMLP Municipal Law and Employment Law partner Brian Chabarek will be speaking at the New Jersey Defense Association’s 52nd Annual Convention in Lake Placid, NY on June 30th. He will be on the panel of speakers for the 2018 Civil Case Law Update and will be presenting updates in Employment Law. The New Jersey Defense Association...Read more
The following article by Nicole S. Croddick and Brian J. Chabarek was among those selected by the New Jersey Law Journal for publication in its special Employment Law Section, which appeared in the December 4, 2017 issue. The Importance of Aguas in Addressing Vicarious Liability and Sexual Harassment Complaints In the landmark employment law case, Aguas...Read more