FN-1954061 MN-1954061 LN-1954061, Esq.
Attorney
Montclair, New Jersey
KSBranigan Law P.C. – Managing Partner
Attorney
Managing Partner, KSBranigan Law P.C., 2006-2008 & 2009-Present; Member and Chair of the Employment Law Department, McDonald Law Group, 2008-2009; Commissioner, Public Employment Relations Commission, 2007-2009; Assistant County Counsel, Essex County Office of County Counsel, 2006-2007; Partner, Fischer Porter & Thomas PC, 2006; Associate, Wilentz Goldman & Spitzer, 1995-2006; Law Clerk, Office of Jersey City Corporation Counsel, 1993-1995; Intern, United States Magistrate Judge Ronald J. Hedges, 1993-1994.
Dual perspective in having handled employment matters from both plaintiff/employee and defense/employer perspectives, fostering role as a neutral. Neutral work includes arbitrations, investigations, audits, mediations, and expert opinions.
Arbitrator case management experience on over 60 employment arbitrations and served as an employment mediator on over 60 matters. Experience exclusively in the area of employment law for 25+ years. Arbitration experience on complex class action and multi-party matters and cases involving pro se parties. Arbitration experience includes conducting hearings, drafting comprehensive reasoned arbitration decisions, addressing discovery motion disputes, and issuing extensive dispositive summary judgment motion opinions. Experience with broad array of employment claims, including sophisticated high level executive employment compensation contract/separation matters.
Conducted over 50 employment investigations and provides expert witness on the efficacy of investigations. Investigations include a broad array of allegations of harassment, discrimination, whistleblowing, and retaliation in a wide range of industries. Investigations experience with complex investigations involving the highest levels of management (C-suite) and legal compliance professionals, such as chief executive officers, presidents, vice presidents, lawyers and members of legal departments, human resources and compliance personnel, executive directors, school administrators, and board members. Investigation experience in the private, public, and non-profit sectors with a wide range of private/public companies and organizations, including national and international/global companies Fortune 500 companies. Investigations conducted have involved both internal and external complaints where lawsuits have been filed.
Investigations have also included Title IX matters at academic institutions. Also serves as an External Advisor in Princeton University's Title IX/Sexual Misconduct Grievance Program.
Testified during a public hearing on sexual harassment held in September 2019 by the New Jersey Division on Civil Rights (DCR) in partnership with the New Jersey Coalition Against Sexual Assault (NJCASA), from which a February 2020 Report resulted in the first-ever written “Investigation Best Practices” in New Jersey. Created an intensive investigation workshop entitled, “HR on Trial” to train in-house, human resources and compliance professionals on conducting effective investigations. Experience assisting organizations on investigation policies, procedures, playbooks, and toolkits.
Conducts equal pay audits and has experience representing employers in connection with government investigation inquiries, including NJ and NY Departments of Labor. Prior litigation experience in matters filed in the New Jersey and federal courts and with New Jersey and federal administrative agencies, such as the Equal Employment Opportunity Commission (EEOC), the NJ Office of Administrative Law (OAL), the NJ Department of Labor, Divisions on Wage and Hour Compliance, Unemployment, and the NJ Division on Civil Rights (DCR). Representative claims include whistleblower, retaliation, gender/sex discrimination, sexual harassment, pregnancy discrimination, age, race, religion, national origin, sexual orientation, and disability discrimination/harassment and retaliation, Family and Medical Leave Act (FMLA), Title VII of the Civil Rights Act of 1964 (Title VII), Americans with Disability Act (ADA), Age Discrimination in Enforcement Act (ADEA), Fair Labor Standards Act (FLSA), Law Against Discrimination (LAD), New Jersey Equal Pay Act (NJEPA), Conscientious Employee Protection Act (CEPA), New Jersey Family Leave Act (FLA), New Jersey Wage Payment Law, the New Jersey Wage and Hour Law and common law claims.
Arbitrator case management experience on over 60 employment arbitrations and served as an employment mediator on over 60 matters. Experience exclusively in the area of employment law for 25+ years. Arbitration experience on complex class action and multi-party matters and cases involving pro se parties. Arbitration experience includes conducting hearings, drafting comprehensive reasoned arbitration decisions, addressing discovery motion disputes, and issuing extensive dispositive summary judgment motion opinions. Experience with broad array of employment claims, including sophisticated high level executive employment compensation contract/separation matters.
Conducted over 50 employment investigations and provides expert witness on the efficacy of investigations. Investigations include a broad array of allegations of harassment, discrimination, whistleblowing, and retaliation in a wide range of industries. Investigations experience with complex investigations involving the highest levels of management (C-suite) and legal compliance professionals, such as chief executive officers, presidents, vice presidents, lawyers and members of legal departments, human resources and compliance personnel, executive directors, school administrators, and board members. Investigation experience in the private, public, and non-profit sectors with a wide range of private/public companies and organizations, including national and international/global companies Fortune 500 companies. Investigations conducted have involved both internal and external complaints where lawsuits have been filed.
Investigations have also included Title IX matters at academic institutions. Also serves as an External Advisor in Princeton University's Title IX/Sexual Misconduct Grievance Program.
Testified during a public hearing on sexual harassment held in September 2019 by the New Jersey Division on Civil Rights (DCR) in partnership with the New Jersey Coalition Against Sexual Assault (NJCASA), from which a February 2020 Report resulted in the first-ever written “Investigation Best Practices” in New Jersey. Created an intensive investigation workshop entitled, “HR on Trial” to train in-house, human resources and compliance professionals on conducting effective investigations. Experience assisting organizations on investigation policies, procedures, playbooks, and toolkits.
Conducts equal pay audits and has experience representing employers in connection with government investigation inquiries, including NJ and NY Departments of Labor. Prior litigation experience in matters filed in the New Jersey and federal courts and with New Jersey and federal administrative agencies, such as the Equal Employment Opportunity Commission (EEOC), the NJ Office of Administrative Law (OAL), the NJ Department of Labor, Divisions on Wage and Hour Compliance, Unemployment, and the NJ Division on Civil Rights (DCR). Representative claims include whistleblower, retaliation, gender/sex discrimination, sexual harassment, pregnancy discrimination, age, race, religion, national origin, sexual orientation, and disability discrimination/harassment and retaliation, Family and Medical Leave Act (FMLA), Title VII of the Civil Rights Act of 1964 (Title VII), Americans with Disability Act (ADA), Age Discrimination in Enforcement Act (ADEA), Fair Labor Standards Act (FLSA), Law Against Discrimination (LAD), New Jersey Equal Pay Act (NJEPA), Conscientious Employee Protection Act (CEPA), New Jersey Family Leave Act (FLA), New Jersey Wage Payment Law, the New Jersey Wage and Hour Law and common law claims.
Experience with private employment mediation services since 2008. Served on the New Jersey Superior Court Roster of Civil Mediators. Has served on AAA Mediation Panel since 2014. Experience in large complex matters and pro se cases.
Experience also as Arbitrator on the AAA Employment Panel since 2007. Matters have included a wide array of employment claims filed under federal and state laws, including under New Jersey, New York and Pennsylvania.
Experience also as Arbitrator on the AAA Employment Panel since 2007. Matters have included a wide array of employment claims filed under federal and state laws, including under New Jersey, New York and Pennsylvania.
Mediated complex employment cases involving substantial claims of damages. Mediation of broad range of harassment, discrimination and retaliation matters, including, whistleblowing, race discrimination, disability discrimination, sexual harassment, breach of contract and other common law claims.
Approach to mediation is to use collaborative measures to help the parties resolve conflicts, including consensus building. Employ a balanced approach having litigated employment cases from both the plaintiff/employee and defense/employer perspectives. Encourage practical discussions at the mediation session about legal and factual issues. Assist in considering risks and benefits of protracted litigation and interpretation of substantive areas of employment law. On employment disputes, parties are kept in separate rooms throughout the entire mediation process. Work collaboratively with counsel on structuring the mediation session to be most productive and a positive experience. Expectations are that counsel and the parties will be prepared and committed to the process and that appropriate decision-makers be present.
Experience with virtual platforms, including Zoom, Microsoft Teams, GoToMeeting and Google Meet. Willing to hold remote pre-hearing conferences and remote hearings on virtual platforms.
Rutgers Law School-Newark (JD, Articles Editor, Rutgers Computer and Technology Law Journal-1995); Rutgers University (BA, History/Political Science, high honors, Henry Rutgers Scholar Thesis with highest distinction-1992).
Admitted to the Bar: New Jersey (1995); U.S. District Court: District of New Jersey (1995); U.S. Supreme Court (2019).
College of Labor and Employment Lawyers (Fellow), New Jersey Lawyers Assistance Program (Board of Trustees Member), New Jersey State Bar Association Labor and Employment Section (Executive Board Committee Member/Workplace Investigations Committee); New Jersey Women Lawyers Association (Board Member, Past President); American Bar Association Labor and Employment Section (Employment Rights and Responsibilities Committee, Workplace Investigations Subcommittee), Association of Workplace Investigators (Member), New Jersey State Bar Association, Dispute Resolution and Solo and Small Firm sections (Member).
PUBLICATIONS:
"A 'Lookback' on New Jersey's Diane B. Allen Equal Pay Act and the Road Ahead," NJSBA Labor & Employment Quarterly, December 2021; "The ERA: A Century-Long Fight to Achieve Equal Rights for Women," NJ Law Journal, June 3, 2021; "The Growing Legacy of New Jersey's Diane B. Allen Equal Pay Act,: NJ Law Journal, March 15, 2021; "DCR Report and Proposed Legislation Aim to Enhance Harassment Protections," NJ Law Journal, March 2020 and NJSBA Labor & Employment Quarterly, April 2020; "New Jersey Supreme Court Approves Electronic Acceptances in Employment Arbitration Agreements," NJ Law Journal, October 2020; "NLRB Decision Broadens Workplace Investigation Confidentiality Rules," NJ Law Journal, February 24, 2020; "Conducting Effective Independent Workplace Investigations Post #MeToo," Dispute Resolution Journal, September 3, 2019; "Equal Pay Audits: Essential Action in Light of NJ's Broad Equal Pay Act," NJ Law Journal, May 27, 2019 and NJSBA Labor & Employment Quarterly, September 2019; "A Preview of Proposed EEOC Enforcement Guidance and Effects of #MeToo: Combatting workplace harassment with "fully resourced" complaint systems, independent investigations and a new approach to training," NJ Law Journal, March 2018; "Magna Carta: Still Paving the Long Road to Equality," NJ Lawyer Magazine, June 2015; "Effective Measures in Employment Cases: Have New Jersey courts established a reasonable standard of care?" NJSBA Labor & Employment Quarterly, July 2013 and NJLJ, April 18, 2011; "Rule Changes Ease ADR Process For Cross-Border Attorneys," NJ Law Journal, March 28, 2011; "Importance of Workplace Investigations (Corporate Preventative and Remedial Measures)," NJ Law Journal, October 30, 2006. (Additional Publications can be found on Arbitrator website or be provided upon request).
SPEAKING ENGAGEMENTS: “Advanced Issues Surrounding Privilege, Waiver and Discovery in Employment Investigations,” ABA, Labor and Employment Section, Employment Rights and Responsibilities Committee Midwinter Meeting, Palm Springs CA, March 2023; “How to Create an Inclusive (and Diverse) Environment in Your Hybrid Law Office,” Panelist, Practising Law Institute, NYC, NY, May 2023; “Mindfulness & Well-Being,” New Jersey Women Lawyers Association, April 2023; “Pay Equity & Wage Transparency Laws & Tools,” New Jersey Women Lawyers Association, April 2023; “Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and Culture Assessments,” New Jersey State Bar Association, Institute for Continuing Legal Education, January 2023; “Pay Equity and Compensation Systems: Bargaining Compensation Systems that Comply with the Diane B. Allen Equal Pay Act," Public Employment Relations Conference, April 2021; "Advanced Workplace Investigation Issues in Sexual Harassment Cases," ABA, 14th Annual Labor and Employment Conference, Virtual, November 2020; "The EEOC Agenda and Current Case Developments," College of Labor and Employment, NYC, New York, February 26, 2019; "Effective Workplace Investigations in a Post #MeToo Era," AAA, NYC, NY, November 2019; "Moving the Conversation Past Gender Types – Addressing Sexual Misconduct from Global and Legal Perspectives," Women in Health Care Leadership Summit, San Diego, CA, April 2019; "Dealing with a Dishonest Party with a Twist: Truth or Consequences in Investigations," ABA, Labor & Employment Section, Employment Rights and Responsibilities Committee Midwinter Meeting, Clearwater Beach, FL, March 21, 2018; "Advanced Investigations: What Am I Missing?," ABA 8th Annual Labor & Employment Conference, Los Angeles, CA, November 7, 2014; "Workplace Investigations: Getting to the Bottom of Complex Matters without Falling into a Trap," ABA 7th Annual Labor & Employment Law Conference, New Orleans, November 9, 2013. (Additional Speaking Engagements can be found on Arbitrator website or be provided upon request).
"A 'Lookback' on New Jersey's Diane B. Allen Equal Pay Act and the Road Ahead," NJSBA Labor & Employment Quarterly, December 2021; "The ERA: A Century-Long Fight to Achieve Equal Rights for Women," NJ Law Journal, June 3, 2021; "The Growing Legacy of New Jersey's Diane B. Allen Equal Pay Act,: NJ Law Journal, March 15, 2021; "DCR Report and Proposed Legislation Aim to Enhance Harassment Protections," NJ Law Journal, March 2020 and NJSBA Labor & Employment Quarterly, April 2020; "New Jersey Supreme Court Approves Electronic Acceptances in Employment Arbitration Agreements," NJ Law Journal, October 2020; "NLRB Decision Broadens Workplace Investigation Confidentiality Rules," NJ Law Journal, February 24, 2020; "Conducting Effective Independent Workplace Investigations Post #MeToo," Dispute Resolution Journal, September 3, 2019; "Equal Pay Audits: Essential Action in Light of NJ's Broad Equal Pay Act," NJ Law Journal, May 27, 2019 and NJSBA Labor & Employment Quarterly, September 2019; "A Preview of Proposed EEOC Enforcement Guidance and Effects of #MeToo: Combatting workplace harassment with "fully resourced" complaint systems, independent investigations and a new approach to training," NJ Law Journal, March 2018; "Magna Carta: Still Paving the Long Road to Equality," NJ Lawyer Magazine, June 2015; "Effective Measures in Employment Cases: Have New Jersey courts established a reasonable standard of care?" NJSBA Labor & Employment Quarterly, July 2013 and NJLJ, April 18, 2011; "Rule Changes Ease ADR Process For Cross-Border Attorneys," NJ Law Journal, March 28, 2011; "Importance of Workplace Investigations (Corporate Preventative and Remedial Measures)," NJ Law Journal, October 30, 2006. (Additional Publications can be found on Arbitrator website or be provided upon request).
SPEAKING ENGAGEMENTS: “Advanced Issues Surrounding Privilege, Waiver and Discovery in Employment Investigations,” ABA, Labor and Employment Section, Employment Rights and Responsibilities Committee Midwinter Meeting, Palm Springs CA, March 2023; “How to Create an Inclusive (and Diverse) Environment in Your Hybrid Law Office,” Panelist, Practising Law Institute, NYC, NY, May 2023; “Mindfulness & Well-Being,” New Jersey Women Lawyers Association, April 2023; “Pay Equity & Wage Transparency Laws & Tools,” New Jersey Women Lawyers Association, April 2023; “Workplace Investigations: Understanding Micro-Aggressions, Implicit Bias, and Culture Assessments,” New Jersey State Bar Association, Institute for Continuing Legal Education, January 2023; “Pay Equity and Compensation Systems: Bargaining Compensation Systems that Comply with the Diane B. Allen Equal Pay Act," Public Employment Relations Conference, April 2021; "Advanced Workplace Investigation Issues in Sexual Harassment Cases," ABA, 14th Annual Labor and Employment Conference, Virtual, November 2020; "The EEOC Agenda and Current Case Developments," College of Labor and Employment, NYC, New York, February 26, 2019; "Effective Workplace Investigations in a Post #MeToo Era," AAA, NYC, NY, November 2019; "Moving the Conversation Past Gender Types – Addressing Sexual Misconduct from Global and Legal Perspectives," Women in Health Care Leadership Summit, San Diego, CA, April 2019; "Dealing with a Dishonest Party with a Twist: Truth or Consequences in Investigations," ABA, Labor & Employment Section, Employment Rights and Responsibilities Committee Midwinter Meeting, Clearwater Beach, FL, March 21, 2018; "Advanced Investigations: What Am I Missing?," ABA 8th Annual Labor & Employment Conference, Los Angeles, CA, November 7, 2014; "Workplace Investigations: Getting to the Bottom of Complex Matters without Falling into a Trap," ABA 7th Annual Labor & Employment Law Conference, New Orleans, November 9, 2013. (Additional Speaking Engagements can be found on Arbitrator website or be provided upon request).
No charge for travel time in New York/New York City and New Jersey that does not exceed one hour.
$625 Per Hour
English
United States of America
Montclair, NJ
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
