About Anthony L. Marchetti, Jr., Certified by the Supreme Court of New Jersey as a Civil Trial Attorney since 2011
Anthony created Marchetti Law, P.C. in December 2010 when after several years as a partner in the Cureton Clark, the firm closed. At Marchetti Law, Anthony has maintained his sophisticated civil litigation practice, which focuses on plaintiffs’ employment misclassification independent contractor lawsuits, personal injury and commercial litigation. Drawing on his 20 years of experience as a trial lawyer, Anthony has found that this mix provides him with a unique perspective that permits him to efficiently and effectively prepare cases for trial.
Anthony was Certified by the Supreme Court of New Jersey as a Civil Trial Attorney in March of 2011, a classification that is bestowed upon less than 2% of attorneys in the State of New Jersey after a thorough vetting by adversaries, judges and the Office of Attorney Ethics as well as a day long examination.
Anthony has been on the forefront of the fight in New Jersey and other states regarding the misclassification of workers as independent contractors. In 2005, Anthony and his team organized the Fedex Ground/Home Delivery drivers in Barrington, New Jersey, and spent 20 days in a successful trial before the NLRB, and handled numerous unfair labor practice claims relating to events at that terminal. Anthony has been very active in the Drive for Justice against FXG, as counsel to the Plaintiffs in New Jersey, North Carolina, Louisiana, Arkansas, Virginia, Michigan, Florida, and even one Plaintiff in Montana. During the MDL proceedings, Anthony traveled the country preparing drivers for their depositions and defending same, as well as taking affirmative depositions of FXG managers and DOT experts. Anthony maintained the Cureton Clark seat on the Steering Committee after that firm closed and its attorneys left to pursue other interests. Anthony, who has handled many termination suits against FXG, was also lead counsel in Lucey v. Fedex Ground, the Third Circuit case that found that the FXG arbitration clause to be unconscionable and unenforceable – opening the door to FedEx Ground drivers across the country to sue for unlawful termination.
Anthony is also lead counsel in the matter of Hargrove v. Sleepy’s, a seminal case decided on January 15, 2015 by the New Jersey Supreme Court. In that case, the Third Circuit Court of Appeals, at Anthony’s request, asked the New Jersey Supreme Court to answer the question of what test should apply under the New Jersey Wage Payment Law and Wage and Hour Law. That case drew the attention and participation of entities as diverse as the National Federation of Independent Businesses (a Karl Rove-sponsored group that represents employers) and the National Employment Lawyers Association, New Jersey Legal Services and the New Jersey Attorney General. The case has been hailed, by Plaintiffs lawyers as a watershed moment in the fight against wage theft and misclassification – as it changes the playing field by placing the burden of proof upon the company seeking to profit from independent contractors. An internet search results in literally hundreds of posts and blogs regarding this case, in which Anthony fought the largest management-sided employment law firm in the country.
Anthony is co-counsel to the Plaintiffs in Badia v. Macy’s, a New Jersey state action asserting similar misclassification claims and has worked on other similar cases during his career, with occupations ranging from cleaning people to truck drivers to account representatives. This case recently resulted in a significant tentative settlement that awaits the Court’s approval.
Anthony graduated Temple Law School in 1994. His undergraduate work was at the Pennsylvania State University, where he received a B.S. in Management and Labor and Industrial Relations in 1991. Anthony spent much of his college and law school years as an organizer for Teamsters Local #331 in Pleasantville, New Jersey.