Mr. Johnston aggressively litigates employment, education and business matters in federal, state and administrative courts in New York and New Jersey. He also handles traditional labor matters, representing employers. He serves as an independent professional trustee for multiple Taft-Hurtley funds. He counsels private companies, schools and governmental bodies on general business and operational challenges. While he is adamant about advancing his clients’ interests, he is equally committed to achieving win-win results and avoiding litigation for clients, if possible.  Mr. Johnston has received the "AV Preeminent" designation from the Martindale-Hubbell Legal Directory, the highest rating for competence and character based on confidential peer reviews. Clients who look for a first-rate strategic legal mind with a relentless focus on achieving clients’ goals look to Tom Johnston.

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Email: tjohnston@johnstonlawfirmllc.com

Phone: (862) 621-1034

 

Bar Admissions

 

New York

United States District Court, Southern District of New York

United States Court of Appeals for the Second Circuit

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New Jersey

United States District Court, District of New Jersey

United States Court of Appeals for the Third Circuit

 

Education

University of Notre Dame Law School, Notre Dame, Indiana, J.D., 1998

Articles Editor, Notre Dame Journal of Legislation

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Rutgers University, New Brunswick, New Jersey, B.A., 1994

Undergraduate Associate, Eagleton Institute of Politics, 1993–1994

International Association of Defense Counsel, Trial Academy, Stanford University, August 2004

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Publications

"Supreme Courts Deliver a Mixed Bag for Employers," Porzio Employment Law Monthly, January 29, 2015.

"Payroll Deductions in New York: Employer Beware," Porzio Employment Law Monthly, December 2013.

"Evaluating Key Clauses and Terms in Today's Employment Agreements," Inside the Minds - Negotiating and Drafting Employment Agreements, 2012 Edition.

"How Facebook May Be The New Office Water Cooler," Porzio Employment Law Monthly, September 2011.

"Whistleblower or Opportunist," New Jersey Labor and Employment Law Quarterly, Vol. 32 No. 3 Pgs. 28-29, March 2011.

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Speaking Engagements

"Current Topics in NJ Charter School Law," New Jersey Public Charter Schools Assoc. 25th Anniversary Gala, Oct. 26, 2022

"Charter School Stay Put," School Law Conference, NJICLE, February 9, 2022

"Advanced Employee Discipline Strategies for a Win-Win Work Environment," NJLA Conference at Harrah’s Waterfront Conference Center in Atlantic City, NJ, June 1, 2018

"Hot Topics in Charter School Law," New Jersey Charter School Association Charter Board Institute, April 15, 2018

"Handling Disputes with Resident Districts," 9th Annual New Jersey Charter Schools Conference, Newark, NJ, October 17, 2017

"Advanced Legal Strategies for CMO Governance, Personnel Relations and Facilities Development," Elmwood Park, NJ, October 22, 2016

"Hot Topics in Legal Issues and Regulations," 8th Annual New Jersey Charter Schools Conference, Atlantic City, NJ, May 26, 2016

"Labor Strategies for New Jersey Charter Schools," 8th Annual New Jersey Charter Schools Conference, Atlantic City, NJ, May 25, 2016

"Independent Contractors: Employers Must Be "Uber" Careful Not to Misclassify," Porzio Employment Law Forum, Morristown, NJ, November 20, 2015.

"Hot Button Issues in Employment Law: Ethical Issues, Social Media, and Beyond," New York County Lawyers Association, New York, NY, October 5, 2015.

"Current Trends Employment Law Issues and Tax – 2015," CPE Seminar, Paramus, NJ, July 27, 2015.

"Current Trends Employment Law Issues and Tax – 2015 Update," CPE Seminar, Wall Township, NJ, May 20, 2015.

"The Basics on Charter Schools and Tax," 7th Annual New Jersey Charter Schools Conference, Atlantic City, NJ, March 30, 2015.

"Employment Law: Employers Guide to the Law and Taxes," CPE Seminar, East Brunswick, NJ, January 22, 2015.

"Current Trends in Wage and Hour Collective Actions," Porzio Employment Law Forum, Morristown, NJ, November 17, 2014.

"Important Everyday Legal Issues Confronting Charter Schools," New Jersey Charter School Conference, Atlantic City, NJ, April 7, 2014.

"The Interactive Process: How Reasonable Do Your Reasonable Accommodations Have To Be?," Porzio Employment Law Forum, Morristown, NJ, November 15, 2013.

"Current Hot Topics in Charter School Law," New Jersey Charter Schools Conference, April 15, 2013.

"Employment Agreements: Going for the 'Win-Win'," Porzio Employment Law Forum, Morristown, NJ, December 3, 2012.

"The Value of a Thorough Investigation: Can You Afford Not To Have One?," Porzio Employment Law Forum, Morristown, NJ, November 17, 2011.

"Hiring and Monitoring Employees," Porzio Employment Law Forum, Morristown, NJ, October 26, 2010.

"Wage and Hour Update," Porzio Employment Law Forum, Morristown, NJ, October 6, 2009.

"Family Leave Act," New Jersey Library Association Conference, Long Branch, NJ, April 28, 2009.

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Appointments

Independent Professional Trustee: International Brotherhood of Electrical Workers Local Union No. 400; Pension Plan, Welfare Plan, Annuity Plan and Supplemental Benefit Plan

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Independent Professional Trustee: International Brotherhood of Electrical Workers Local Union No. 164; Pension Plan, Welfare Plan and Annuity Plan