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Legal Profile
KIRSTEN SCHEURER BRANIGAN, Owner
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Kirsten Scheurer Branigan is the owner of the Law Office of Kirsten Scheurer Branigan, P.C. Ms. Branigan is an experienced employment lawyer, litigator and investigator. She has practiced exclusively in the area of employment law for nearly 15 years and has handled all aspects of employment law, including engaging alternative dispute resolution measures, such as conducting independent investigations. Ms. Branigan serves as an Arbitrator on the commercial/employment panel with the American Arbitration Association ("AAA") and a Mediator on the civil roster of mediators with the New Jersey Superior Court. As an employment litigator, Ms. Branigan has handled matters from both the plaintiff and defense perspectives, which has fostered her role as a neutral, investigator, arbitrator and mediator.
From 2007-2009, Ms. Branigan served as a Commissioner with the Public Employment Relations Commission ("PERC"), a seven-member, quasi-judicial administrative agency charged with administrating public sector labor issues, unfair practices, mediation, fact-finding and arbitration. Prior to her owning her own firm, Ms. Branigan worked as an Assistant County Counsel for the Office of the Essex County Counsel handling labor and employment work. Before that, for 10 years, she practiced employment law at Wilentz, Goldman & Spitzer, one of New Jersey's largest firms. During her career, Ms. Branigan also worked at other smaller private law firms, interned for United States Magistrate Judge Ronald J. Hedges and clerked in the Office of the Corporation Counsel for the City of Jersey City.
Ms. Branigan has extensive experience in employment law, including conducting independent investigations, providing corporate preventative and remedial measures, and handling litigation matters. Ms. Branigan conducts independent investigations into harassment, discrimination, retaliation and other employment-related complaints, and provides preventative counseling to corporations. Ms. Branigan also provides services for private employment arbitrations and mediations in addition to the arbitrations she performs for the AAA and the mediations she performs through the New Jersey Superior Court.
Ms. Branigan routinely counsels corporate clients on numerous employment law issues including, disability, family leave, harassment, discrimination, discipline, restructuring, lay-off and termination issues, employment handbooks, corporate policies, employment contracts and severance agreements. Ms. Branigan has performed employment audits, including wage and hour audits, compliance reviews, and risk assessments for private and public clients. She has also drafted and reviewed employment policy and procedure manuals and personnel handbooks. Ms. Branigan offers full-service employment training, such as training on conducting investigations, training to managers on how to address employee performance problems, discipline, leaves of absence and termination issues, and training on the prevention of harassment/discrimination to all, including individual one-on-one training to alleged harassers.
Ms. Branigan counsels and negotiates on behalf of individuals with respect to all types of employment claims, employee compensation, non-compete agreements and severance packages, including high level executives. Ms. Branigan also handles employment litigation.
Ms. Branigan is the recipient of several leadership and gender equity awards and frequently publishes and lectures on employment law topics. Ms. Branigan is a Barrister with the Sidney Reitman American Inn of Court, a member of the Labor and Employment Sections of the New Jersey State Bar and American Bar Associations, and the National Employment Lawyers Association-New Jersey Chapter. Ms. Branigan serves on the New Jersey Women Lawyers Association Board of Trustees and Executive Board as a Director of Membership and Chair of Nominations. Ms. Branigan had served as the President from 2006-2008 and helped lead a significant revitalization of the Association. Ms. Branigan is also active in the leadership of her High School, Saint Dominic Academy, an all female Catholic High School, in Jersey City.
Ms. Branigan attended Rutgers University Law School-Newark in New Jersey where she earned her J.D. in 1995 and attended Rutgers College in New Brunswick New Jersey, where she obtained her B.A. in 1992. In 1988, she graduated from Saint Dominic Academy in Jersey City.
Ms. Branigan resides in New Jersey with her husband and their two small children.
Bar Admission: N.J., D.N.J. 1995
For more information on Ms. Branigan, including awards and leadership roles, see the below information or download the long profile PDF, which contains her full biographical information.
 EXPERIENCE
AWARDS, LEADERSHIP, AFFILIATIONS
PUBLICATIONS
SEMINARS
PRESS
ADDITIONAL ASSOCIATIONS / AFFILIATIONS
EXPERIENCE
Ms. Branigan conducts independent investigations into employment-related complaints. She has extensive experience in performing investigations, such as those involving sexual harassment, gender discrimination, sexual orientation harassment, national origin, racial discrimination, retaliation, disability and FMLA violations. These investigations have been for domestic and international businesses and organizations in various industries such as pharmaceutical, publishing, communications, non-profit organizations, information technology, manufacturing industries, education, health-care, beauty, and distribution. The businesses range in size from large national companies, small to mid-sized privately-held businesses, Fortune 200 and 500 companies, and public entities. The investigations Ms. Branigan has conducted have included drafting detailed documents summarizing the results of the investigation and testifying regarding same.
Ms. Branigan co-created and developed an innovative program entitled "HR ON TRIAL -- Legal Preparation of the Human Resources Professional as a Litigation Witness" ("HR on Trial"). HR on Trial is an interactive three-act role-play where weaknesses of the investigative process are acted out. The audience observes an HR Professional investigate a complaint of harassment, the resulting deposition of the HR Professional, followed by the cross examination the HR Professional at trial. HR on Trial has been successfully performed internally for a major New Jersey Retailer Cooperative as part of its in-house Human Resources/Management University. The target audience for this program is those individuals who play any role in the investigation or remediation of harassment and discrimination complaints in the workplace, such as in-house counsel, human resources, loss prevention/risk managers or management personnel. The program can be tailored to fit the client's business and industry, including, but not limited to, retail, health care, pharmaceutical, publishing, communications, information technology, and manufacturing. HR on Trial has also been performed for a statewide Garden State Conference of the Society of Human Resources Management ("SHRM") in 2006, the Morris County SHRM program in 2006, as well as privately to business professionals in March and June 2008.
Ms. Branigan has conducted training for numerous private and public sector clients over the years in different settings including auditorium venues, large audiences (100+), as well as smaller groups in roundtable settings and individual one-on-one training to alleged harassers. She has performed workshops for human resources and in-house legal staff on conducting investigations, as well as training for Human Resources personnel and managers on how to address hiring, interviewing, background checks, medical inquiries/exams, leaves of absence, reasonable accommodation requests, performance problems, discipline, and termination. She has conducted training for management, human resources professionals and in-house legal staff on how to handle complaints and investigations into allegations by employees, as well as training for all employees on the prevention of discrimination, retaliation, and harassment, including, sexual harassment.
Ms. Branigan has performed employment audits, including wage and hour audits, compliance reviews, and risk assessments for private and public clients. She has also drafted and reviewed employment policy and procedure manuals and personnel handbooks, including e-mail and internet policies. Ms. Branigan has reviewed and provided guidance on job descriptions, proper classification of employees for overtime exemptions and record-keeping. She has experience in drafting, reviewing, and negotiating employment contracts, severance/separation agreements, executive compensation packages, including other employment-related forms, such as confidentiality agreements; non-disclosure agreements; non-compete agreements; and non-solicitation agreements. Ms. Branigan has counseled private and public sector clients, including Boards of Education with employment issues. Such advice has included advice on leaves of absence, performance, restructuring, reorganizations, and termination issues.
Ms. Branigan's litigation and negotiations experience includes handling complex multi-party matters and class action lawsuits. She has negotiated and litigated cases from both the plaintiff and defense perspectives. The types of matters have included gender/sex discrimination, sexual harassment, pregnancy discrimination, and care-giver responsibilities discrimination, age, race, religion, national origin, sexual orientation, and disability/handicap discrimination/harassment, wrongful discharge, public policy, retaliation for filing workers' compensation, Title VII of Civil Rights Act of 1964, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Older Workers Benefit Protection Act (OWBPA), Occupational Safety and Health (OSHA), Section 1983, Civil Rights, Equal Pay Act, Family and Medical Leave Act (FMLA), Fair Credit Reporting Act (FCRA), New Jersey Family Leave Act (FLA), Law Against Discrimination (LAD), Conscientious Employee Protection Act (CEPA, whistleblower), the New Jersey Minimum Wage Law, the New Jersey Wage and Hour Law, tenure dismissal, invasion of privacy, defamation, breach of employment contracts and retaliation claims. Her litigation experience includes appearing on matters filed in New Jersey and federal courts and with New Jersey and federal administrative agencies, such as the Equal Employment Opportunity Commission (EEOC), the Office of Administrative Law (OAL), the New Jersey Department of Labor, Divisions on Wage and Hour Compliance, Unemployment, and the New Jersey Division on Civil Rights (DCR).
As a litigator, she has participated in countless negotiations, mediations and settlement conferences on employment matters. Ms. Branigan has handled employment arbitrations filed with the AAA, as an advocate from both from the claimant and respondent sides. Prior to becoming a Commissioner with PERC, Ms. Branigan handled labor arbitrations, including, before the Commission.
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AWARDS, LEADERSHIP, AFFILIATIONS
- In August 2008, Ms. Branigan was named as one of the 2008 NJ BIZ Forty Under 40, which honors men and women in New Jersey who have made headlines in their field and share a commitment to business growth, professional excellence and to the community, and was featured in the August 11, 2008 and September 22, 2008 NJ BIZ Editions.
- In July 2008, Ms. Branigan was one of 2008 NJ BIZ Movers and Shakers in Legal Industry and featured on the front page of the July 14, 2008 NJ BIZ edition.
- In April 2008, Ms. Branigan received the esteemed Alice Paul Equality Award bestowed by the Alice Paul Institute in honor of her work to advance equality for women (Alice Paul is a New Jersey born suffragette, who helped with the passage of the women's right to vote).
- In June 2008, Ms. Branigan completed her two-year term as President of the New Jersey Women Lawyers Association ("NJWLA"), an organization whose revitalization in recent years has been attributed to her leadership. In April 2008, she was bestowed with an award created in her name, the Kirsten Scheurer Branigan Presidential Leadership Award by the NJWLA in recognition of, "her dedication to the advancement and retention of women in the legal profession and her efforts in revitalizing the Association."
- In 2007, Ms. Branigan became a Founding Partner of the New Jersey Council on Gender Parity in Labor and Education's Women in Law Project addressing issues relevant to the advancement and retention of women in the law.
- In 2006, Ms. Branigan was honored by the New Jersey Commission on Professionalism and NJWLA with the Professional Lawyer of Year Award.
- Barrister, Sidney Reitman American Inn of Court
- Director of Membership, Chair of Nominations, Board of Trustees and Executive Board Member, New Jersey Women Lawyers Association
- President New Jersey Women Lawyers Association (2006-2008)
- Member, American Bar Association (ABA), Labor and Employment Section
- Member, New Jersey Bar Association, Labor and Employment Section
- Judge, ABA Labor and Employment Section Mock Trial Competition
- National Employment Lawyers Association - NJ Chapter
- Member, National Association of Women Lawyers
- By-Laws Chair, Executive Women of New Jersey Board of Director (2006-2008)
- Saint Dominic Academy, Alumnae Committee
- Mosaic Sponsor, Alice Paul Institute
- Nutley Chamber of Commerce
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PUBLICATIONS
- The Carousel Awaits: A Mother’s Day Tribute
by
Kirsten Scheurer Branigan [Women Lawyers Journal,
National Association of Women Lawyers, Spring 2007]
- Importance of workplace investigations -
Corporate preventative and remedial measures
by Ty Hyderally and
Kirsten Scheurer Branigan
[New Jersey Lawyer, October 30, 2006]
- Women in the Legal Profession:
The Quest to Overcome Barriers to Advancement Continues
Kirsten Scheurer Branigan, co-author [Commerce magazine, Summer 2006]
- The Impact of Sexual Harassment and Sex Discrimination
on the Workplace - What Employers and Employees
Need to Know.
New Jersey Association of Women Business Owners, Bottomline Newsletter, Kirsten Scheurer Branigan, author. [June/July 2006]
- What NJ Employees Need to Know About Disability & Age Discrimination-Protected Family & Medical Leaves
Silk Purse Women Newsletter, Kirsten S. Branigan, author.
[Winter 2006]
- What Women Need to Know About Sexual Harassment in the Workplace, published in Garden State Woman Magazine, Kirsten S. Branigan, author. [December 2005/January 2006]
- The High Price of Employment – Expensive Employee Lawsuits – What Employers Need to Know, published by the Middlesex County Business Journal (January 2000), in the North Essex Chamber of Commerce trade publication (November 2005) and in Entrepreneur. COM, K. Branigan, author.[November 2005]
- The Impact of Sexual Harassment and Sex Discrimination on the Workplace - What Employers and Employees Need to Know, published in a newsletter issued by the Counseling Centers for Human Development, Inc., Kirsten S. Branigan, author (2004)
- Conducting and Attacking
Employment Investigations
An inadequate investigation can give rise to employer liability to the
alleged harassment victim, or the alleged harasser by Kirsten S. Branigan and
Christopher P. Lenzo
[New Jersey Law Journal, March 24, 2003]
- The Employment-At-Will Doctrine: Have its Exceptions Swallowed the Rule? Common Law Limitations Upon an Employer’s Control over Employees-At-Will, published by Practising Law Institute, Kirsten S. Branigan, author. [1997-2002]
- Note-Rutgers Computer and Technology Law Journal, The Clipper Chip: Cryptography Technology and the Constitution - The Government’s Answer to Encryption “Chips” Away at Constitutional Rights, Kirsten S. Branigan, 21 RUCTLJ, 263 [1995]
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SEMINARS
- Human Resource Professionals: The 'Key' Witness, Society of Human Resources Management (SHRM) North Jersey-Rockland Chapter (October 21, 2009)
- Hot Tips For Handling Disciplinary & Discharge Cases, Panelist, Essex County Bar Association (November 8, 2007)
- Legal Issues that Affect Women, presented to the Union-Essex Legal Professionals Association (January 2007)
- Co-presented the innovative and interactive mock investigation workshop entitled “HR UNDER FIRE” to a statewide audience of Human Resources professionals at the Society of Human Resources Management (SHRM) Annual Garden State
Conference in Long Branch, NJ (November 7, 2006)
- Co-presented the “HR UNDER FIRE” seminar to the Morris County SHRM chapter (October 11, 2006)
- Panelist addressing Gender Equity Issues that affect Women in Business at a program by the NJ Division on Civil Rights and
the Nutley Women’s Initiative (March 2006)
- Speaker at Program for New Jersey Women Business Owners Legal Issues Affecting Women-Owned Businesses (March 2006)
- Panelist addressing the legal issues that women face in the workplace at “Because We are Women –Celebrating Possibilities,”
Fairleigh Dickinson University (October 2005)
- Speaker on the legal issues that women face and an update on gender-based verdicts and settlements to the Central Jersey
Women’s Network (2005)
- Lecturer to class of female entrepreneurs at Fairleigh Dickinson niversity and to women entrepreneurs through the Rutgers
Small Business Development Center (2005)
- Speaker to North Jersey Female Executives’ Association program on employment law issues (1999-2000)
- Frequent lecturer to Council on Education, a group focused on providing total solutions to the workforce challenges facing both public and private sector organizations on topics such as New Jersey Family Leave and federal Family and Medical
Leave Act issues
- Speaker on numerous topics such as forms of harassment and discrimination and liability under New Jersey’s Law Against
Discrimination, sexual harassment, disability (and family/FMLA) leave issues and strategies to minimize employment disputes, including, to the Association of Trial Lawyers of America (ATLA) Convention, at the NJ State Parking Authority and
Environmental Authority Conventions
- Speaker for numerous different professional organizations, including, but not limited to, chamber of commerce groups
and female executives’ associations on sexual harassment, FMLA, disability, pregnancy, and leaves of absence issues
- Frequent speaker for presentations to law school students, college and high school students thinking about attending law school, particularly those enrolled in, or considering admission, to the Minority Student Program at Rutgers Law School -
Newark
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PRESS
- Study: Female Lawyers Shortchanged at the Top, Kirsten Scheurer Branigan interviewed. [NJBIZ, January 21, 2008]
- Minority and Women Judges, Kirsten Scheurer Branigan interviewed. [New Jersey Lawyer, January 7, 2008]
- Legal Issues Affecting Women in the Workplace
Kirsten Scheurer Branigan interviewed by Rebecca Lubetkin.
[New Directions for Women (Television Show), Morris County National Association of Women (NOW), November 7, 2007]
- Executive Women of New Jersey Member Spotlight:
Our second profile this issue is Kirsten Branigan, a self-employed attorney who recently
opened the Law Office of Kirsten Scheurer Branigan, P.C. in Newark. [The Update. A publication for EWNJ Members,
September 2007]
- A question of legality by Andrea Gurwitt
[Herald News, Working: Ask the Expert, May 7, 2007]
- Attorney Advocates for Gender Awareness by Lori Varga
[Rutgers Alumni Relations Newsletter, February, 2007]
- Many spouses will dine alone by Heather Haddon
[Herald News, February 14, 2007. Source: North Jersey Media Group] www.northjersey.com
- Old-Girl Networks Reach Out to Extend a Hand: More experienced women lawyers work to help
newbies advance
Kirsten Scheurer Branigan was featured in the NJ Biz article titled "Old-Girl Networks Reach Out to Extend a Hand" by Victoria Hurley-Schubert. The article focused on how women at some law firms are reaching out to younger counterparts, helping them to develop the skills necessary to get ahead.
[NJ Biz, January 22, 2007]
- Diverting Bench Diversity:
Zero to tokenism marks many courthouses by Dana E. Sullivan
[Garden State Bar Association]
- Women's law leader knows the fight is not over
Kirsten Scheurer Branigan was featured in the The Star Ledger article titled "Women's law leader knows the fight is not over" by Gregory C. Washington. The article focused on Ms. Branigan's achievements, her role as a business women and using her role as newly elected President of NJWLA, to address what she sees as the problems experienced by women who practice law.
[The Star Ledger, December 21, 2006]
- Branigan Wins NJCPL Award
[New Jersey Law Journal, December 18, 2006]
- Women Lawyers Association Recasts Itself and Its Mission
[New Jersey Law Journal, November 27, 2006]
- Association Revitalized
[New Jersey Law Journal, New Jersey Lawyer,
November, 2006]
- ALUMNAE NEWS 1988: Kirsten Scheurer Branigan was recently awarded 2006 Professional Lawyer of the Year Award
[Pentimento, Saint Dominic Academy, Spring 2007]
- Lawyer on a Mission
[New Jersey Lawyer, May 8, 2006]
- Women partners (Still few and far between)
[New Jersey Lawyer, May 8, 2006]
- The Challenges Women Attorneys still Face
Kirsten Scheurer Branigan was featured in the May 22, 2006 NJ Biz article titled " The Challenges Women Attorneys Still Face" by Martin C. Daks. The article focused on how Ms. Branigan will be using her role as newly elected President of NJWLA, to address what she sees as the problems experienced by women who practice law. [NJ Biz, May 22, 2006]
- Diverting Bench Diversity: Zero to tokenism marks many courthouses by Dana E. Sullivan, Garden State Bar Association (KSB Interviewed)
- Guest on a New Jersey television program hosted by Steve Adubato, on sexual harassment and its legal and practical implications in the workplace (KSB Interviewed)
- Commentary provided in connection with an article published by The Home News Tribune entitled Abuse of Power: Women Are Still Dealing with [plaintiff-gender] Employers who “Just Don’t Get It” and Their Harassing Comments in the Workplace, Jokes and Sexual Demands (KSB Interviewed) [September 25, 2002]
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ADDITIONAL ASSOCIATIONS / AFFILIATIONS
- Executive Women of New Jersey, Programming Committee
(2006-2007); Scholarship Committee (2006)
- Labor and Employment of American Bar Association (intermittently 1997-2005)
- Labor and Employment Section, New Jersey State Bar Association (1995-present)
- National Employment Lawyers Association (NELA)
(intermittently 1996-2005, not every year)
- NELA-NJ (1996-present, not every year)
- NJSBA, Women in the Profession Section (2005-present)
- Society of Human Resource Management (SHRM)
(2005 to present)
- Membership Committee - Morris County chapter of the Society of Human Resources Management (SHRM) (2005-2006)
- Metro Employee Management Association of SHRM (2005)
- North Essex Chamber of Commerce Government Relations Committee (2005-2006)
- Rutgers Small Business Development Center Advisory Board (2006)
- Co-Vice President of Corporate Relations of the Essex County chapter of New Jersey Association of Women Business Owners
(2005-2006) and Member 2005-present
- Sexual Harassment Committee of National Employment Lawyers Association (NELA) (2004-2005)
- Essex County Democratic Women’s Political Caucus (2006)
- Women’s Political Caucus of New Jersey (2005-2006)
- Host Committee, PAM’s List Event (June 2006)
- New Jersey Association of Women Business Owners (2005-present)
- National Association of Female Executives (2005-2006)
- Women Impacting Public Policy (2005-present)
- U. S. Women’s Chamber of Commerce (2005-present)
- The International Alliance for Women (2005-present)
- Central Jersey Women’s Network (2005)
- Rutgers Alumni Association (2005-present)
- Saint Dominic Academy, active alumna
- New Jersey Time to Care Coalition (2005-present)
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Kirsten Scheurer Branigan
Owner
Kirsten@KSBraniganLaw.com
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