Justin A. Guilfoyle

What do you focus on?

My practice focuses on representing employers in employment-related litigation and providing advice and counseling on all aspects of the employer-employee relationship from hire through separation.

Employment-Related Litigation

I defend employers in a wide range of employment and labor disputes in both federal and state courts, as well as before administrative agencies. These matters involve claims of discrimination, retaliation, harassment, failure to accommodate disabilities, breach of employment contracts and restrictive covenants and whistleblower violations. I also represent employers in wage and hour class and collective actions, as well as single and multi-plaintiff matters, alleging violations of federal, state and city laws.

Strategic Advice, Counseling and Auditing

As a strategic partner, I routinely counsel clients on best practices regarding wage and hour statutes, employee relations, leaves of absence, reductions in force, employee discipline and website and mobile application accessibility standards. I also provide advice for employers, as well as training for supervisors and employees, regarding the creation and implementation of internal policies and practices to mitigate risk and ensure compliance with applicable employment and labor laws. I also conduct employment policy audits, as well as due diligence reviews for clients involved in mergers and acquisitions.

What do you see on the horizon?

As a result of the continued proliferation of new city and state employment-related legislation, I anticipate seeing a steady increase in claims and litigation against employers of all sizes based upon alleged non-compliance with their evolving legal obligations. Cities and counties are now routinely enacting legislation, such as New York City’s Lactation Accommodation Law and Westchester County’s Sick Leave Law, which establish unique requirements for employers who operate in multiple jurisdictions within a state. In order for employers to mitigate the risks associated with these new laws and their employees’ augmented rights, employers will need to become increasingly proactive by routinely conducting employment policy reviews and audits.