Gary leads the Goyette & Associates complex litigation division focusing on wage and hour class actions and wage-related litigation of all types. With extensive knowledge of both California wage law and the federal Fair Labor Standards Act (FLSA), Gary has had numerous successes in both class action and traditional civil action lawsuits, including the litigation and settlement of a large prevailing wage class action for tugboat employees, litigation and settlement of a large class action against several investment banking companies for misclassified employees, litigation through trial and settlement of unequal pay claims for female public employees and a variety of other class actions and civil actions seeking overtime pay, commission pay, pay for off-the-clock time, pay for missed meal and rest periods and monetary damages for various state wage law and FLSA violations.(See Wage and Hour Victories)
Gary has managed wage and hour cases to enforce clearly established areas of state and federal wage law, as well as litigating cases involving undecided areas of law. Class actions, civil actions, and complaints through the California Labor Commissioner have been undertaken to help determine the proper scope of public works/prevailing wage law in California, to help determine the limitations on federal wage law over state wage law for Maritime employees, to ascertain which areas of state wage law apply to public employees, and to clarify the overtime pay requirements for piece-rate and commissioned based employees.
Areas and Cases Currently Managing
Gary is presently litigating and managing multiple large class actions covering peace officers, correctional supervisors, wastewater treatment plant employees, and restaurant employees, and is also litigating a variety of cases for individual employees. See G&A Wage and Hour Cases and Successes
In addition to litigating and managing wage and hour class actions and individual cases, Gary has worked successfully in other types of civil litigation, including civil actions and Petitions for Writ of Mandate to obtain declaratory and injunctive relief for unions and public employees based on the obligations for public employers, as well as a variety of other civil litigation involving the rights of public employees. In addition, Gary handles private sector civil litigation and other representation of businesses involving a variety of matters affecting employers and commercial businesses. Private sector representation includes defense of sexual harassment, retaliation, and/or discrimination lawsuits and claims, enforcement of contracts and other litigation seeking debt owed and other issues affecting businesses such as leasing and property disputes.
Overall, Gary’s extensive knowledge of federal and state wage law, his experience with class action matters and his acute attention to detail enable him to litigate and manage cases involving complex facts and wage-related calculations in cases of all sizes – - from individual Labor Commissioner claims to class actions covering ten thousand or more employees – - leading to successful outcomes.
IF YOU ARE AN EMPLOYEE OR AN EMPLOYER WITH ANY QUESTIONS regarding federal of California wage law, CONTACT US. Gary is happy to hear about your situation and answer any such questions.
B.S. Mechanical Engineering, University of California, Berkeley; J.D. Brooklyn Law School, Brooklyn, New York
State Bar of California. U.S. District Courts of the Eastern District, Northern District and Central District in California.