Gary is head of Goyette & Associates Civil Litigation Department, handling representation of both employers or other businesses and employees in civil actions in both state and federal Courts. Gary has taken his extensive experience representing employees/Plaintiffs in all sizes and types of civil actions, including class action/complex litigation in wage and hour cases, and effectively represented employers and businesses as Defendants in civil suits, or in providing legal advice to avoid litigation. His attention to detail in conducting discovery, drafting briefs and presenting oral argument have provided Goyette & Associates clients with quality representation and success in civil litigation.
With extensive knowledge of both California wage law and the federal Fair Labor Standards Act (FLSA), Gary has had numerous successes in the litigation of class actions, lawsuits involving multiple Plaintiffs, and cases for individual Plaintiffs. His litigation and settlement of class actions has included prevailing wage claims for tugboat employees, overtime pay claims for misclassified employees working for investment banking companies, off-the-clock wage claims for wastewater treatment plant workers, and wage theft claims for restaurant employees. Gary has also successfully litigated civil actions for multiple Plaintiffs through to trial, including unequal pay claims for female public employees and misclassification/overtime pay claims for refinery workers. He has litigated and successfully settled hundreds of other civil actions and wage claims seeking overtime pay, commission pay, pay for off-the-clock time, pay for missed meal and rest periods, reimbursement of expenses and other monetary damages for various state wage law and FLSA violations.(See Civil Litigation Victories). Notably his litigation work has involved both private sector employees/employers and public entities – – meaning he has handled cases involving both federal and state law, in both federal and state Courts.
Gary’s experience with this extensive Plaintiff-side civil litigation has now enabled him, along with Goyette & Associates’ staff, to successfully defend employers and other businesses as Defendants in civil actions, or as parties facing potential litigation. His experience enables him to accurately assess the risks and liability faced in specific cases, aggressively defend against weak or speculative claims, and obtain the best financial result for clients. The employer-Defendant side litigation has included multi-party construction defect cases, inverse condemnation claims against public entities, discrimination/harassment and retaliation claims against employers, and a variety of other civil suits. In addition, Gary and the staff in the Civil Litigation Department have provided, and continue to provide detailed advice based on the intricacies of federal and state law, as applicable, to help business minimize risks/liability and avoid civil litigation altogether in many situations.
Gary works and oversees other attorneys in all aspects of civil litigation with an uncommon attention to detail – – likely stemming from his engineering background. Starting with a detailed gathering and evaluation of the facts and circumstances at issue, and assessing that information against the applicable law, as shaped by published Court decisions, Gary and his staff then engage in thorough discovery, including depositions, followed by appropriate motions, leading to trial. The common denominator in this detailed litigation work is establishing leverage for the Goyette & Associates client to achieve successful settlement when appropriate, in lieu of extended, costly litigation – – when the settlement provides the best result for the client.
IF YOU ARE AN EMPLOYEE OR AN EMPLOYER WITH ANY QUESTIONS regarding existing or potential civil litigation based on either federal or California 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.