Federal Employment Law

Federal Employment Law in New York

Employee-Only Representation for Federal Employment Claims in New York State

Federal employment claims can arise from several forms of unfair or unlawful workplace treatment. At Goodley McCarthy LLC, we represent employees in disputes involving:

Unpaid wages, minimum wage violations, and unpaid tips
Overtime misclassification and other overtime violations
Equal pay violations
Prevailing wage claims
Inadequate advance notice under the Worker Adjustment and Retraining Notification Act, commonly called the WARN Act
Protected leave, workplace safety, and retaliation

Our work includes claims under the Fair Labor Standards Act (FLSA), as well as matters involving the Davis-Bacon Act and other prevailing wage requirements, the Family and Medical Leave Act, the Occupational Safety and Health Act, and related anti-retaliation protections. Private-sector statutory claims follow different procedures from discrimination complaints brought by federal government employees through agency Equal Employment Opportunity processes.

Call (215) 273-3491 for a free consultation about your federal employment law concerns and the options that may apply.

What to Expect During an Employment Law Consultation

We begin by discussing what happened at work and identifying information relevant to a potential claim. Useful records often include:

Pay records and timekeeping data
Employment agreements and plant-closing notices
Written complaints and communications with supervisors or human resources

Your options may depend on your employer, role, job classification, work history, and the law connected to the dispute. The next step could involve an agency process, negotiation, litigation, or workers pursuing related wage claims together.

We explain your rights and the legal process in straightforward terms, then develop a strategy around the facts and goals of your case. Free virtual consultations are available to New York State employees who want to discuss workplace concerns.

Deadlines for Wage, Plant-Closing & Federal-Sector EEO Claims

Deadlines depend on the claim and its circumstances. Under the FLSA, an employee generally has two years to seek back wages and liquidated damages, or three years if the violation was willful.

Federal law generally requires employers with at least 100 full-time employees to provide 60 days of written notice before a covered plant closing or mass layoff affecting 50 or more workers at one site. The New York WARN Act has a lower threshold of 50 employees and generally requires 90 days of advance notice.

Federal government employees generally must contact an agency Equal Employment Opportunity Counselor within 45 days of an alleged discriminatory act or the effective date of a personnel action. If counseling doesn’t resolve the issue, the employee generally has 15 days after receiving a Notice of Final Interview to file a formal complaint. These federal-sector procedures differ from the wage and plant-closing claims we handle.

Potential Relief in Wage & Plant-Closing Claims

Back pay refers to wages or other compensation that should have been paid under applicable law. Underpaid or misclassified workers who recover unpaid minimum wage or overtime through an FLSA lawsuit may also receive an equal amount as liquidated damages, along with attorney’s fees and court costs.

Employees denied required advance notice under federal law may be entitled to back pay and benefits for up to 60 days. Whether compensation is available depends on the legal claim, the employer’s conduct, pay records, and supporting evidence.

Continue Reading Read Less

Schedule A Consultation Today

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Goodley McCarthy LLC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Employee-Only Labor & Wage Representation

Founded in 2021, our practice is dedicated exclusively to representing employees rather than employers. We work with individual workers and labor organizations, and we collaborate with unions and employees pursuing shared workplace goals.

Our labor and wage practice includes:

Wage and overtime disputes
Prevailing wage requirements
Labor union matters
Employer retaliation

Workplace disputes can affect income, job security, and decisions about what to do next. We clearly explain legal rights, available options, and applicable procedures so clients can make informed choices.

Free consultations are available in person or virtually. Qualifying matters may be handled on a contingency basis without upfront attorney fees. Under that arrangement, attorney fees are tied to a recovery when the representation agreement provides for that structure.

Thousands of Class Members Served
When it comes to your legal representation, experience matters. Our track record of victories speaks volumes about our commitment to our clients. Let us navigate the legal complexities for you.
Over a Decade of Legal Experience

Our seasoned team specializes in class action employment litigation, providing top-tier representation to support your case. Our firm delivers dedicated legal counsel, fueled by years of collective experience, integrity, and a commitment to achieving the best outcomes.
Meet with Us Virtually
Seamlessly connect with our legal experts from the comfort of your home or office. Your convenience is our priority, and we're dedicated to providing comprehensive legal support on your terms
Exclusively Dedicated to Employees
Devoted to championing the rights of employees, our firm focuses solely on providing legal support and representation for workers. We're here to stand by you and fight for fairness, in the workplace.

How Federal Employment Claims Differ in New York

The proper forum and procedure depend on the worker’s employer, job classification, alleged violation, and applicable law. Wage disputes, plant-closing claims, and federal-sector discrimination complaints each follow a different path.

Common distinctions include:

Wage and overtime claims: FLSA claims address federal pay requirements for covered employees, including worker-classification disputes.
Plant-closing claims: Federal and New York laws may require advance written notice before covered closings or mass layoffs.
Federal-sector discrimination matters: Federal government employees generally begin through their agency’s Equal Employment Opportunity process rather than the process used for private-sector wage claims.
Retaliation claims: Federal protections may apply when an employer takes action against a worker for asserting rights involving wages, protected leave, or workplace safety.

Wage-and-Hour Results for Workers

We obtained a $1.4 million class and collective action settlement in Behrens v. MLB Advanced Media, L.P. for more than 200 employees who alleged improper overtime compensation under the Fair Labor Standards Act and New York Labor Law.

We also obtained a $1.15 million class and collective action settlement in Carusillo et al. v. FanSided, Inc. for workers alleging that they were misclassified as independent contractors under federal and New York wage laws. Together, these cases reflect our experience representing hundreds of workers in large group proceedings. Prior results don’t guarantee a similar outcome.

Discuss Your Workplace Rights with Our Firm

A free consultation gives you an opportunity to explain what happened, identify relevant records and deadlines, and discuss potential legal options. Virtual consultations are available for New York State employees.

We handle qualifying claims on a contingency basis, so you won’t pay upfront attorney fees when your representation agreement uses that structure.

Call (215) 273-3491 or submit our contact form to discuss your federal employment claim with Goodley McCarthy LLC.

Our Results

$126,353.87

Int'l Painters & Allied Trades Indus. Pension Fund v. Madison Coatings Co., Inc., No. 17-1559, 2019 U.S. Dist. LEXIS 188759 (D. Md. 2019)
Int'l Painters & Allied Trades Indus. Pension Fund v. Madison Coatings Co., Inc., No. 17-1559, 2019 U.S. Dist. LEXIS 188759 (D. Md. 2019) (summary judgment in favor of union benefits funds and against the employer for $126,353.87 in benefit fund contributions and other damages).
$225,000

Bd. of Trs., Roofers Union Local 30 Combined Health & Welfare Fund v. Hughes Urethane Constr. Co., No. 19-1820, 2020 U.S. Dist. LEXIS 204654 (E.D. Pa. 2020)
Bd. of Trs., Roofers Union Local 30 Combined Health & Welfare Fund v. Hughes Urethane Constr. Co., No. 19-1820, 2020 U.S. Dist. LEXIS 204654 (E.D. Pa. 2020) (summary judgment for union benefit funds and against the employer resulting in $225,000 judgment in favor of the funds).
Judgment Dismissal

Juisti v. City of Chester, No. 18-2317, 2019 U.S. Dist. LEXIS 160595 (E.D. Pa. 2019)
Juisti v. City of Chester, No. 18-2317, 2019 U.S. Dist. LEXIS 160595 (E.D. Pa. 2019) (summary judgment dismissal of breach of duty of fair representation suit brought against a labor union).

All Results

Your Legal Advocates in Philadelphia Contact Us at (215) 273-3491 Today

Schedule Your Appointment

Hear From Our Happy Clients

At Goodley McCarthy LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“Thank you James Goodley, for taking on my case”
“Truly amazing and I am grateful for all the hard work you've put into my case and for giving me a fresh beginning.”

- Former Client
“Thanks to Ryan's efforts, my case was resolved successfully!”
“Ryan McCarthy was exceptional in resolving my FMLA case involving salary-exempt status and overtime laws in the IT field. He was responsive, professional, and fought diligently to secure a fair outcome.”

- James
“I would highly recommend!!”
“Ryan McCarthy obtained a great settlement for me in a case of unpaid wages and tips against my employers. He was always available to answer any questions or concerns. I would highly recommend!!”

- Mirella
“Very professional and knowledgeable.”
“5 stars. Goodley McCarthy LLC did great with a case for unpaid wages at a popular restaurant in DC. Let them know what’s going on, and they will handle the rest. Very professional and knowledgeable. Thank you to the team; also very helpful.”

- Josmary K.
“Fought for what we were owed!”
“Goodley and McCarthy did an amazing job, getting my husband and me what we were owed for unpaid wages. I would recommend them to anyone.”

- Tara H.
“Great Legal Service and Experienced Lawyers”
“Great legal service and experienced lawyers, especially James Goodley.”

- Daisy R.
“Very knowledgeable and responsive.”
“Used Goodley McCarthy LLC for a case against a former employer. They were very knowledgeable and negotiated a settlement without a long trial. Very responsive to questions and kept everyone updated. Highly recommend and will use them if needed.”

- Chad
“Reached a Settlement Quickly and Efficiently”
“
James represented me in a civil case involving my employer. Due to his experience and knowledge we were able to reach a settlement quickly and efficiently. I would highly recommend James to other prospective clients.
”

- Jesse S.

View All Reviews