Labor Union Defense Attorneys in Philadelphia
Our attorneys at Goodley McCarthy LLC understand there is a full gamut of laws at a union’s disposal that may complement an organizing campaign or help guarantee that non-union employers do not violate area wages and standards. While the firm has experience representing labor unions in traditional union legal matters such as arbitrations, unfair labor practice charges before the NLRB, and duty of fair representation (DFR) litigation, our lawyers focus their practice on representing unions, their members, and employees they are organizing in a much wider range of legal matters.
Creative Strategies to Enforce Prevailing Wages & Area Standards
Our lawyers litigated a False Claims Act case on behalf of an electricians’ union against a non-union contractor that falsely classified and paid its electrician employees as lower-paid laborers on a federally funded prevailing wage job. That case resulted in a judgment against the company and favor of the union and the United States for $2,488,474.62.
In New Jersey, the New Jersey Prevailing Wage Act (NJPWA) may be a powerful tool for unions to hold non-union contractors accountable for not paying their employees the full prevailing wage because (unlike the federal Davis-Bacon Act) the NJPWA provides employees the right to sue their employer in court for failure to pay the prevailing wage. The aggrieved employees may bring such claims on an individual or class basis, or those employees may assign their prevailing wage claims to a union which can then sue the employer on their behalf.
Wage & Hour Actions
Unions attempting to organize non-union shops in any industry are uniquely positioned to identify minimum wage, overtime, and other employment violations. In the context of organizing campaigns, the firm has successfully brought wage and hour lawsuits under the Fair Labor Standards Act against non-union employers who misclassified their employees as independent contractors and failed to pay the employees' overtime compensation. In another unpaid overtime matter, James and Ryan secured a $337,000 settlement for four supervisory EMS responders who were not included in the union bargaining unit.
Union Benefit Fund Representation
The firm’s attorneys also have significant experience representing union benefit funds in delinquent contributions (29 U.S.C. §§ 185, 1145), withdrawal liability, and bankruptcy matters.
How We Can Help
Our attorneys focus their legal practice on fiercely advocating for labor unions and their members in traditional and non-traditional labor litigation. Depending on the particular case, the firm may be able to take on union or employee clients on a contingent (meaning no legal bills unless successful recovery), hourly, or hybrid basis.