Justin A. Guilfoyle

Associate

New York
T +1.212.589.4607
F +1.212.589.4201

Overview

Justin Guilfoyle focuses his practice on complex employment-related litigation and brings a wealth of experience in defending against class and collective wage and hour matters. Through his vigorous representation and dedication to creative and efficient problem solving, Justin helps clients navigate the many facets of the employer-employee relationship. He works with employers of all sizes and across industries, defending them in employment disputes of all varieties in both federal and state courts, as well as in arbitration and before administrative agencies.

Matters involve wage disputes and claims of discrimination, retaliation, harassment, failure to accommodate disabilities, breach of employment contracts, and restrictive covenants and whistleblower violations. Always cognizant of the clients' needs, Justin partners with them to structure practical and efficient solutions to the complex issues at hand.

Select Experience

  • Defends clients against FLSA and NYLL claims in the class/collective and individual plaintiff contexts, and counsels employers of all sizes on wage and hour compliance, including issues involving overtime exemptions, employee classification, interns, tip pooling, wage allowances, payroll and record-keeping practices and government audits.
  • As lead attorney, represents employers in all areas of employment law in federal and state courts, as well as before administrative agencies, by formulating defense strategies, drafting dispositive motions and position statements, participating in government investigations, taking and defending party and non-party depositions and overseeing the discovery process.
  • Counsels employers on compliance with federal, state and local employment laws, including COVID-19 regulations, conducting workplace investigations, guiding clients through reductions in force, auditing and preparing handbooks, negotiating severance packages, and drafting employment, restrictive covenant, commission and consulting agreements.
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Experience

  • Defends clients against FLSA and NYLL claims in the class/collective and individual plaintiff contexts, and counsels employers of all sizes on wage and hour compliance, including issues involving overtime exemptions, employee classification, interns, tip pooling, wage allowances, payroll and record-keeping practices and government audits.
  • As lead attorney, represents employers in all areas of employment law in federal and state courts, as well as before administrative agencies, by formulating defense strategies, drafting dispositive motions and position statements, participating in government investigations, taking and defending party and non-party depositions and overseeing the discovery process.
  • Counsels employers on compliance with federal, state and local employment laws, including COVID-19 regulations, conducting workplace investigations, guiding clients through reductions in force, auditing and preparing handbooks, negotiating severance packages, and drafting employment, restrictive covenant, commission and consulting agreements.
  • Advises clients on all aspects of the employer-employee relationship, including medical leaves of absence, disciplinary and termination decisions, joint employment relationships, accommodation requests, restrictive covenants and drafting employee handbooks and policies, as well as day-to-day compliance with federal, state and local laws.
  • Conducts buy-side due diligence by analyzing materials and information related to target entities’ employment practices, evaluating liabilities and potential exposures, and preparing recommendations as to the corresponding impact on the purchase price and deal terms.
  • Defends employers in employment discrimination and wage and hour matters by drafting dispositive motions and pleadings, taking and defending depositions, preparing discovery, appearing at court conferences and representing clients at mediations and settlement conferences.
  • Represents companies of all sizes against website accessibility lawsuits and counsels clients on prospective website remediation and compliance with applicable WCAG standards.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America®
    • “Ones to Watch” New York: Litigation - Labor and Employment

Pro Bono

  • Provided employment counseling and litigation defense to a NYC-based social services not-for-profit.

Prior Positions

  • The Honorable Eric N. Vitaliano, U.S.D.J., U.S. District Court for the Eastern District of New York: Judicial Intern (2011)

Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, District of New Jersey
  • U.S. District Court, District of New Mexico
  • New York
  • New Jersey

Education

  • J.D., Fordham University School of Law, 2013; Staff, Urban Law Journal
  • B.A., Psychology; Religion, Columbia University, 2010

Blog

In The Blogs

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Employment Law Spotlight
Gov. Kathy Hochul Announces Designation of COVID-19 as an Airborne Infectious Disease Under NY HERO Act
By Justin A. Guilfoyle
September 9, 2021
As we previously discussed in May and July, the New York Health and Essential Rights Act (NY HERO Act), signed into law by then-Gov. Andrew Cuomo, required employers to take numerous health and safety measures in response to the COVID-19...
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Employment Law Spotlight
Update on the NY HERO Act: What the NY COVID-19 Worker Protection Law Means for Employers
By Justin A. Guilfoyle
July 20, 2021
On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (NY HERO Act) into law. As discussed in an earlier BakerHostetler post, this law mandates extensive new workplace health and safety protections in response...
Read More ->