Labor & Employment Law
(401) 272-8080 / Ext. 258
- Advised multiple employers on means of remaining union free and conducted supervisory training in era of Employee Free Choice Act.
- Successfully defended union attempt to enjoin unilateral implementation of 5% pay cut, 20% health insurance contribution for 500 employees.
- Advised numerous employers on wage and health benefits rollbacks, workforce reduction, open window retirement plans and concession bargaining.
- Represented a local municipality in renegotiating contracts with its teachers' union, requiring a substantial reduction in salaries and benefits. City has been successful enforcing a renegotiated contract resulting in the savings of $9 million in the initial phase. The union has vigorously contested the City's efforts through the Rhode Island Superior Court as well as the State Labor Relations Board but has been unsuccessful.
- Gained an across the board 15% employee contribution to health insurance by the Rhode Island Association of Firefighters, rollbacks in retiree benefits, restoration of management rights, at interest arbitration.
- Guided employers in defense of corporate campaigns used as organizing tool in construction trades.
- Successful representation of management in defending hundreds of claims of employees discharged for various reasons asserting charges of unlawful discrimination and violation of collective bargaining agreements.
- Prevailed for multi national employer in ERISA action.
Our firm is in the forefront of interpreting and construing state and Federal statutes that:
govern the relationships between groups of employees and employers, and
control how employers must treat employees, former employees and applicants for employment.
We represent a broad cross-section of unionized and non-unionized employers in the private, non-profit and public sectors.
- Collective Bargaining
- Employment Law
- Employment Discrimination
- Equal Employment Opportunity
- Employee Benefits
- Arbitration & Mediation
Gary’s practice focuses on business litigation including employment and labor law and construction law.
Gary brings extensive experience in litigation to LMKBW. For over seven years, Gary served as outside trial and appellate attorney for FleetBoston Financial Corporation and Bank of America with Edwards & Angell, LLP in Providence, Rhode Island and Fisher & Phillips, LLP in Chicago, Illinois. He also represented CVS Corporation and PNC Bank in New England, New Jersey and Florida. Thereafter, as Assistant General Counsel to Lowe’s Companies, Inc. in Mooresville, North Carolina, Gary managed national and international employment law matters impacting over 200,000 employees in the United States, Canada and China, including class actions, wage and hour collective actions, discrimination cases, employment contracts, and international employment agreements. In addition, he directed outside counsel, including over forty law firms in the United States, Canada, and China. Gary has also advised Fortune 500 corporations and law firms as a consultant with respect to management of large national and international claims, including class actions and multi-district litigation.
Arace v. PNC Bank
, 182 N.J. 629 (2005) (Table)(employee handbook/implied contract)
Potvin v. PNC Fin. Services Group, Inc.,
No. MRS-L-3840-02 (N.J. Super. Ct. Law Div., 2005)(gender discrimination/sexual harassment/defamation)
Cox-Shumski v. FleetBoston Fin. Corp.,
No. ATL-L-3284-01 (N.J. Super. Ct. Law Div. 2005)(age discrimination/implied contract/defamation)
Lena v. FleetBoston Fin. Corp.,
No. 03-271 ML (D.R.I. Aug. 4, 2004)(ERISA benefits)
Reilly v. FleetBoston Fin
., No. PAS L 000640-02 (N.J. Super. Ct. Law Div. 2004)(employee severance benefits)
Andrews v. PNC Bank, N.A.
No. 02-CV-01254 (M.D. Pa. Mar. 19, 2004)(age and disability discrimination)
McDonald v. CVS Corp.,
No. 02-60523-CIV-Cohn (S.D. Fla. 2004)(race and national origin discrimination)
Bauer v. Summit Bancorp.,
325 F.3d 155 (3d Cir. 2003)(ERISA case of first impression in the United States)
Orellana v. Fleet Nat’l Bank
, No. L-2560-02 (N.J. Super. Ct. Law Div. 2003)(employee work schedule and discrimination)
Wilburn v. Fleet Financial Group, Inc
., No. 3:99cv1542 (D.Conn. 2001)(sexual harassment and retaliation)
Estate of Kronemeyer v. Meinig
, 948 P.2d 119 (Colo. App. 1997)(Colorado’s wrongful death act)
Chapter Author: Rhode Island Employment Laws, Defense Research Institute (DRI) Employment Law 50 State Compendium
, (January 2006)
Author, Ombudsmen Could Expose Corporations to Liability, Providence Business News
, (August, 2005)
Author, Judging Books by Their Covers: Appearance Discrimination and the Law, Labor & Employment Law Newsletter
, (February 2004)
Author, Expanded Grounds for Judicial Review of Employment Arbitration Awards, 67 Defense Counsel Journal 487
Author, Can Physicians Be Compelled to Give Opinion Testimony? Colorado Family Physician
, Vol. XXXIII, (Fall 1998)
Author, An Unsettling Aspect of Settlement, 15 Trial Advocate Quarterly 30
“Avoiding Discrimination and Harassment Claims,” Independent Armored Car Operators Association (IACOA) National Annual Convention, The Woodlands, Texas, (June 2006)
“Labor Issues, Employment Law Traps and Independent Contractors,” Metals Service Center Institute (MSCI), Central States Chapter Meeting, Chicago, Illinois, (September 2006)
“Hiring and Firing: How to Do It Right,” Human Resources Professionals Legal Education Forum, Providence, Rhode Island, (December 2003)
“Locating and Working with Expert Witnesses,” Colorado Practice for Paralegals, Denver, Colorado, (February 1998)
“Age Discrimination in the Workplace,” St. Petersburg Radio, St. Petersburg, Florida, (April 1996)