Patrick McCarthy helps employers comply with federal and state labor regulations governing union and nonunion-represented work forces, including NLRA, wage and hour, OSHA, whistleblower laws, Sarbanes-Oxley and leave laws. He also represents employers in their relations with labor unions, including negotiating and administering collective bargaining agreements.
Patrick has represented management in some 450 grievance and interest arbitrations. He has also appeared before state and federal departments of labor on all types of workplace matters, such as contested proceedings before the Federal Occupational Safety and Health Administration and its counterpart state agencies. He has successfully obtained injunctions against strikes, boycotts, strike violence and illegal picketing and has litigated unfair labor practice cases before the National Labor Relations Board.
Clients rely on Patrick for strategic advice on workforce planning and dispositions in connection with all types of business changes. This has included business sales and acquisitions, plant closings and relocations and workforce restructurings.
Serve as chief spokesperson or legal advisor to company negotiators in several annual negotiations of collective bargaining agreements in industries such as manufacturing, utilities, automotive, distribution, chemical and aviation
Conducted due diligence for labor and employment issues for corporations that acquired or sold major businesses through stock or asset purchases and mergers; advised those employer clients on compliance with all applicable federal and state laws; transactions involved groups of employees, ranging from hundreds to thousands, with some matters necessitating terminating or transitioning union representation rights, collective bargaining unit agreements and employee benefits for several thousand union-represented employees, in highly complex and challenging transactions
Defended employers in OSHA investigations against civil penalties and referrals to the U.S. Department of Justice for criminal prosecution including high value, catastrophe cases, including nearly 30 workplace fatality cases; providing immediate response at workplace accident scenes and coordinating interactions with federal and state agencies and local police and fire authorities as part of Day Pitney's multi-disciplinary catastrophe response team
Chosen for inclusion in The Best Lawyers in America, Labor and Employment Law, 2006-2017
Chosen for inclusion in The Best Lawyers in America, Business Edition, 2013
Chosen for inclusion in the Chambers USA Legal Directory as a leading labor and employment attorney in New Jersey, 2007-2017
Selected to the list of New Jersey Super Lawyers (Thomson Reuters), Employment and Labor, 2010-2016
AV Preeminent rated by Martindale-Hubbell
Advisory Board Member, St. Benedict's Preparatory School, Newark, NJ; Chair, Development Committee, 1986-2008
Served for four years as a Public Board Member on the New Jersey State Board of Psychological Examiners
Former member, Montclair State University Advisory Board on Paralegal Studies