Professional Experience
Mr. McCarthy assists employers in complying with federal and state labor regulations governing union and nonunion-represented work forces (NLRA, wage and hour, OSHA, whistleblower laws, Sarbanes-Oxley, and leave laws) and with their relations with labor unions, including negotiating and administering collective bargaining agreements and has represented management in some 450 grievance and interest arbitrations. He appears before state and federal departments of labor on all workplace matters, including contested proceedings before the Federal Occupational Safety and Health Administration and its counterpart state agencies. He has successfully obtained injunctions (strikes, boycotts, strike violence, and illegal picketing) and has litigated unfair labor practice cases before the National Labor Relations Board. Mr. McCarthy provides strategic advice to employers on workforce planning and dispositions in connection with all types of business change, including business sales and acquisitions, plant closings and relocations, and workforce restructurings.
Mr. McCarthy is a frequent blogger on Day Pitney's Employer's Law Blog (www.EmployersLawBlog.com), a weblog that presents the latest news in labor, employment, and employee benefits law.
Representative Matters
· Annually has participated as chief spokesperson or legal advisor to company negotiators in several negotiations of collective bargaining agreements in industries such as manufacturing, utilities, automotive, distribution, chemical and aviation. For example, since 1995 has conducted negotiations on behalf of Volvo for all labor union contracts throughout the United States
· 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; these transactions have 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 some 23 workplace fatality cases; as part of a Firm multi-disciplinary catastrophe response team, has provided immediate response at workplace accident scenes, and coordinated interactions with federal and state agencies and local police and fire authorities
News, Publications & Presentations
· Co-author, "Federal Court Strikes Down New NLRB Election Rule," Day Pitney Alert, May 15, 2012
· Co-author, "National Labor Relations Board Indefinitely Postpones Posting Requirement," Day Pitney Alert, April 19, 2012
· Co-author, "Arbitration Agreements Prohibiting Class Actions in All Forums Ruled Unenforceable," Day Pitney Alert, January 17, 2012
· Co-author, "NLRB Postpones Employee-Rights Notice-Posting Requirement," Day Pitney Alert, January 5, 2012
· Co-author, "Two Important Developments From the New Jersey Department of Labor," Day Pitney Alert, December 6, 2011
· Co-author, "NLRB Delays Employee Rights Notice Posting Requirement," Day Pitney Alert, October 6, 2011
· Featured, "Seventy-two Day Pitney Lawyers Named to Best Lawyers List for 2012," Day Pitney Press Release, October 4, 2011
· Co-author, "National Labor Relations Board Issues Final Posting Rule," Day Pitney Alert, August 29, 2011
· Co-author, "NLRB's Proposed Rules Would Speed Up Union Election Process," Day Pitney Alert, July 11, 2011
· Speaker, "Annual Labor and Employment Conference," Day Pitney Seminar, New York, NY, June 15, 2011
· Featured, "Chambers USA 2011 Names 45 Day Pitney Attorneys as 'Leading Lawyers for Business'," Day Pitney Press Release, June 10, 2011
· Speaker, "Annual Labor and Employment Conference," Day Pitney Seminar, Parsippany, NJ, June 8, 2011
· Speaker, "Annual Labor and Employment Conference," Day Pitney Seminar, Hartford, CT, June 1, 2011
· Co-author, "DOL's Final Rule Will Impact Employers That Use Fluctuating Workweek or Tip Credit," Day Pitney Alert, April 19, 2011
· Featured, "Thirty-three Day Pitney Attorneys Named New Jersey Super Lawyers," Day Pitney Press Release, March 31, 2011
· Speaker, "The Potential Toxicity of Nanomaterials: Best Practices and What You Should Be Doing Now," Chemistry Council of New Jersey Health & Safety Committee Meeting, December 7, 2010
· Featured, "Seventy-six Day Pitney Lawyers Named to Best Lawyers for 2011," Day Pitney Press Release, August 9, 2010
· Featured, "Chambers USA 2010 Names 40 Day Pitney Partners as 'Leading Lawyers for Business,'" Day Pitney Press Release, June 11, 2010
· Co-author, "Executive Order Requires Federal Contractors to Notify Employees of Labor Law Rights," Day Pitney Alert, June 1, 2010
· Speaker, "Why Thinking Big About Small Things is Important: How Engineered Nanomaterials May Present Health & Safety Risks in Your Workplace & How to Prepare Your Business," Day Pitney Webinar, December 9, 2009
· Featured, "Seventy-seven Day Pitney Partners Named to Best Lawyers 2010," Day Pitney Press Release, July 30, 2009
· Featured, "Day Pitney Partners Named 'Leading Lawyers for Business' by Chambers USA 2009," Day Pitney Press Release, June 16, 2009
· Speaker, "Annual Labor and Employment Conference," Day Pitney Seminar, Florham Park, NJ, May 20, 2009
· Topic Author to Volz and Goggin. Cumulative Supplements (from 1989-2006) to How Arbitration Works (BNA)
· Co-author, How to Avoid Legal Pitfalls in Hiring and Firing in New Jersey (Smith Publishers)
· Co-editor, New Jersey Employment Law Letter (published monthly by M. Lee Smith Publishers)
· Co-author, "Employee 'Free Choice' Act Introduced in Congress," Day Pitney Alert, March 19, 2009
· Speaker, "The Employee Free Choice Act - What Employers Need to Know Now," Day Pitney Webinar, January 29, 2009
· Speaker, "The Employee Free Choice Act - What Employers Need to Know Now," Day Pitney Webinar, December 15, 2008
· Featured, "75 Day Pitney Partners Named Among The Best Lawyers in America® 2009 Ranked #1 in New Jersey and #2 in Connecticut," Day Pitney Press Release, December 11, 2008
· Speaker, "Managing a Workforce in Uncertain Times," Day Pitney Seminar, November 6, 2008
· Co-author, "New York Enacts A State WARN Act," Day Pitney Alert, September 17, 2008
· Featured, "Chambers USA 2008 Ranks 39 Day Pitney Attorneys as Leaders in Their Fields," Day Pitney Press Release, July 22, 2008
· Co-author, "Deadline For Many Employers To File Their Form LM-10 Is Approaching," Day Pitney Alert, February 21, 2008
· Co-author, "NLRB Rules That Employers Can Restrict Union Solicitation By E-mail," Day Pitney Alert, January 7, 2008
· Co-author, "The State of New Jersey Enacts a State WARN Act Counterpart," Day Pitney Alert, December 28, 2007
· Co-author, "New Jersey Governor Enacts Law to Protect Employees in the Construction Industry," Day Pitney Alert, July 24, 2007
· Interviewed, "A Traditional Labor Practice Approaches The Future With Confidence," The Metropolitan Corporate Counsel, April 2007
Professional Affiliations
· American Bar Association, Labor Law Section (NLRA, Alternative Dispute Resolution and OSHA Committees)
· New Jersey State Bar Association, Labor and Utility Law Sections
· Essex County Bar Association, Labor and Employment Law Committee, former chairperson
Outside Interests
· 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
Awards and Achievements
· Chosen for inclusion in The Best Lawyers in America, Labor and Employment Law, 2006-2012
· Chosen for inclusion in the Chambers USA Legal Directory as a leading labor and employment attorney in New Jersey, 2009-2011
· Recognized as a New Jersey Super Lawyer in the area of labor and employment, 2010-2011