Brett R. Gallaway is a partner in the litigation department and Chair of McLaughlin and Stern’s Litigation, Class Action, Hospitality, and Art Law Practices. He specializes in employment and general commercial litigation with a concentration on complex class action lawsuits as well as individualized employment and sexual harassment/assault claims. When your personal or professional reputation and livelihood is on the line, he is the first call you make.   

Mr. Gallaway is widely known and respected as an elite problem-solver who is dedicated to defending his clients’ integrity, reputations, and careers. With premier clients across an array of industries and sectors including well-known athletes, entertainers and other high-net-worth/high-profile individuals, Mr. Gallaway has become a go-to “fixer” for those looking to firmly protect their futures. 

As a foundation, Mr. Gallaway has a detailed working knowledge of federal and state labor laws and has successfully litigated and negotiated hundreds of employment claims including breach of contract, wage and hour, employment discrimination and wrongful termination, WARN Act violations, NLRB actions, executive compensation, severance negotiation, and numerous other labor issues and disputes.

In addition to employment litigation, Mr. Gallaway also routinely assists clients with prosecution and defense of individual sexual harassment/assault claims, corporate, real estate and transactional matters, and has significant federal and state court trial experience in connection with such actions.

He also represents clients in all facets of the restaurant and hospitality industry from, business organization and structuring, to protective strategies and litigation defense.

While many clients hire Mr. Gallaway for the cases you don’t hear about, he has an excellent track record of obtaining multi-million-dollar settlements, awards, and trial verdicts. Some of Mr. Gallaway’s representative cases include: 

• Frlekin v. Apple Inc., Index No. 13-cv-3451 (N.D. Cal.) (appointed as class counsel and secured a $30.5 Million settlement against a Fortune 500 Silicon Valley Technology Company in a class action on behalf of approximately 15,000 employees who went through security checks.); 
• Ramirez v. Riverbay Corp., Index No.: 13-cv-2367 (S.D.N.Y.) (appointed co-lead counsel and obtained a $6.25 million settlement as counsel for over 1,700 employees at a cooperative housing development who were allegedly not compensated for work performed before and after scheduled shifts and wrongfully paid compensatory time rather than overtime cash payments);
• Civil et al. v Starrett City, Inc., et al., Index No. 18-cv-2256 (E.D.N.Y) (appointed lead counsel and obtained a $4.75 million settlement as counsel for over 950 employees at a cooperative housing development who were allegedly not compensated for work performed before and after scheduled shifts);
• Morales v Rochdale Village, Inc. et al., Index No. 15-cv-502 (E.D.N.Y) (appointed lead counsel and obtained a $2.65 million settlement as counsel for over 1,500 employees at a cooperative housing development who were allegedly not compensated for work performed before and after scheduled shifts);
• Siewharack v. Queens Long Island Medical Group, P.C., Index No.: 11-cv-3603 (E.D.N.Y.) (appointed Co-lead counsel and obtained $2.45 million settlement for employees of medical company who were allegedly not compensated for time worked);
• Marshall v. Deutsche Post.  DHL Express (USA) Inc., Index No.: 13-cv-1471 (S.D.N.Y.) (appointed lead counsel and obtained a $1.5 million settlement as class counsel in a wage and hour class action on behalf of DHL clearance agents in New York, California and Florida); 
• Peebles v Concourse Village, Inc., et al., Index No. 20-cv-6940 (S.D.N.Y) (obtained a $1.15 million settlement as counsel for over 110 employees at a cooperative housing development who were allegedly not compensated for work performed before and after scheduled shifts);
• Griffin v Endicott Coil Company, Inc. 22-cv-01128 (N.D.N.Y) (obtained a $1.05 million settlement as counsel for 140 employees who were allegedly not properly compensated for work performed before and after scheduled shifts and during meal breaks); and
• Preldakaj v The Monarch Condominium, et al., Index No. 20-cv-9433 (S.D.N.Y.) (obtained a $912,500 settlement as counsel for 35 employees at a high-end Upper East Side condominium who were allegedly not compensated for work performed before and after scheduled shifts)

Mr. Gallaway is regularly cited in the press and legal publications for his innovative litigation efforts and practices, and has been recognized since 2015 in New York’s “Super Lawyers” which is a competitive selection of the top 2.5 percent of attorneys in each state, as chosen by their peers and through independent research.

He received his Bachelor of Science degree magna cum laude from New York University and his J.D. from Tulane Law School. Mr. Gallaway is a native of New York City, and currently lives in Brooklyn with his wife and son. In addition to all things New York, he is an avid outdoorsman, enjoying fishing, hunting, and other sport.