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Gianfranco J. Cuadra

Associate

Gianfranco J. Cuadra

Gianfranco J. Cuadra is an associate attorney at Pechman Law Group PLLC who represents and advises employers and employees in all aspects of workplace law.

Mr. Cuadra represents employees in all stages of wage-and-hour disputes, including prevailing wage matters, before state and federal courts.  He also represents employees in negotiating employment, termination, and restrictive covenant agreements.  In addition, Mr. Cuadra represents employees in breach of contract, retaliation, wrongful discharge, harassment, and discrimination disputes before federal and state courts and administrative agencies.  

Mr. Cuadra represents employers in wage-and-hour and discrimination disputes before state and federal courts and governmental agencies.  He counsels employers regarding compliance with leave and anti-discrimination laws, the Wage Theft Prevention Act, the WARN Act, and various wage-and-hour issues, including the proper classification of employees under the Fair Labor Standards Act and related state laws.  On behalf of management, Mr. Cuadra has conducted numerous internal investigations arising out of allegations of discrimination, harassment, insubordination, and other employee relations issues.

Mr. Cuadra has significant experience representing and counseling employees and employers in the hospitality, building services, construction, courier, and manufacturing industries.  His representations include:

• A $1.25 million settlement on behalf of eighteen warehouse employees in an unpaid overtime wages action against an electronics distributor;

• A $625,000 settlement on behalf of twelve servers in a collective action for stolen tips and unpaid minimum and overtime wages against a famous New York restaurant;

• Complete victory following a bench trial on behalf of an employee on all of his claims for unpaid minimum and overtime wages, Espinosa v. Abraham Refrigeration Corp., No. 18 Civ. 8855 (S.D.N.Y. July 1, 2019);

• Litigation of numerous wage-and-hour disputes ranging from single employee to hybrid class and collective actions with hundreds of class members involving diverse claims, such as unpaid overtime and minimum wages, unpaid spread-of-hours pay, tip theft, time shaving, unlawful deductions, withheld commissions, unlawfully retained service charges, unpaid prevailing wages, and Wage Theft Prevention Act violations;

• Defense of a nationwide package delivery Fortune 500 company in state and federal courts concerning claims for unpaid wages and independent contractor misclassification;

• Defense of a financial recruiting company and its principals in discrimination and breach of contract claims;

• Defense of a shoe manufacturer before the Massachusetts Commission Against Discrimination, resulting in dismissal of all of the employee’s claims;

• Defense and counseling of executives in breach of restrictive covenants matters and settlement negotiations; and

• Negotiation of non-disclosure, non-competition, severance, employment, and compensation agreements on behalf of executives and management.

Prior to joining Pechman Law Group PLLC, Mr. Cuadra worked as an associate attorney at Winston & Strawn LLP, representing clients in complex commercial disputes involving issues of defamation, breach of contract, securities, antitrust, and labor and employment laws.


Areas of practice
Bar admissions

Bar Admissions and Memberships

  • New York State
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Western District of New York
  • New York City Bar Association, Labor & Employment Law Committee
education

Hofstra University School of Law

J.D., magna cum laude

Research Editor, Hofstra Law Review

Member, National Order of Scribes for outstanding legal writing 

Binghamton University, State University of New York

B.A., summa cum laude, in history, philosophy, and comparative literature (triple major)

Published Works

Speaking Engagements/Publications

·      Faculty Panelist in New York City Bar CLE program Employment During a Pandemic: COVID-19 and the Major Issues Affecting New York Workplace, May 2020

·      Faculty Panelist in New York City Bar CLE program FLSA Math: How to Calculate Wage-Related Damages, 2017 to 2019

·      Faculty Panelist in FLSA Mediator Training Program hosted by the U.S. District Court, Southern District of New York, November 2018

Languages
  • Spanish and French – Fluent
  • Italian – working knowledge
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