Vince M. Avery

Partner

Vince Avery is a partner in Coffey Modica O’Meara Capowski’s New York offices. An employment attorney for over a decade, Vince defends employers across all industry sectors, focusing on two highly regulated industries ripe for litigation — hospitality and home healthcare — in state and federal court. He also provides advice and counsel, working closely with in-house counsel and business owners to mitigate litigation.  

Overview

Vince represents employers in individual and class-based wage and hour claims under FLSA, New York Labor Law, New York Hospitality Wage Order, and New Jersey Wage and Hour Law, and single and multi-plaintiff discrimination and retaliation claims asserted under employment statutes. He also regularly represents employers in alternative dispute resolution proceedings such as arbitration and mediation, and administrative proceedings before the DOL, EEOC, New York State Division of Human Rights
and New Jersey Division on Civil Rights.

Employers rely on Vince’s aggressive approach to litigation. He has successfully defended clients in two dozen collective actions and prevailed in 10 trials. He is known for defeating class action certification of wage and hour cases at each stage, even early on during the conditional certification stage, which saves his clients the cost and emotional toll of litigation. Home healthcare companies also rely on his experience for matters specific to their industry, such as wage parity matters.

He routinely provides preventive advice and counsel to his clients to help them avoid litigation in wage and hour issues such as overtime pay, minimum wage issues, prevailing wage concerns, tip credit and service charge issues, payroll practices, and employee classification disputes, in addition to advising them on general employment matters related to discipline and termination, harassment training, internal investigations, and leave related issues arising under the FMLA, ADA, and state and local statutes.

His traditional labor experience is also extensive as he has handled collective bargaining, union elections, union-employer relations for clients, grievance arbitrations, and has represented companies in claims asserted before the NLRB.

Admissions

  • New York
  • New Jersey
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the District of New Jersey

Education

  • Seton Hall University School of Law, J.D.
  • Northeastern University, B.A.

Awards & Achievements

  • Selected for inclusion in New York Metro Super Lawyers Rising Stars, Employment