Constangy, Brooks & Smith, LLP

230 Peachtree Street, N.W. Suite 2400
Atlanta, Georgia 30303-1557, United States

  • 404.525.8622
  • 404.525.6955

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

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The Attack On Franchising: An Analysis

General Counsel for the National Labor Relations Board and former General Counsel for the International Union of Operating Engineers, has decided to assert that McDonald's Corporation and its franchisees are "joint employers."…more

Barack Obama, Employer Liability Issues, Franchises, Franchisors, Joint Employers

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OFCCP Announces Another Proposed Rule: No More Pay Secrecy!

The Office of Federal Contract Compliance Programs announced that it will publish its Notice of Proposed Rulemaking on "pay transparency" in tomorrow's Federal Register and provided a link to the pre-publication version on its…more

Barack Obama, Employer Liability Issues, Executive Orders, Federal Contractors, OFCCP

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Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

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Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

See All Updates »

Yes, employers, you can win a transgender discrimination suit

A recent decision from a federal court in Georgia provides an excellent illustration about how employers can win summary judgment (dismissal before a jury trial) even in cases as sensitive as those alleging discrimination based…more

Discrimination, Employer Liability Issues, Gender Identity, Transgender

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Have Employees In California? Be Sure You Know The New Rules On Personnel File Requests, Effective 1/1/13

California rings in the new year with a change in law for employers dealing with requests for personnel files from employees and former employees. Under current law, employers generally must give employees (and apparently former…more

Personnel Records

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The Monsters of the Digital Age

Like the beasts of Tolkien’s imagination, digital trolls skulk around the internet shrouded in anonymity, unprovoked yet fiercely attacking the unwary. These trolls are individuals who use anonymous screen names to post…more

Corporate Counsel, Cyberbullying, Harassment, Legal Perspectives, Social Media

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Reminder: Fair Credit Reporting Act Compliance and Reporting Changes Effective January 1, 2013

The federal Fair Credit Reporting Act was enacted in 1971 to regulate the consumer credit reporting industry. Employers that use and request consumer background checks from consumer reporting agencies are automatically subject…more

Background Checks, Credit Reports, Criminal Background Checks, FCRA, Notice Requirements

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Massachusetts Enacts Domestic Violence Leave Law

Massachusetts employers of 50 or more employees must permit employees to take up to 15 days of domestic violence leave in any 12-month period. Employees who are victims of abusive behavior, or whose family members are victims of…more

Domestic Violence, Employee Rights, New Legislation, Unpaid Leave

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DOL Issues Proposed Rule On New Minimum Wage For Some Federal Contractors

Today the U.S. Department of Labor issued its Notice of Proposed Rulemaking to implement the new minimum wage for certain federal contractors based on the Executive Order that President Obama signed on February 12. The Notice…more

Barack Obama, Davis-Bacon Act, DOL, Enforcement, Executive Orders

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Wellness Program Changes for 2014

There has been a deluge of new federal regulations related to health care reform since the presidential election, and wellness programs have been no exception. The IRS, U.S. Department of Labor, and the U.S. Department of Health…more

Affordable Care Act, Employer Group Health Plans, Healthcare, Wellness Programs

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OSHA Agrees To Refer Untimely Whistleblowers to the NLRB

Thanks to a recent agreement between the Occupational Safety and Health Administration and the National Labor Relations Board, safety whistleblowers won't necessarily be defeated by untimely complaints. The agencies have agreed…more

NLRA, NLRB, OSHA, Whistleblowers

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Massachusetts High Court Provides Helpful Guidance to Employers Regarding Damages and Releases Under Wage Act

On December 17, 2012, the Massachusetts Supreme Judicial Court issued a wide-ranging opinion that clarifies the limitations on damages that employees can seek under G.L. c. 149, §§ 148 and 150 ("Wage Act") when an employee…more

Independent Contractors, Misclassification, Over-Time, Statute of Limitations, Tolling

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Executive Labor Summary - July/August 2014

NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented…more

Bargaining Units, Civil Rights Act, Drug Testing, Employee Rights, Macy's

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OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

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Massachusetts Enacts Domestic Violence Leave Law

Massachusetts employers of 50 or more employees must permit employees to take up to 15 days of domestic violence leave in any 12-month period. Employees who are victims of abusive behavior, or whose family members are victims of…more

Domestic Violence, Employee Rights, New Legislation, Unpaid Leave

See All Updates »

Massachusetts High Court Provides Helpful Guidance to Employers Regarding Damages and Releases Under Wage Act

On December 17, 2012, the Massachusetts Supreme Judicial Court issued a wide-ranging opinion that clarifies the limitations on damages that employees can seek under G.L. c. 149, §§ 148 and 150 ("Wage Act") when an employee…more

Independent Contractors, Misclassification, Over-Time, Statute of Limitations, Tolling

See All Updates »

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

See All Updates »

BREAKING: EEOC files first transgender suits against private employers

Bloomberg BNA reports this afternoon that the Equal Employment Opportunity Commission filed two transgender discrimination lawsuits yesterday, the agency’s first ever against private-sector employers. One is against a Michigan…more

Discrimination, EEOC, Employer Liability Issues, Enforcement Actions, Funeral Homes

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OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

See All Updates »

OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

See All Updates »

NLRB is Poised to Find "Joint Employer" Relationships Just About Everywhere

As we have previously reported, on July 29, Richard Griffin, General Counsel of the National Labor Relations Board, announced his intention to charge McDonald's USA, LLC, as a "joint employer" with its franchisees in a series of…more

Employer Liability Issues, Franchises, Joint Employers, McDonalds, NLRB

See All Updates »

OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

See All Updates »

OSHA Announces New Injury and Illness Reporting Requirements and Recordkeeping Exemptions

On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule containing two amendments to the Agency's injury and illness recordkeeping and reporting regulations that will go into effect…more

Bodily Injury, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

See All Updates »

Retailer - Fall 2014

Counting the Cost of Payroll Cards: Are they Worth it for Employers? Retailers, as well as other employers, have grown to rely on payroll cards to compensate employees who may not have bank accounts. What are the legal risks of…more

ADA, Criminal Background Checks, Cybersecurity, Disability, EEOC

See All Updates »

Areas of Practice
  • Class Action
  • Government
  • Immigration Law
  • Labor & Employment Law
  • Worker’s Compensation
Locations
Other U.S. Locations
  • Alabama
  • California
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Kansas
  • Massachusetts
  • Missouri
  • New Jersey
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
Number of Attorneys

100+ Attorneys

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