Constangy, Brooks, Smith & Prophete, LLP

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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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

Donald Trump, EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT

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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

Donald Trump, EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT

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Less Than A Month To Go! Are You Ready For The FLSA Overtime Rule?

The holiday season is almost upon us, and with it comes one of the largest “gifts” the U.S. Department of Labor has ever provided – the new Final Rule on overtime exemptions, which will, in all likelihood, take effect as…more

DOL, Exempt-Employees, FLSA, Non-Exempt Employees, Over-Time

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Employers Can Breathe A Sigh Of Relief Come December 1: Court Strikes Down Overtime Rule

The new regulations that would have more than doubled the salary threshold for Administrative, Executive, and Professional exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act – due to take…more

DOL, FLSA, Minimum Salary, Over-Time, Preliminary Injunctions

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DOL’s New Online Tool May Result In More OFCCP Complaints

The U.S. Department of Labor recently rolled out www.worker.gov, an online tool designed to help employees file various types of complaints against their employers. The White House announced that the website will assist…more

DOL, Federal Contractors, OFCCP, Wage and Hour

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New Jersey “Marital Status” Protection Applies to All Types of Marital Status, State Supreme Court Says

The New Jersey Supreme Court has unanimously ruled that the New Jersey Law Against Discrimination includes protection for separated, divorcing and divorced employees. The LAD prohibits discrimination based on, among other…more

Divorce, Family Status Discrimination, Marital Status, Wrongful Termination

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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 2016

NEWS & ANALYSIS - Don’t let a “crowd crush” ruin the holiday retail season for your brick-and-mortar employees - As more consumers move to shopping online, retailers expect to lose some in-person traffic at stores this…more

Black Friday, Employer Liability Issues, Holidays, OSHA, Retailers

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BREAKING: FMCSA Announces National Drug And Alcohol Testing Clearinghouse For Commercial Truck, Bus Drivers

The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of…more

Commercial Truck Drivers, Drug Testing, FMCSA, Screening Procedures, Trucking Industry

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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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What To Make Of The Wage And Hour Division's Voluntary Compliance Agreement With The Subway Franchise System

On July 26, the U.S. Department of Labor’s Wage and Hour Division entered into a “Voluntary Agreement” with the franchisor of the Subway brand, known as Doctor’s Associates, Inc., and its affiliates. The agreement reads…more

Corporate Counsel, DOL, FLSA, Franchisee, Joint Employers

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It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See All Updates »

Court Upholds Conviction Of Ex-Employee For Conspiring To Access Company Data Through “Shared” Password

Is password sharing a crime? It can be under the right circumstances, according to last week’s decision in United States v. Nosal. In Nosal, the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of a former…more

Computer Fraud and Abuse Act (CFAA), Confidential Information, Confidentiality Agreements, Corporate Counsel, Defend Trade Secrets Act (DTSA)

See All Updates »

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

ADA, Affordable Care Act, EEOC, GINA, HIPAA

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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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New Years’ Resolution: Comply with the “Smarter” Version of Form I-9

As an early holiday present, the U.S. Citizenship and Immigration Service has rolled out the newer and “smarter” version of Form I-9. Although the grand reveal did not elicit as much excitement as Apple’s iPhone 7, the new…more

Eligibility, Hiring & Firing, I-9, USCIS, Verification Requirements

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Fast Food Employers In The Empire State: 10 Wage-And-Hour Issues On The Horizon

Employers across New York State will be ringing in the new year with wage increases — particularly those in the hospitality industry, who face additional increases for qualifying "fast food" workers. This update summarizes the…more

Fast-Food Industry, Hospitality Industry, Minimum Wage, Wage and Hour

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What’s The World Coming To? Federal OT Rule Is More Employee-Friendly Than California Law!

Well, not exactly. But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant. Another one happened today: the FLSA has become more…more

DOL, Exempt-Employees, FLSA, Minimum Salary, Over-Time

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Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use…more

Civil Rights Act, EEOC, Gender Identity, Title VII, Transgender

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STEM OPT Extension Will Increase To 24 Months, But Imposes New Obligations On Employers

On March 11, the U.S. Department of Homeland Security published a new rule reauthorizing Optional Practical Training for F-1 nonimmigrant students with qualifying degrees in science, technology, engineering or mathematics (STEM)…more

DHS, E-Verify, Foreign Students, Form F-1, OPT

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There’s a new Sheriff in town: The politics and pitfalls of patronage dismissals (Part 2 of 2)

In last week’s installment, I provided an introduction to the issue of patronage dismissals in the public sector, and a discussion of the Supreme Court’s Elrod (1976) and Branti (1980) decisions. In this installment, I’ll talk…more

Adverse Employment Action, First Amendment, Political Campaigns, Public Employees

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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

Donald Trump, EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT

See All Updates »

H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016…more

Employment Authorization Documents (EAD), Foreign Workers, H-1B, USCIS, Work Visas

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The Massachusetts Wage Act: A New Incentive for Employers to Pay Up

Since July 2008, Massachusetts employers have been subject to automatic treble damages (that is, three times the amount of any award) for violations of the Massachusetts Wage Act, M.G.L. c. 149, §§ 148-150. Nearly seven years…more

Labor Law Violations, PTO, Termination, Treble Damages, Wage Act

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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

Donald Trump, EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT

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Criticism Of OFCCP Won’t Give Contractors Any Satisfaction

According to a study recently published by the U.S. Government Accountability Office, there are indications that the Office of Federal Contract Compliance Programs is not effective in stopping discrimination. But before…more

Affirmative Action, Federal Contractors, GAO, OFCCP

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The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness…more

ADA, Affordable Care Act, EEOC, GINA, HIPAA

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Guidance for employers on the Zika virus

Within the past few days, the Centers for Disease Control and Prevention have confirmed the transmission of the Zika virus by mosquitoes to individuals in Miami-Dade and Broward counties in Florida. Before this confirmation, the…more

ADA, Business Travel, CDC, OSHA, Popular

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Proposed Overtime Rule Would More Than Double Salary Threshold For Exempt Employees, With Automatic Yearly Increases

On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee…more

DOL, Exempt-Employees, FLSA, Multi-Factor Test, Proposed Regulation

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Supreme Court’s Constructive Discharge Decision Makes Sense for Employers and Employees

Monday’s Supreme Court decision in Green v. Brennan, holding that the time for an employee to bring a constructive discharge claim begins running from the date that resignation is tendered, will probably make timeliness…more

Constructive Discharge, Green v Brennan, Hiring & Firing, Popular, Race Discrimination

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An Open Love Letter to Justice Clarence Thomas

I admit it. I have a crush on Justice Thomas. Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing…more

Attorney's Fees, EEOC, EEOC v CRST Van Expedited, Prevailing Party, SCOTUS

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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

Donald Trump, EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT

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Trojan Horse In The 2015 Budget Agreement: OSHA Can (And Undoubtedly Will) Raise Penalties By 82 Percent

Wow! How did this happen? Buried in the fine print of the recent budget agreement between Congress and the White House, and seemingly slipped in at the last minute with no one claiming responsibility for the change, the…more

Employer Liability Issues, Enforcement, OSHA, Penalties, Statutory Penalties

See All Updates »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

Donald Trump, EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT

See All Updates »

Massachusetts Beefs Up Its Pay Equity Law

Yesterday Massachusetts Gov. Charlie Baker (R) signed into law amendments to the Massachusetts Equal Pay Act, M.G.L. c. 149, s. 105A, which were passed by unanimous votes in the state House and Senate. Although Massachusetts has…more

Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination, NLRA, Wage and Hour

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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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Tech Company Sued For Alleged Hiring Bias Against Asians, OFCCP’s Shiu To Step Down

Being part of the “in” crowd with the FBI apparently does not protect you from the Office of Federal Contract Compliance Programs. To the contrary: It was an FBI contract that subjected a California-based technology company…more

Affirmative Action, Discrimination, Federal Contractors, Hiring & Firing, OFCCP

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Call the Doctor! Paid sick leave is on the way for (many) federal contractors

The date for the U.S. Secretary of Labor to issue regulations establishing paid sick leave for covered employees of certain federal contractors is fast approaching. By way of background, on September 7, 2015, President…more

Barack Obama, Davis-Bacon Act, DOL, Executive Orders, Federal Contractors

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Federal Judge Issues Permanent Injunction Blocking U.S. DOL’s New “Persuader Rule”

The U.S. Department of Labor’s narrow interpretation of the “advice exemption” of the “Persuader Rule” appears to be no more. Yesterday a federal judge in Lubbock, Texas, issued a permanent injunction prohibiting enforcement of…more

Collective Bargaining, DOL, Donald Trump, LMRDA, Persuader Rules

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Pros and cons of “resign to run” laws for elected officials

During this election season, we thought it would be timely to bring up what are commonly referred to as “resign to run” laws. So-called “resign to run” laws require that before an elected official may run for a different…more

Public Employees, Public Officials, Resignation

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Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

Donald Trump, EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT

See All Updates »

EEOC Follows Through: Comp Data Will Be Required In EEO-1 Reports

The Equal Employment Opportunity Commission announced yesterday that it will require employers with 100 or more employees to include compensation data in their annual EEO-1 reports. Employers will be required to provide this…more

EEO-1, EEOC, Federal Contractors, FOIA, OFCCP

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Better Late Than Never? DOL Sues U.S. Steel Over Injury-Reporting Policy

The U.S. Department of Labor recently filed suit against United States Steel Corporation, alleging that the company's injury-reporting policy violates §11(c) of the Occupational Safety and Health Act. The suit claims that the…more

Corporate Counsel, DOL, Enforcement, OSHA, Popular

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Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use…more

Civil Rights Act, EEOC, Gender Identity, Title VII, Transgender

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Bipartisan CA Paycheck Fairness Bill Aims to Enhance Pay Equality and End Salary Secrecy

Wait. Doesn’t California already have an equal pay law? Well, yes. In fact, California has prohibited wage discrimination on the basis of sex since 1949, long before pay discrimination was prohibited by federal law. However, as…more

Best Management Practices, Employer Liability Issues, Enforcement Authority, Equal Pay, Equal Pay Act

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Court Misses Chance To Clarify Conflict Between Franchise, Employment Law – But Dissent Gets It Right

The U.S. Court of Appeals for the Third Circuit recently dealt a blow to franchisors everywhere in Williams v. Jani-King of Philadelphia, Inc. Granted, the court only affirmed a ruling that the case can be litigated as a class…more

Class Action, Franchisee, Franchises, Franchisors

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The Defend Trade Secrets Act of 2016: A New Federal Claim for Misappropriation

What is Coca-Cola’s secret recipe? How does Thomas’ English Muffins get all those “Nooks & Crannies”® in its muffins? And how does Krispy Kreme make its signature lighter-than-air doughnuts? These are the type of trade secrets…more

Asset Seizure, Confidentiality Agreements, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016…more

Employment Authorization Documents (EAD), Foreign Workers, H-1B, USCIS, Work Visas

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 »

Trump To Nominate Fast Food Exec Andy Puzder As Secretary Of Labor

Sources within President-Elect Donald Trump’s transition team said today that Mr. Trump’s nominee for Secretary of Labor would be Andy Puzder, Chief Executive Officer of CKE Restaurants, Inc., which includes Hardee’s and Carl’s…more

DOL, Minimum Wage, Secretary of Labor, Wage and Hour, White-Collar Exemptions

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OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

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Voluntary Self-ID Isn’t Proof Of Hiring Bias, Shiu’s Acting Replacement Named

Federal contractors, will asking applicants to voluntarily self-identify by race — a request that the Office of Federal Contract Compliance Programs requires you to make — be used against you in a hiring-discrimination…more

Cisco, Federal Contractors, Hiring & Firing, OFCCP, Race Discrimination

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Court Refuses To Block OSHA’s New Anti-Retaliation Rule That Restricts Post-Accident Drug Testing And Safety Incentive Programs

A federal judge in Dallas, Texas, decided Monday that the Occupational Safety and Health Administration could begin enforcing the anti-retaliation provisions of its new “Reasonable Reporting Procedure” rule starting tomorrow…more

Anti-Retaliation Provisions, Drug Testing, Incentives, OSHA, Workplace Injury

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DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On

On October 9, the Wage and Hour Division of the U.S. Department of Labor announced that it would delay enforcement of the 2013 Final Rule regarding the companionship exemption to the minimum wage and overtime requirements of the…more

Companionship Exemptions, DOL, Enforcement, FLSA, Minimum Wage

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Reflecting on the Final Fiduciary Rule - Protection for Retirement Investors

The highly anticipated fiduciary rule intended to provide significant protection for retirement investors was issued on April 6. Although the final rule contains concessions that appease investment professionals, most agree that…more

Employee Benefits, ERISA, Fiduciary Duty, Final Rules, Investment Adviser

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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 »

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will…more

Donald Trump, EEO-1, Fair Pay and Safe Workplaces, Federal Contractors, LGBT

See All Updates »

Post No Bills? Employers Have To Post Plenty!

This year is ending with quite a few changes in various federal workplace posters. To ensure that employers, especially federal contractors, have kept up with the required changes, here is a summary: - Federal 6-in-1…more

Corporate Counsel, Davis-Bacon Act, DOL, Employer Liability Issues, Executive Orders

See All Updates »

OSHA Provides Guidance On Its New “Reasonable Reporting Procedure” Rule

The recent settlement of a whistleblower case brought under Section 11(c) of the Occupational Safety and Health Act has provided the first guidance by OSHA of its expectations under the new §1904.35 “Reasonable Reporting…more

Anti-Retaliation Provisions, DOL, OSHA, Popular, Reporting Requirements

See All Updates »

It’s Official: Temps And Regular Employees Can Be Combined In One Bargaining Unit, NLRB Says

The National Labor Relations Board is again changing the rules for employers, but the outcome is not really a surprise. The NLRB ruled 3-1 in Miller & Anderson, Inc., that unions can combine in a single bargaining unit…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRB, Staffing Agencies

See All Updates »

Deadline To Comment On Pay Transparency Language Is Next Tuesday

Last chance! The deadline to comment on the Interim Rule that adds pay transparency language to government contracts is this coming Tuesday, November 29. On September 30, 2016, the U.S. Department of Defense, General…more

Anti-Retaliation Provisions, Federal Acquisition Regulations (FAR), Federal Contractors, NASA, Pay Transparency

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Court Upholds Conviction Of Ex-Employee For Conspiring To Access Company Data Through “Shared” Password

Is password sharing a crime? It can be under the right circumstances, according to last week’s decision in United States v. Nosal. In Nosal, the U.S. Court of Appeals for the Ninth Circuit upheld the conviction of a former…more

Computer Fraud and Abuse Act (CFAA), Confidential Information, Confidentiality Agreements, Corporate Counsel, Defend Trade Secrets Act (DTSA)

See All Updates »

Employer Groups Try To Block “Fair Pay And Safe Workplaces” Rule. Will They Beat The Deadline?

Many federal contractors are on the verge of having to comply with the Obama administration’s Fair Play and Safe Workplaces Executive Order. The FAR Council’s Final Rule and the U.S. Department of Labor’s Final Guidance (I’ll…more

Disclosure Requirements, DOL, Executive Orders, Fair Pay and Safe Workplaces, Federal Acquisition Regulations (FAR)

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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 »

Contact

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

  • 404.525.8622
  • 404.525.6955

Areas of Practice
  • Class Action
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  • Labor & Employment Law
  • Worker’s Compensation
Locations
Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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