Constangy, Brooks, Smith & Prophete, LLP

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
| Civil Procedure, Labor & Employment Law

Too Many RULES, Man!

“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards…more
| Labor & Employment Law

Is Sexual Harassment Training A Turn-Off For Men?

A semi-recent article in the New York Post — “The Corporate ‘Cure’ for Sexual Harassment Only Feeds the Disease” — cited a couple of studies that allegedly proved that sexual harassment training is worse than doing nothing…more
| Labor & Employment Law

DOL Issues New Regulation Regarding White Collar Exemptions That Would More Than Double Salary Threshold and Require Automatic Increases Every Three Years

On May 18, 2016, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Final Rule regarding changes to the regulations governing who is an executive, administrative, professional, or…more
| Labor & Employment Law

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
| Labor & Employment Law

Your Overtime Rule News Portal For Today

Vice President Joe Biden is expected to announce the official release of the U.S. Department of Labor’s new overtime rule this afternoon in an appearance at Jeni’s Splendid Ice Cream in Columbus, Ohio. I’ll post the rule, which…more
| Labor & Employment Law

Wellness Programs, and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act: The final chapter

On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to requests…more
| Labor & Employment Law, Health

EEOC issues final rules on wellness programs and ADA, GINA

The U.S. Equal Employment Opportunity Commission released today its final rules governing wellness programs and how wellness incentives mesh with the restrictions in the Americans with Disabilities Act and the Genetic…more
| Health, Labor & Employment Law

California’s Fair Pay Act: Gender Equity Beyond Compare

Starting in January, California has rolled out Equal Pay Legislation 2.0—the new generation in equal pay legislation. It has become the first jurisdiction to adopt a true “comparable worth” standard for pay equity…more
| Civil Rights, Labor & Employment Law

OSHA Rule Requires Public Reporting of Injuries by Employers, Bans "Unreasonable" Requirements for Employees to Report

On Wednesday, the Occupational Safety and Health Administration amended its occupational injury and illness recordkeeping rules to require larger establishments with at least 250 employees at any time during the previous…more
| Labor & Employment Law

Legal, Or Illegal? Employee Leaves Of Absence And The ADA

The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable,…more
| Labor & Employment Law

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
| Labor & Employment Law, Intellectual Property

White House Calls For Non-Compete Reform

Last Thursday, the White House issued a report titled “Non-Compete Agreements: Analysis of the Usage, Potential Issues, and State Responses” and an accompanying blog post. Relying heavily on a report earlier this year from the…more
| Intellectual Property, Labor & Employment Law

Tit For Tat: Feds Sue North Carolina Over HB 2

Attached is a copy of the U.S. Department of Justice lawsuit filed yesterday afternoon against the State of North Carolina. The McCrory (North Carolina) v. USA lawsuit is pending in federal court in the Eastern District of North…more
| Civil Procedure, Civil Rights, Labor & Employment Law

BREAKING: North Carolina Sues USDOJ Over Bathroom Law

Law360 reported this morning that the State of North Carolina has filed suit against the U.S. Department of Justice in federal court in Raleigh. The suit seeks a declaratory judgment (official ruling from the court) that, by…more
| Civil Procedure, Civil Rights, Labor & Employment Law
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230 Peachtree Street, N.W.
Suite 2400
Atlanta, Georgia 30303-1557, United States

  • 404.525.8622
  • 404.525.6955

Areas of Practice
  • Class Action
  • Government
  • Immigration Law
  • Labor & Employment Law
  • Worker’s Compensation
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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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