Constangy, Brooks, Smith & Prophete, LLP

Double Whammy For Employer Who Won’t Accommodate Pregnancy — But Will The EEOC’s Case Survive?

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and…more
| Civil Rights, Labor & Employment Law

Shrink Says Sports Columnist May Not Recover From Depression

Mr. Simers is suing the Times for age and disability discrimination in connection with his demotion. He resigned from the Times in October 2013, wrote for the Orange County Register for about another year, and then took a…more
| Civil Rights, Labor & Employment Law

EEOC Wins Most Of Discovery Dispute In Transgender Case

In July, I posted about a discovery dispute in the transgender lawsuit going on in the Detroit area. The Equal Employment Opportunity Commission has sued a funeral home for discriminating against Aimee Stephens, a transgender…more
| Civil Procedure, Civil Rights, Labor & Employment Law

It’s The World Series Of Discrimination Trials! Catch It!

T.J. Simers, a notorious well-known former sports columnist for the Los Angeles Times, has sued the owners of the Times, contending that he was let go in 2013 because of his age (then in his early 60s, now 65) and because of his…more
| Art, Entertainment, & Sports Law, Civil Rights, Communications & Media Law, Labor & Employment Law

Can You Terminate An Employee For Acting In Self-Defense? Maybe Not.

The case, Ray v. Wal-Mart Stores, involved two incidents at two different Utah Wal-Mart stores and five former employees. Under Wal-Mart policy, employees are required to “disengage” from an individual with a weapon or who…more
| Conflict of Laws, Constitutional Law, Labor & Employment Law

UNDER THE BUS: Feds’ New Focus On Individual Wrongdoers Has Implications For Employers

The U.S. Department of Justice has recently issued a memorandum entitled “Individual Accountability for Corporate Wrongdoing.” According to the Memorandum, companies involved in federal criminal and civil investigations will…more
| Commercial Law & Contracts, Criminal Law, Labor & Employment Law

Minimum Wage for Federal Contractors set to Increase

President Obama's Executive Order requiring certain federal contractors and subcontractors to pay an increased hourly minimum wage includes a mandate that the Secretary of Labor determine increases to the wage rate on an annual…more
| Government Contracting, Labor & Employment Law

What’s Your Two Cents? Employment Law In The News

I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news before…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law

NLRB Begins Accepting "Electronic Signatures" for Election Petitions

On September 1, 2015, the National Labor Relations Board General Counsel, Richard F. Griffin, Jr., issued Memorandum GC 15-08, "Guidance Memorandum on Electronic Signatures to Support a Showing of Interest." In the memorandum,…more
| Commercial Law & Contracts, Labor & Employment Law, Science, Computers, & Technology

OFCCP Issues Regulations on "Pay Transparency"

Today the U.S. Office of Federal Contract Compliance Programs issued its Final Rule implementing Executive Order 13665, which prohibits federal contractors from discriminating against employees and applicants who ask about or…more
| Government Contracting, Labor & Employment Law

When Terminating An Employee, Is A Clean Break Better Than A Long Limbo?

If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid firing…more
| Labor & Employment Law

And A Happy #$%!&;!*! New Year To You, Too!

In the course of arranging for an on-site inspection related to a worker injury lawsuit, Attorney Bailey (counsel for the defendant) wrote a letter to opposing counsel, Attorney Dinhofer, confirming that the on-site would take…more
| Personal Injury

Obama Orders Paid Sick Leave for Employees of Some Federal Contractors

On Labor Day, President Obama signed another Executive Order aimed at federal contractors. This time, certain federal contractors will be required to provide up to seven days of paid sick leave annually to their employees. These…more
| Labor & Employment Law, Government Contracting

Holy Legal Fees, Batman!

The Equal Employment Opportunity Commission has been ordered to pay $938,771 in attorneys’ fees to Freeman after getting its clock cleaned in that lawsuit it filed over background checks and disparate impact based on race and…more
| Labor & Employment Law

Technology Blunder Lands Ex-Employee In Court

The Winston-Salem Journal (my hometown paper – yay!) reports that a company is suing a former employee in the North Carolina Business Court for breach of his confidentiality and non-compete agreements.* *The article ran…more
| Labor & Employment Law, Privacy, Business Torts
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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
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Number of Attorneys

100+ Attorneys

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