Constangy, Brooks, Smith & Prophete, LLP

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

  • 404.525.8622
  • 404.525.6955

This ‘n’ that from the world of the workplace

Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court cases…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law

New FMLA Rule Will Give Rights To Same-Sex Spouses Based On “Place Of Celebration”

The U.S. Department of Labor announced today its Final Rule changing the definition of “spouse” in the Family and Medical Leave Act to include most same-sex married couples. I blogged about the proposed rule in June, and the…more
| Civil Rights, Constitutional Law, Labor & Employment Law

Should An Employer Fight Unemployment? The Debate Continues . . .

You may remember that I stirred up some contentiousness a few weeks ago when I suggested that employers should not challenge unemployment claims except in the worst cases…more
| Labor & Employment Law

Missouri Appellate Court Strikes Down Another Arbitration Agreement

The Missouri Court of Appeals has struck down an arbitration agreement because it included a common clause requiring the employee to arbitrate all of her claims but did not require the company to arbitrate all of its claims…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

You’ve Exceeded My Expectations, Valentine!

Maybe so, according to Rachel Feintzeig, who wrote in Tuesday’s Wall Street Journal, “Everything Is Awesome! Why You Can’t Tell Employees They’re Doing a Bad Job.” The idea is that many employers are getting away from providing…more
| Labor & Employment Law

Faruqi Sex Harassment Trial: It’s A Wrap!

As you may have seen, the jury in Marchuk v. Faruqi came back yesterday with a verdict for plaintiff Alexandra Marchuk, but it will not allow her to retire, nor will it even pay off her law school student loans…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

Faruqi Sex Harassment Verdict Is In! Marchuk Wins, To An Extent.

Law360 reports this afternoon that the jury returned a verdict for Alexandra Marchuk and against defendants Faruqi & Faruqi, LLP, and partner Juan Monteverde. The jury awarded her $90,000 in actual damages, and punitive damages…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

Feb. 3 At Faruqi Sex Harassment Trial: It’s Up To The Jury Now

In closing arguments, the attorney for the defendants called Ms. Marchuk a “wolf” and said she had made up her allegations to get money. Among other things, he noted that her gynecologist, who she saw only a few days after the…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Jan. 29 At Faruqi Sex Harassment Trial: Your Honor, Please Reconsider!

As expected, Law360 reported on Thursday that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi, be…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Personal Injury

OFCCP Proposes Updated Sex Discrimination Rules

The Office of Federal Contract Compliance Programs announced a proposed rule to update the agency's sex discrimination regulations. The OFCCP's existing guidelines on sex discrimination were issued in 1970 and, admittedly, do…more
| Civil Rights, Government Contracting, Labor & Employment Law

Employers, Don’t Be Caught In The “Bogus RIF” Trap!

I was disappointed earlier this week to see a consultant quoted in an otherwise good article in the Wall Street Journal – “Employee Theft Often Leads Small Firms to Make Bad Choices” — as advising the “bogus RIF” strategy with…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Jan. 28 At Faruqi Sex Harassment Trial: The Defense Rests.

Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not noticed the stains until Ms. Marchuk told him the following Monday that she had been injured during their sexual encounter in the wee…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Jan. 27 At Faruqi Trial: No “Spoliation” Of Blood-Stained Carpet, Judge Says

January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk’s request for an adverse inference instruction based on Faruqi’s destruction of the alleged blood-stained carpet…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Jan. 26 at the Faruqi sex harassment trial: NSFW!

PARENTAL ADVISORY: This is testimony in a sexual harassment case, so it’s necessarily NSFW (Not Suitable For Work. Unless you’re an employment lawyer or HR professional, in which case it’s AIADW (All In A Day’s Work).)…more
| Civil Procedure, Civil Rights, Labor & Employment Law

DOL's Companionship Rule Gets the One-Two Punch

Employers of companionship and domestic employees can breathe a little easier, now that a court has set aside major portions of a rule that may have required that such employees receive the minimum wage and overtime under the…more
| Labor & Employment Law, Health
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Areas of Practice
  • Class Action
  • Government
  • Immigration Law
  • Labor & Employment Law
  • Worker’s Compensation
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Number of Attorneys

100+ Attorneys

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