Constangy, Brooks, Smith & Prophete, LLP

The On-Air Shootings At WDBJ-TV: When Bad Things Happen To Good Employees

What could WDBJ7-TV have done to prevent Wednesday morning’s tragic on-air murders? Unfortunately, probably not a thing. I’m a second-guesser, and I have spent much of the last 48 hours racking my brain about what the CBS…more
| Labor & Employment Law

Executive Labor Summary - July / August 2015

Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge Amy…more
| Administrative Law, Constitutional Law, Elections & Politics, Labor & Employment Law

Tennessee's "Guns In Trunks" Law: What Employers Need To Know Now

In summary, an employer may prohibit guns anywhere on company property, but an employee with a handgun-carry permit may keep a gun out of sight in a locked vehicle in the parking lot. All other possession of weapons on company…more
| Labor & Employment Law

Appeals Court Agrees with DOL: Home Health Care Workers Employed by Third Parties Have a Right to Minimum Wage, Overtime

Domestic service workers providing either companionship service or live-in care for elderly, ill or disabled persons and who are employed by a staffing agency or other third-party employer are entitled to minimum wage and…more
| Administrative Law, Civil Procedure, Labor & Employment Law

4 Thoughts On The Ashley Madison Hack

1. Should you post anything on the internet that you wouldn’t want to see on the front page of the New York Times? “No” used to be standard advice, but that isn’t practical any more. I do online banking, but that doesn’t mean I…more
| Family Law, Labor & Employment Law, Privacy

Can Employees Trust Human Resources?

After the initial NYT story ran, saying the workplace at Amazon is cutthroat — still uses “forced rankings” and even encourages employees to secretly bad-mouth each other to their bosses, has employees who break down in tears on…more
| Labor & Employment Law

Seems Like This Should Be An Excused Absence.

Geoffrey Tolliver, a Medicaid eligibility specialist for the City, went out on a medical leave of absence for cancer in November 2013, and he passed away in December 2014. The City recently moved to terminate his employment…more
| Labor & Employment Law

Is Protected Activity Part Of Your Job? You May Still Be Protected.

If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you? Inquiring HR professionals, in-house lawyers, and counselors want to know!…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Robin’s Quickie Guide To The U.S. Courts Of Appeal

The U.S. Courts of Appeal hear appeals from federal district courts in their assigned states, or as otherwise specified below: - First Circuit: Maine, Massachusetts, New Hampshire, and Rhode Island, and Puerto Rico…more
| Civil Procedure, Labor & Employment Law

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 & Employment Law

5 Ways Employers Can Spend A Lot Less Time In Court

“An apple a day keeps the doctor lawyer away.” Here are five easy and inexpensive things that employers can do to minimize their risk of being sued and maximize their chances of victory if they do get sued. None of these involve…more
| Labor & Employment Law

Darn.

The Marchuk v. Faruqi law firm sexual harassment case has been “amicably resolved.” Now, what will we gossip about?…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Is It “Disparaging” To Say “Karma Is A Bi**H”?

Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Six Things About The ADA That Even An Employer Can Love.

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together…more
| Civil Rights, Labor & Employment Law

How Much, Er, Discovery Is Allowed In A Transgender Lawsuit?

Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she failed…more
| Civil Procedure, Civil Rights, Labor & Employment Law
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Contact

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

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