Constangy, Brooks & Smith, LLP

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

  • 404.525.8622
  • 404.525.6955

Off-Duty Domestic Violence — What’s An Employer To Do?

Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological trauma, or court appearances. She (or he – men can be victims,…more
| Criminal Law, Labor & Employment Law, Family Law

Which Drug-Testing Law Applies? Who Knows?

Shawn Olson of Minnesota was offered a job in West Virginia by Push, Inc., a company based in Wisconsin. Mr. Olson was asked to complete a pre-hire drug test, which was originally going to be performed in Push’s state of…more
| Labor & Employment Law

Employers, Don’t Commit These 5 Firing Faux Pas!

Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your…more
| Labor & Employment Law

BREAKING: 6th Circuit Will Rehear Ford Telecommuting/Reasonable Accommodation Case

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that Ford…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Is The EEOC Off The Rails With This New “Wellness” Lawsuit? Don’t Think So.

Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the program…more
| Civil Rights, Labor & Employment Law, Health

Executive Labor Summary - July/August 2014

NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented…more
| Administrative Law, Agriculture, Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Transportation Employers, Can You Survive The Federal Audit “Tag Team”?

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share…more
| Labor & Employment Law, Transportation

Sexy ADA Issue: Bad Breakup May Not Justify Employer-Mandated Medical Exam

Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky day…more
| Civil Procedure, Civil Rights, Labor & Employment Law

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
| Labor & Employment Law, Franchise Law

Breaking: OFCCP Issues Directive On Gender-Identity Discrimination

The Office of Federal Contract Compliance Programs has issued a new directive on gender-identity discrimination, consistent with President Obama’s recent amendment to Executive Order 11246…more
| Civil Rights, Labor & Employment Law, Government Contracting

Teleworker, Or Teleslacker? Here’s How Employers Can Tell The Difference.

Is the employee’s home worksite conducive to work? Does the employee have proper equipment, or does she have a Commodore 64 with dial-up modem, and a rotary phone? (If the latter, are you willing to provide her with a decent…more
| Labor & Employment Law

OFCCP Proposes "Equal Pay Report" for Contractors to go with EEO-1

The Office of Federal Contract Compliance Programs issued a Notice of Proposed Rulemaking on Friday in response to President Obama's April directive that the agency develop a tool for compensation data collection. The OFCCP…more
| Civil Rights, Labor & Employment Law, Government Contracting

The “Dirty Dozen”: Top 12 employer harassment mistakes

According to statistics collected by the Equal Employment Opportunity Commission, harassment charges have stayed relatively stable over the past three years, and the number of “cause” determinations has actually declined. (Yay!)…more
| Civil Rights, Labor & Employment Law

Public employers, you can’t drug test as if you were in the private sector

Karen Voss was offered a newly created position of Solid Waste Coordinator with the City of Key West. The job entailed marketing and planning related to the city’s recycling programs, and “overseeing other tasks within the…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Privacy

Affirmative Action Alert Oh, No! Another Executive Order For Federal Contractors

For the fifth time in seven months, President Obama has signed an Executive Order directed solely toward federal contractors and their employees. Yesterday, he signed the "Fair Play and Safe Workplaces" Executive Order to…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Government Contracting
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Areas of Practice
  • Class Action
  • Government
  • Immigration Law
  • Labor & Employment Law
  • Worker’s Compensation
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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