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The following is a sampling
of matters handled by Constangy attorneys:
Affirmative
Action
Represented companies in innumerable compliance
reviews conducted by the Office of Federal Contract Compliance
Programs ("OFCCP").
Represented companies in Corporate
Management ("Glass Ceiling")
Reviews; all but one resulted in letters of compliance; remaining
one ended with conciliation agreement with no monetary liability.
Represented companies on complex or novel issues, such as OFCCP jurisdiction,
definition of "applicant" for affirmative action purposes, establishment
structure, and using "whole person" rule in determining under representation.
Prepared for companies numerous Affirmative Action Plans, compensation analyses,
EEO-1 and VETS-100 Reports, compliance checks, various workforce statistical
analyses, and now-defunct EO Surveys.
Benefits
Counseled numerous clients regarding obligations under new Internal
Revenue Code Section 409A deferred compensation plan rules, including
restructuring executive compensation and severance arrangements
as well as employment agreements to satisfy the complex rules.
Advised clients regarding required and optional changes to qualified
plans as a result of the Pension Protection Act of 2006, including
significant new funding requirements for defined benefit plans
and required and optional changes for 401(k) and other defined
contribution plans.
Counseled companies (including publicly traded, closely
held, tax-exempt and governmental employers) regarding retirement
plans, executive compensation programs, and fringe and welfare
benefit issues with a specific focus on the issues specific to
the compliance, recruiting and retention issues facing each company.
Recently restructured retirement program to
better match client’s
recruiting and retention goals, including freezing of benefits under
company’s defined benefit pension plan and enhancing defined
contribution plan.
Assisted clients through merger and divestiture processes, including preparing
and implementing new benefit plans for resulting companies for all types of benefit
programs.
Class Action Litigation
Constangy’s attorneys are currently defending
a number of class action and Fair Labor Standards Act collective
action lawsuits.
Defeated class certification in multi-million-dollar class action
under federal and state wage and hour laws involving allegations
of off-the-clock work and falsification of time records by management;
then settled case on terms very favorable to our clients.
Defeated collective status in multi-million dollar collective action
under Fair Labor Standards Act; then settled case with two named
plaintiffs for nuisance amount.
Obtained summary judgment on all issues in Equal Pay Act and Title
VII wage discrimination case that was filed as nationwide class
action. (Plaintiffs voluntarily abandoned class claims before summary
judgment was obtained.)
Immigration
Obtained numerous work permits for professionals, executives,
and essential workers, including medical transplant coordinator,
Lloyd's insurance broker, and several mutual fund portfolio managers.
Recently presented series of well-received I-9 training seminars
to corporate counsel and human resources professionals.
Labor
Relations
Represented health care employers in contract
negotiations with nurses’ unions.
Defeated union, which received only 29 percent of votes, in organizing
campaign under the Railway Labor Act.
Defeated Philadelphia Teamsters in their efforts to organize a New
Jersey warehouse; Teamsters received only 21 percent of the eligible
votes.
Defeated Massachusetts Teamsters Local, which had conducted six-month
organizing effort. Teamsters Local lost by more than two-to-one
ratio.
Litigation
Constangy’s
litigation attorneys are currently defending a number of class action
and Fair Labor Standards Act collective action lawsuits. These cases
involve issues of alleged wage and hour violations under the Fair
Labor Standards Act and applicable state wage and hour laws; sex
discrimination; age discrimination; and wage discrimination.
Won summary judgment in multi-million lawsuit relating
to compensability of donning and doffing; case is currently on
appeal.
We have three large cases involving a major
U.S. employer: (1) FLSA case (29 plaintiffs); (2) Another FLSA
case (50 named plaintiffs and notice to be issued to over 500);
(3) ADEA case with 15 named plaintiffs and seeking nationwide
collective notice.
We handle litigation on behalf of big box and specialty retailers
throughout the country dealing with multi-plaintiff and class litigation.
Occupational
Safety and Health
Conducted numerous recordkeeping audits and training for various
Fortune 500 companies, none of whom have been cited for OSHA recordkeeping
violations.
Advised the United States Occupational Safety and Health Administration
on recordkeeping interpretations and issues.
Obtained withdrawal of almost every citation item in significant
OSHA case.
Represented clients during OSHA rulemaking process to obtain favorable
regulatory action.
Represented clients before Food and Drug Administration and OSHA
to successfully secure favorable revisions to existing hazardous
material labeling requirements and issuance of Hazard Bulletin
addressing health issue important to client’s business.
Wage and Hour
Defeated class certification effort in statewide
wage and hour case involving allegations of off-clock work by chain
retailer, and settled remaining claims of named plaintiffs on favorable
terms.
Convinced plaintiff's counsel to dismiss an FLSA collective action with prejudice after refuting liability with employer's payroll records.
Prevailed in obtaining court order compelling arbitration of FLSA collective action, and then settled claim of named plaintiff and obtained dismissal of collective action.
Disposed of class action wage and hour claims in arbitration proceeding by satisfying single named plaintiff's claim and moving for dismissal of case.
Workers’
Compensation
Successfully defended against claim involving a claimant who reported an alleged injury "timely" and was found to have a large bulging disc on MRI to support his claim for disability. The outcome was a ruling that the claimant was impeached and discredited and therefore was unable to meet his burden to prove his case. The claimant appealed. The Appellate Division adopted the favorable defense decision of the Judge and further, at our request, assessed attorney fees against the claimant for an unreasonable appeal.
Successfully defended against claims involving multiple employer/insurers by persuading the Judge that a prior employer, if anyone, was responsible for continued treatment and disability rather than our employer client which was dismissed from the claim even though they were the most recent employer and even though time away from work did not arguably begin until after the claimant was employed with our client employer/insurer. (Also successfully defended against claims by showing convincingly that subsequent employers were responsible rather than our client employers).
Our attorneys have successfully defended all types of workers' compensation cases including catastrophic designation cases, credibility cases, complex medical causation cases, etc. as well as obtained substantial reimbursement from second injury trust funds on behalf of our clients, establish and expand light duty return to work programs and protocol, established Drug Free Workplace policies with workers' compensation premium discounts (for insured's and state assessment discounts for self-insured's), and counseled employers on best practices to avoid and defend against claims, and minimize exposure to claims which arise.
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