Human resource professionals and others in management within the public sector face numerous specialized issues foreign to the private sector arena. For example, public employees enjoy a unique panoply of constitutional and civil rights against their employers, supervisors, and co-workers. Up to 50% of public employees are now covered by collective bargaining agreements. This is a vastly greater percentage than in private employment. Labor relations in the public sector presents novel questions not faced in private sector collective bargaining, because the public good and other public interests are at stake.
What Sets Us Apart
Unlike many other national labor and employment law firms, Constangy has a dedicated and deep bench of knowledgeable and experienced attorneys who can capably address your public sector labor and employment law needs. We understand that public sector labor and employment issues are often unique, complex and extremely nuanced. In the end, it is all about obtaining favorable results and innovative solutions to complex legal problems for public sector entities.
What We Do
When it comes to representing governmental entities, Constangy does it all. On a routine basis, Constangy:
- Handles traditional labor matters (i.e., fighting union organizing efforts, drafting and negotiating collective bargaining agreements, defending public sector employers in labor arbitrations, and grievances).
- Defends employers employment discrimination litigation arising under both federal and state statutes and the common law (i.e., Title VII, ADEA, ADA, Rehabilitation Act, Equal Pay Act, FMLA, and whistleblower act claims).
- Represents employers in civil rights lawsuits federal and state constitutions and/or statutes (i.e., First Amendment free speech, association, religion and political patronage claims, Fourth amendment search and seizure and invasion of privacy claims, as well as Equal Protection and Due Process Clause claims, both substantive and procedural, related to property and liberty interests protected by the Fourteenth Amendment).
- Designs and drafts employee benefit plans, advises clients on issues related to the administration of those plans, as well as defends plan-related litigation arising under ERISA, COBRA, HIPAA and/or state law).
- Counsels and defends public sector employers on wage and hour matters arising under the FLSA and/or state and local laws, including complex class action litigation).
- Assists public sector employers with federal immigration issues.
- Drafts and reviews affirmative action plans for public sector entities, as well as advises clients on matters involving the OFCCP.
- Provides advice on occupational safety and health issues affecting public sector employers.
- Reviews, drafts and advises public sector clients on employment contracts.
- Advises and defends governmental entities in a whole range of issues related to hiring and firing employees in the public sector. Additionally, we provide supervisory and rank-and-file employee training for our public sector clients to ensure that they are both knowledgeable and compliant with respect to all of the subjects identified above.
- Obtained numerous awards of summary judgment on behalf of state, county and municipal public sector clients in civil rights and EEO litigation brought pursuant to Title VII, Title IX, EPA, ADEA, ADA, Section 1981, Section 1983, Section 1985, Section 1986 and FMLA.
- Skillfully served as chief negotiator in collective bargaining negotiations on behalf of state agencies, county governments and municipalities.
- Successfully represented numerous public universities in grievance arbitrations, unfair labor practice charges, as well as civil rights and EEO litigation brought pursuant to Title VII, Title IX, EPA, ADEA, ADA, Section 1981, Section 1983, Section 1985, Section 1986 and FMLA.
- Obtained dismissal of a declaratory judgment and defamation lawsuit against a public sector employer.
- Successfully defended sheriffs, clerks of court, tax collectors, and property appraisers with respect to federal freedom speech, Equal Protection Clause and Due Process Clause claims arising under the First and Fourteenth Amendments.
- Successfully represented state and local governmental entities in both federal and state law whistleblower lawsuits.
- Conducted training for public sector clients on employee and applicant drug testing.
- Employment & Labor Insider, 2.7.18
- Employment & Labor Insider, 10.10.17