Overview
Employment litigation is different from other types of commercial disputes. An employment lawsuit can disrupt your work environment and damage your reputation with your employees, your customers and the public. It’s also one of the few types of litigation in which the motives of your leaders and managers – and often your company’s overall culture – are at issue.
The last two decades have seen a significant rise in the number of class, collective and multi-plaintiff actions filed against employers. Plaintiffs’ attorneys and government agencies have significant interest in these forms of action in employment cases and have brought to the process a vigor and resourcefulness that makes defending them increasingly expensive for employers.
Our litigation team can defend you vigorously – in the courts and before government agencies – when doing so is consistent with your internal business objectives. But as valued business partners, we recognize that an early resolution is often more desirable and we have a proven track record of evaluating and using alternative methods of dispute resolution to achieve those favored results. Equally as important, we can help you find solutions to issues in your workplace that may keep you out of court altogether. In addition to providing advice and counsel on difficult employment decisions to evaluate and minimize risk, we have a bank of management- and employee-training programs that are available at fixed fees to help make sure your programs are compliant with applicable laws and regulations – minimizing risk and avoiding litigation before it happens.
What Sets Us Apart
What we don’t do is offer a pre-packaged solution. We view you as a partner, not just our client – we get to know your organization and tailor our approaches to align with your business needs, your company culture, and the particulars of your case.
Constangy’s litigation practice has more than 100 attorneys covering a broad geographical area who regularly work across office lines to assemble teams tailored to achieving superior results. Our depth and experience allows us to efficiently handle the full range of litigation issues – from routine charges of discrimination to highly complex class action lawsuits. Our attorneys come to the firm with backgrounds at the Equal Employment Opportunity Commission and other governmental entities, judicial clerkships, and private practice from firms of all sizes.
We bring to the defense of complex, multi-plaintiff lawsuits an unparalleled depth of experience and sensitivity to workplace issues gleaned from representing employers exclusively for more than 70 years. Our particular strengths in defending these types of cases includes:
- Containing the impact of high-profile, multi-plaintiff litigation
- Designing and implementing creative defense strategies to defeat the class aspects of the case
- Incorporating key defense experts (statisticians, labor market economists, industrial psychologists, selection tool validation experts) into the defense plan
- Exploring suitable means for resolving complex cases on terms acceptable to our clients through the use of mediation and other forms of alternative dispute resolution, as well as early Rule 68 offers of judgment and other creative litigation strategies
- Planning and operating within a litigation budget
What We Do
We regularly defend claims brought by the government and private litigants throughout the United States under Title VII of the Civil Rights Act of 1964 (Title VII); the Fair Labor Standards Act (FLSA); the Family and Medical Leave Act (FMLA); the Age Discrimination in Employment Act (ADEA); the Employee Retirement Income Security Act (ERISA); the Americans With Disabilities Act (ADA); the Worker Adjustment and Retraining Notification Act (WARN); the Fair Credit Reporting Act (FCRA); the Pregnancy Discrimination Act (PDA); the Equal Pay Act (EPA); and the Racketeer Influenced and Corrupt Organizations Act (RICO), as well as their state and local law counterparts. In addition, the last five to ten years have seen an increasing number of state laws that extend employee protections beyond their federal counterpart or in areas in which there is no federal law. Constangy attorneys are well-versed on these state law nuances, as well.
Constangy offers policy development, employee relations, employee and management training, defense of administrative charges, and litigation defense, in all areas of the employment relationship, including:
- Business ethics/employee conflict-of-interest issues
- Equal employment opportunity
- Protected class discrimination
- Wrongful discharge
- Workers’ compensation retaliation
- Harassment based on protected class, including sexual harassment
- Family and medical leave
- Disability accommodations
- Religious accommodations
- Covenants not to compete
- Unfair trade practices
- Misappropriation of trade secrets
- Employment agreements
- All areas of pay practices, including minimum wage, overtime, and child labor compliance
- Severance agreements and exit packages
- Recordkeeping
Representative Matters
Representative Matters
Constangy clients have come to expect summary judgment wins and jury verdicts for the cases its attorneys take to a decision on the merits. We have simply too many to list. But the following are a sample of some of the precedent-setting and particularly significant wins Constangy has achieved recently:
- Obtained unanimous victory before the United States Supreme Court on extremely significant case involving the citizenship of our client for purposes of securing federal jurisdiction on the basis of diversity of citizenship
- In case involving potential exposure of $20 million to our clients (and more than $300 million to the industry as a whole), obtained preliminary injunction against the United States Department of Labor and ultimately summary judgment against labor union on behalf of trade association and twenty of its members nationwide, successfully challenging a rule issued by the United States Department of Labor relating to agricultural workers. Summary judgment decision was affirmed by the United States Court of Appeals for the Fourth Circuit.
- Defeated class certification on many occasions, including in multi-million-dollar class actions under federal and state wage and hour laws involving allegations of off-the-clock work, falsification of time records by management, exempt misclassifications, and meal and rest breaks.
- Defeated collective action status in a multi-million dollar collective action under Fair Labor Standards Act; then settled the case with two named plaintiffs for nuisance amount.
- Obtained summary judgment on all issues in an Equal Pay Act and Title VII wage discrimination case that was filed as nationwide class action.
- Obtained summary judgment in multi-million dollar RICO class action, which was affirmed by the United States Court of Appeals for the Eleventh Circuit.
- Managed 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.
- Handled litigation on behalf of big-box and specialty retailers throughout the country dealing with multi-plaintiff and class litigation.
- Obtained precedent-setting summary judgment in FLSA case holding that cable installers were exempt from overtime provisions.
- Obtained affirmation from the United States Court of Appeals for the Fourth Circuit in precedent-setting case involving the application of a mixed motive analysis in an Employee Polygraph Protection Act case, invalidating a United States Department of Labor regulation as contrary to the meaning of the statute.
- Obtained precedent-setting bench trial verdict in FLSA case pertaining to the definition of “farm” as it pertains to agricultural exemption.
- Obtained early dismissal of large Fair Credit Reporting Act class action.
News & Analysis
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Multimedia
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Podcasts
Can employers mandate COVID-19 vaccinations? Should they? Do employees’ sincerely held religious or moral beliefs alter that analysis? What about employees’ pre-existing medical conditions or pregnancy? How should employers communicate with employees about vaccinations? What litigation can employers expect related to COVID-19? Join Susan Bassford Wilson and Guest Jon Yarbrough for a discussion of your vital vaccination questions!
Should every employee sign an arbitration agreement? When are non-competition and non-solicitation agreements appropriate? Do you really need to hire an employment lawyer to respond to a charge of discrimination or wage claim? Are annual performance reviews on the way out the door? Join us as we talk through more scenarios where reasonable minds and reasonable companies can differ!
What the best progressive discipline plan? Is unlimited PTO a good or a bad idea? What should your handbook cover? Is teleworking great or grim? What’s the best legal TV show of all time? Join us as we talk through scenarios where reasonable minds and reasonable companies can differ!
Join us as we count down and recap some of the big developments in 2020, impart some critical public service announcements, and share a few predictions about what 2021 may hold for employers!
By a show of hands: Ever sent an email you immediately regretted? Ever seen something at work that you wished you could unsee?
Holding the company holiday party in an adult venue – yes or no? How can we serve booze while minimizing risk? What reasonable religious accommodations might be available to an employee under Title VII?
On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts or comments cross the line? Is buying voters booze a valid campaign strategy? Join us for a discussion of these burning questions!
Is asking about applicant arrests or convictions a good practice? Should you grade an applicant based on his or her hairstyle during the interview? What does the Fair Credit Reporting Act require of employers running a third-party background check?
Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating medical marijuana use.
Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in the workplace – particularly to a pregnant woman. Spoiler alert: Animal-related comparisons are rarely welcome.
COVID-19 forced many companies to quickly jump into the realm of teleworking or to drastically expand existing programs. What policies should employers institute and enforce to discourage off-the-clock work? Do employers need to reimburse remote workers for reasonable business expenses like cell phones and internet? When is teleworking a reasonable accommodation? And how many times should you check that the video is turned off before taking your Zoom meeting into the bathroom?
Does size matter? Should your handbook cover underwear and love notes? Does using a random handbook you found online create problems? This episode delves into the good, the bad, and the ugly of employee handbooks.
So far in 2020, COVID-19 has forced businesses to do everything from redesigning their facilities to taking the temperature of every employee on a daily basis, and from furloughing the workforce to shutting down the workplace entirely. But where are we now? Listen for a discussion of updated FFCRA regulations, changing CDC and OSHA recommendations, the advisability of mandatory vaccines and employee waivers, and the comic stages of COVID-19.
In this podcast, we examine examples from popular TV shows like NCIS, Gilmore Girls, and The Office to find the good, the bad, and the ugly of employment law on TV. Warning: May contain content that is painful to human resources professionals and employment lawyers.
What happens if an employee drives the company car to a strip club for lunch? In the age of COVID-19, what privacy concerns does contact tracing raise? What do employers need to think about before implementing an employee monitoring, whether its via GPS chip or video surveillance? This episode delves into the where, when, why, and how of employee tracking and surveillance.
Can you discipline or fire an employee because of his or her social media posts? Do employees have a constitutional right to say whatever they want online or at a protest? What blowback might companies face due to negative social media publicity? Join us as we discuss everything from the First Amendment to The Princess Bride.
Do you want to get sued by your employees? Probably not. If you’ve ever pondered what steps you can take to reduce your company’s legal exposure, then this episode is for you. Join us as we discuss six practical tips that you can put into effect immediately at your company. You will thank us later!
How should you handle the Mouthy Blogger? What’s the best approach for Body Odor Bobby? How do you keep up with all of Sensitive Sally’s complaints? Dedicated to our friends in human resources, this episode talks about some of the difficult personalities and situations that HR professionals may encounter, the potential employment law risks for each, and practical solutions worth exploring.
What legalities and logistics do companies need to consider when returning employees to the physical workplace in a post-coronavirus world? Listen in for practical tips about minimizing your company’s potential liability, hypotheticals in the state of Disbelief, advice on COVID-19 testing, and nominations for the best coronavirus meme.
Fact is often stranger than fiction. The last episode covered the logistics of the Family and Medical Leave Act – who, what, when, and how long – while this episode will discuss real cases in which employers faced some challenging (and sometimes funny) situations.
What does the Families First Coronavirus Response Act mean to employers? What federal agencies have issued guidance? Are there state- and locale-specific orders in place related to the coronavirus? Finally, what do employers need to know in order to furlough employees, reduce employee hours, or lay off employees?
Can an employer take an employee’s temperature at work? Would an employee with coronavirus qualify for leave under the Family and Medical Leave Act? If companies prevent employees from working at the office and require them to work from home, do employers have to pay any employees who are unable to work from home? (Recorded on March 13, 2020.)
Navigating the intricacies of the Family and Medical Leave Act can be daunting. Who is an eligible employee and an eligible employer? How long does FMLA leave last? What does intermittent FMLA mean? How can you take steps to ensure that FMLA leave is being used appropriately?
The gig economy is the future of the workforce, right? Or is it an old concept with a modern twist? After all, using workers on a “freelance” or “independent contractor” basis is not a new idea. Whether old or new, there are legal traps that businesses should be aware of and precautions they can take to minimize their liability.
In the #MeToo era, accusations of workplace misconduct must be taken seriously and investigated thoroughly. A good investigation can result in effective resolution of a harassment complaint, winning an unemployment claim, and even a successful defense of a discrimination charge or wrongful termination lawsuit. On the other hand, a bad investigation can have the opposite effect.
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