Labor and Employment Law
Corporate Attorneys Who Excel in Employment Law
The firm's Labor Law & Employment Litigation Practice Group represents management on behalf of a diverse range of clients from industries such as: pharmaceutical, healthcare, financial, insurance, legal, real estate, communications, hospitality, construction, transportation, manufacturing and retail, among others.
We have extensive counseling and litigation experience in virtually every aspect of the employer/employee relationship, including Title VII of the Civil Rights Act of 1964, Section 1981, the Americans With Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA) (e.g., overtime, minimum wage, and employee classification issues, etc.), and numerous other federal and state laws regarding workers’ rights and employer obligations.
Our trial attorneys have been particularly successful in representing employers in state and federal courts throughout the country under state and federal law legal theories such as: wrongful termination, defamation, misappropriation of trade secrets, violations of restrictive covenants, tortious interferences, breaches of fiduciary duty and other misconduct. We also represent employers in proceedings before, and audits and investigations by, federal and state agencies such as the U.S. Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), and the Occupational Safety and Health Administration (OSHA).
The Labor Law & Employment Litigation Practice Group also represents employers in matters under the National Labor Relations Act (NLRA), including union organizing efforts, elections, collective bargaining, unfair labor practice trials and arbitrations. In fact, the Group’s practice leader obtained a favorable ruling from the the National Labor Relations Board (NLRB) that certain nurses in the healthcare industry were supervisors under the NLRA and thus ineligible to join a union.
Outside the Courtroom: Workplace Consulting
One of the most critical functions of the firm’s Labor Law & Employment Litigation Practice is to provide advice on routine, yet complicated issues that arise daily in the workplace, such as employee discipline or discharge decisions. Sometimes, the best advice is that which can help a client to avoid litigation in the first place.
In addition, we prepare employee handbooks and policies and procedures, including those pertaining to drug testing, sexual harassment, the FMLA and immigration law compliance. We also assist in establishing federal contractor affirmative action plans, preparing employment agreements, and negotiating and drafting separation agreements for individual terminations, mass layoffs or plant closings, as well as assisting in employee investigations and providing employee or supervisor training.
Representative Labor and Employment Law Cases
- Successfully tried a class-action lawsuit in Mississippi alleging claims of racial discrimination in hiring, promotion and termination.
- Won a seminal decision from the Georgia Court of Appeals involving libel and slander claims in the private sector.
- Obtained injunctions in both enforcing and prohibiting the enforcement of non-competition clauses in employment agreements in Georgia, Florida and Nevada.
- Successfully defended a national pharmacy chain in a wage-hour dispute concerning whether pharmacists are exempt from overtime compensation requirements under the FLSA.
- Successfully argued and won appeals in the Sixth and Eleventh Circuit Federal Courts of Appeals alleging violations of Title VII, the ADEA, the FLSA and the ADA.
- Successfully petitioned the (NLRB) over whether registered nurses are supervisors for purposes of the NLRA.
- Obtained summary judgment in over 75 employment-discrimination lawsuits throughout the United States.
- August 25, 2016
- Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC