Practice Areas & Industries: Constangy, Brooks, Smith & Prophete, LLP


Litigation; Employment Litigation Prevention and Defense Return to Practice Areas & Industries

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Practice/Industry Group Overview

Policy development, employee relations, employee and management training, defense of administrative charges, and litigation defense, including in the following areas: class action litigation, business ethics/employee conflict-of-interest issues, equal employment opportunity, diversity, wrongful discharge, EEO and workers’ compensation retaliation, harassment, family and medical leave law, disability accommodations, religious accommodations, covenants not to compete, unfair trade practices, misappropriation of trade secrets, breach of contract, and employment-related torts. Advice and drafting of employment agreements; defense of litigation related to breach of express or implied employment contract; negotiation and drafting related to severance agreements and exit packages.

Employment litigation is different from other types of commercial disputes. An employment lawsuit can disrupt your work environment and hurt your company’s credibility, not only with your employees but also with the public. It’s also one of the few types of litigation in which the motives of your members of management are at issue.

Constangy’s Employment Litigation Prevention and Defense team has more than 50 attorneys covering a broad geographical area with the ability to work across office lines as needed. The team’s depth and expertise allows them to handle the full range of litigation issues – from routine charges of discrimination to highly complex class action lawsuits. They come to the firm with backgrounds at the Equal Employment Opportunity Commission and other governmental entities, judicial clerkships, and with private practice experience.

We can defend you vigorously — in the courts and before government agencies -- when that is the right thing to do. But, where appropriate, we can also help you find solutions to issues in your workplace that may keep you out of court altogether. We also have a bank of management- and employee-training programs that are available at fixed fees.

Attorneys in our Employment team have represented employers in a wide variety of industries, including the following:

  • Health care
  • Manufacturing
  • Banking
  • Insurance
  • Retail and wholesale sales
  • Public utilities
  • Education
  • Government
  • Sports and entertainment
  • Food and restaurants/hotels

Our Employment Litigation Prevention and Defense team publishes a bimonthly periodical, Labor & Employment Insights.

Litigation Representative Matters

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.