Employment Litigation

Overview

The firm’s labor and employment law practice covers the representation of employers who face various types of employment litigation claims. These claims arise in the context of both federal and state law and involve claims under the Fair Labor Standards Act (FLSA), employment-related claims under the United States Constitution against public employers, claims under the Family and Medical Leave Act (FMLA), and claims of discrimination, including claims of race, sex, age, religion, national origin, disability, and sexual harassment discrimination. The firm has extensive experience in representing both private and public employers.

Importance of Claims That Lead to Employment Litigation

Employment related claims in the workplace have increased significantly. A regular part of the firm’s practice is devoted not only to defending employers who have been sued for such claims but also to advise and consult with employers in an effort to ensure their compliance with all legal requirements and to prevent claims that could be raised against them. As part of advising employers, the firm drafts and reviews employee handbooks, audits employers for compliance with specific federal and state laws, and represents employers before the EEOC in responding to charges of discrimination.

Representation and Achievement

Some of the discrimination and harassment matters handled by the firm include:

  • Successfully obtained summary judgment for defendant hospital in Title VII (Civil Rights Act of 1964) race discrimination case brought by physician, which was later affirmed on appeal (372 Fed. Appx. 51 (11th Cir. 2010)).
  • Successfully defended employer in claim of discrimination by dismissed employee under the Americans With Disabilities Act (ADA), obtaining summary judgment (301 F.Supp. 2d 1333 (S.D. Ga. 2003)).
  • Successfully defended employer in Title VII case alleging hostile work environment and gender discrimination (102 F.Supp. 2d 1364 (S.D. Ga. 2000)).
  • Successfully defended public sector hospital in case brought by four former employees who alleged violation of free speech rights under 42 U.S.C. 1983 and unpaid overtime violations of the Fair Labor Standards Act (FLSA), by obtaining summary judgment, which was later affirmed on appeal (86 F.Supp. 2d 1214 (S.D. Ga. 1998), aff’d, 202 F.3d 288 (11th Cir. 1999)).
  •  Obtained summary judgment for employer in Family Medical Leave Act (FMLA) retaliation claim. Affirmed, 546 Fed. Appx. 833 (11th 2013).
  •  Obtained dismissal of claims against employer in Section 1983 wrongful termination lawsuit brought by former employee. 2011 U.S. Dist. LEXIS 102681 (S.D. Ga. 2011); Affirmed 518 Fed. Appx. 628 (11th 2013).
  •  Obtained summary judgment for employer in Title VII race discrimination and retaliation lawsuit.
  •  Obtained voluntary dismissal with no payment of settlement money for employer in Title VII sexual harassment lawsuit.
  • Obtained voluntary dismissal with no payment of settlement money for defendant in Americans With Disabilities Act lawsuit.
  • Obtained summary judgment for manufacturer employer in Fair Labor Standards Act (FLSA) case brought in federal court alleging unpaid meal breaks (19 F.Supp. 2d 1375 (S.D. Ga. 1997)).
  • Represented numerous employers before EEOC in responding to charges of discrimination including claims of sexual harassment, retaliation, age, race, and gender discrimination.
  • Counseled employers in various areas of labor and employment law, including creation of employee handbooks and compliance with Fair Labor Standards Act (FLSA), employment discrimination law, and Family Medical Leave Act (FMLA).