Cases of Note

Employment

LGWM represented a restaurant and bar with regard to Charges of Discrimination filed by seven employees who worked in both front of house and back of house positions and who asserted claims of race and sex discrimination against the General Manager. LGWM participated in an extensive multi-day investigation conducted by the EEOC. The EEOC confirmed it was unable to conclude there was any discrimination.
LGWM represented a blood plasma center against which five employees filed Charges of Discrimination alleging various claims of race and sex discrimination associated with promotions, pay and discipline. LGWM assisted the center in preparing position statements to all Charges and in the onsite investigation conducted by the EEOC. After the EEOC issued a for-cause determination, LGWM successfully resolved each case during the conciliation process.
LGWM represented a restaurant against a Charge of Discrimination filed against it by an employee who alleged sexual harassment and retaliation by coworkers and managers. The EEOC conducted an onsite investigation during which most of the restaurant’s employees were interviewed. LGWM assisted the restaurant with the extensive investigation, and the EEOC confirmed it was unable to conclude that the restaurant or its employees subjected the former employee to sexual harassment or retaliation.
LGWM represented a municipal organization with regard to a Charge of Discrimination alleging race-based disparate treatment in the context of multiple disciplinary actions, including eventual termination. The EEOC dismissed the Charge in response to the Position Statement prepared by LGWM, finding it could not conclude there was any discrimination with regard to each of the numerous disciplinary actions alleged.
LGWM represented a hospitality management company in connection with an allegation of age discrimination. LGWM undertook an extensive review of personnel data to corroborate the company’s non-discriminatory hiring and firing practices. LGWM achieved dismissal of the Charge by the EEOC, which was unable to conclude any age discrimination occurred.
LGWM represented a hotel with regard to Charges of Discrimination filed by three employees who asserted various claims race-based discrimination, including disparate treatment, hostile work environment, constructive discharge and retaliation. LGWM participated in an extensive investigation conducted by the EEOC, which included a significant document production. The EEOC confirmed it was unable to conclude there was any discrimination.
LGWM represented a restaurant with regard to a Charge of Discrimination filed by an employee who asserted sex and pregnancy discrimination claims. The EEOC confirmed it was unable to conclude there was any discrimination.
LGWM represented a security company with regard to a Charge of Discrimination filed by an employee who asserted race discrimination claims based on the employer’s grooming policy. LGWM participated in an investigation conducted by the EEOC, which including responding to Requests for Information and Documents. The EEOC confirmed it was unable to conclude there was any discrimination.

LGWM regularly provides guidance to employers regarding employee counseling issues, including verbal counselings, written reprimands, suspensions and terminations for policy violations and misconduct. These counseling issues routinely involve potential issues of race, sex, age, religious and disability discrimination; violations of Alabama’s Workers’ Compensation Act; violations of the Family and Medical Leave Act (FMLA); violations of the Fair Labor Standards Act (FLSA); violations of COBRA; and non-compete issues.
LGWM routinely assists clients with preparation of employee handbook and other internal personnel policies. LGWM also assists clients with implementing new polices and employee training regarding those policies.
LGWM provides guidance to employers regarding employee requests for use of service animals. For example, LGWM provided guidance to an employer regarding a potential hire who requested use of a service animal due to an alleged disability. However, the employee said she did not require an accommodation to perform the essential functions of her job, including use of her service animal.
LGWM provides guidance to employers regarding hiring decisions and revocations of conditional offers of employment. For example, LGWM provided assistance to an employer who discovered after extending a conditional offer of employment that the employee had murder convictions in another state.
LGWM provides guidance to employers regarding permissible medical inquiries under the Americans with Disabilities Act. For example, LGWM routinely provides guidance regarding limits to pre-offer inquiries versus post-conditional offer inquiries.
LGWM provides guidance to employers regarding leave issues under the FMLA (FMLA). For example, LGWM regularly advises employers regarding requirements for notifying employees of their rights under the FMLA, the requisite medical certification, the employer’s obligations during the FMLA leave period and the employer’s obligations once an employee’s eligible leave under the FMLA has ended.
LGWM provides guidance to employers regarding their existing internal policies and practices on a routine basis. For example, LGWM has advised clients regarding grooming and hygiene policies and the potential for claims of disparate impact based on race because of those policies.
LGWM regularly assists clients with compliance issues regarding the FLSA. For example, LGWM has assisted clients in preparing for and complying with the 2016 change regarding the salary threshold for exempt employees.
LGWM makes recommendations to clients regarding improvements relating to timekeeping practices and software so as to ensure compliance with the FLSA’s overtime requirements.
LGWM provides clients with guidance regarding OSHA regulations. For example, LGWM advised a manufacturing company regarding steps to follow in response to its employees’ potential exposure to harmful substances in the workplace.

LGWM represented a civic center against claims of race discrimination filed by four former employees. The District Court granted summary judgment with regard to all claims asserted by the plaintiffs other than their pay discrimination claims under Title VII. LGWM tried the pay discrimination claims before a jury and obtained a jury verdict in favor of the civic center.
LGWM represented a quality control company working for a large automobile manufacturing facility with regard to claims of race discrimination and retaliation by a former employee. The claims were tried before a jury, and the jury returned a verdict in favor of the quality control company with regard to all claims.
LGWM represented a trucking company in a suit filed by the EEOC on behalf of two job applicants. The EEOC contended that the trucking company failed to hire the applicants on the basis of their race. After extensive discovery, including expert discovery regarding racial profiling, the District Court granted summary judgment in favor of the trucking company.
LGWM represented a national retail sales company against a collective action under the Fair Labor Standards Act filed by eight former employees on behalf of themselves and similarly situated sales representatives who claimed they were not paid for overtime hours worked. With liability fairly certain and the potential for a collective of 169 members, LGWM successfully obtained a class-wide settlement.
LGWM represented a company and its president against claims of harassment based in state tort law asserted by a former high level employee. LGWM obtained summary judgment with regard to all claims asserted by the former employee.
LGWM represented a mining company against retaliatory discharge claims by a former employee under the Family and Medical Leave Act. The District Court granted summary judgment in favor of the mining company. The former appealed the summary judgment ruling to the Eleventh Circuit, and the Eleventh Circuit upheld the dismissal of the former employee’s claims.
LGWM represented a drug treatment center in two lawsuits filed by two former employees – one who asserted nine claims of sex and race discrimination and one who asserted 12 claims of sex and race discrimination and for violation of the Family and Medical Leave Act. LGWM successfully obtained summary judgment with regard to all claims asserted by each plaintiff in both cases.
LGWM represented a commercial real estate firm against claims of sexual harassment involving the firm’s president and chief executive officer. The claims required an extensive firm-wide investigation which resulted in the recommended termination of the president and chief executive officer.
LGWM represented a security company who was sued by a former security officer for race and sex discrimination associated with the security officer’s transfer to a new position and subsequent termination. LGWM successfully obtained summary judgment on behalf of the security company with regard to all claims asserted by the security officer.
LGWM represented a restaurant owner with regard to seven Charges of Discrimination filed by seven former servers and managers. LGWM participated in an extensive on-site investigation with the EEOC in which every employee of the restaurant owner was interviewed. The EEOC determined the claims were not substantiated by its investigation.

Represented an industrial corporation regarding a potential exposure to toxic chemicals and metals.
Represented a masonry contractor whose job site was investigated by OSHA for potential violations related to fatal accident where an employee of a sub-contractor tripped and fell from scaffolding near a cement mixer. The cement mixer was found to have been properly secured on the scaffolding and not the cause of the fatal fall.
Defended a contractor in an OSHA investigation where scaffolding collapsed at a shopping mall work site. OSHA found that the contractor took all the appropriate steps to secure the scaffolding and the work site area following scaffolding collapse. The collapse was found to have been caused by a manufacturing defect in the railing.

LGWM has advised insurance brokerage companies regarding provisions to include in agreements with its independent agents so as to ensure appropriate protection of confidential and proprietary information, including, but not limited to, pricing information, customer lists, and protected processes.
LGWM has assisted insurance carriers, insurance brokers, and various other companies with the preparation of employment agreements. LGWM has advised these clients with regard to the appropriate restrictive covenants to include relating to competition and solicitation of current and former employees and customers so as to protect the clients’ business.
LGWM has represented employers who have pursued former employees for breach of their employment agreements when the former employees have begun working for competitors or have improperly utilized proprietary information.
LGWM has defended a high level employee against claims asserted by his former employer for violation of his non-compete agreement. After exposing the company’s own breach of its agreement, LGWM assisted the Parties in achieving an amicable resolution.
LGWM has advised brokers and agents regarding the scope of restrictive covenants contained in severance packages so as to avoid violation of severance agreements and liability for breach of contract claims.
LGWM assisted a national methadone clinic who was ceasing its Alabama operations with preparation of severance packages for the affected employees. LGWM assisted with developing reasonable restrictive covenants to include in the severance agreements for several employees.

LGWM routinely advises clients regarding rules changes by the Department of Labor. LGWM has provided guidance to employers regarding the Department of Labor’s 2016 Final Rule and the impact of the subsequent preliminary injunction. LGWM has assisted in restructuring job descriptions and positions to reflect the anticipated changes in the FLSA.
LGWM represented a national retail company against a collective action filed by a group of former sales representatives who asserted claims for overtime violations. The exposure to the company was high with more than 150 potential Opt-Ins. LGWM successfully resolved the case with regard to the class claims through an amicable settlement.
LGWM represented a blood blank against a collective action filed by several technicians alleging they were not properly paid overtime due in part to automatic lunch deductions. With LGWM’s assistance, the blood bank achieved a class-wide settlement.
LGWM represented a restaurant against a collective action filed by servers over what the servers contended was an improper tip-pooling arrangement. LGWM obtained an early settlement greatly limiting the restaurant’s exposure.
LGWM has represented various types of employers against claims filed by individual employees regarding overtime violations. Typically, LGWM assists the employers in resolving these claims early through settlement or positioning the cases for early dismissal through summary judgment.

Employment

Cases of Note

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