dcsimg Labor and Employment

Labor and Employment

McGuireWoods offers clients access to 80 labor and employment lawyers across the United States and Europe. Our clients include local, national and multinational employers – from small businesses, governmental entities and nonprofits to Fortune 500 companies. We counsel employers in every aspect of the employer/employee relationship, including federal, state and international law compliance; traditional labor issues; internal investigations; federal contracting; and executive compensation.

We work with clients proactively to prevent, triage, defend and resolve internal and external workplace disputes, claims, and litigation. We also collaborate with clients to deliver tailored employment services in the most flexible, efficient manner possible, which includes the use of alternative fee arrangements, value-added billing and retainers. If litigation proves inevitable, our team is ready to defend our clients from federal and state civil rights and antidiscrimination claims, trade secret and employee raiding actions, and whistleblower and other suits. We also represent employers in a wide range of administrative proceedings, including on charges of discrimination filed with the EEOC and state and local human rights agencies, in DOL compliance checks and audits, and in proceedings before administrative forums and in federal court.

Recent Accolades

  • BTI recognized McGuireWoods as a "standout" in both Complex Employment Litigation and Routine Employment Litigation in the 2013 BTI Litigation Outlook: Changes, Trends and Opportunities for Law Firms survey.
  • Law360 ranked McGuireWoods in the top 25 of the United States’ largest labor and employment practices in 2012.
  • Corporate Counsel named McGuireWoods a "Go-To” law firm – highly valued by Fortune 500 clients, and ranked 12th in labor and employment of 900 firms surveyed in 2009.
  • McGuireWoods LLP received a Tier 1 ranking in the 2013 edition of U.S. News – Best Lawyers “Best Law Firms” for Employment Law-Management, among many others.

CONTACTS

Joel H. Spitz Partner T: +1 312 750 5704
Results 1-20 of 85
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Case Study

Labor and employment team bars plaintiff from recovering on judicial estoppel grounds

A team of McGuireWoods attorneys successfully barred a plaintiff from recovering in a disability discrimination case against our client, a leading independent national distributor of natural, organic and specialty foods. The plaintiff, a forklift operator, alleged disability discrimination after he claimed that asthma prevented him from working in freezers or coolers and was subsequently terminated. Although the EEOC (Equal Employment Opportunity Commission) found probable cause that he had been the victim of discrimination, prompting an investigation of the accommodation policies in place at our client’s facility, the plaintiff did not fare as well in federal court after McGuireWoods discovered that he had filed for bankruptcy without disclosing his pending charge and claims to the Bankruptcy Court. Our client filed a motion to dismiss and asked the Court to find plaintiff judicially estopped from any recovery. In an attempt at salvaging his claims, plaintiff reopened the bankruptcy proceedings. The Judge found this attempt unavailing and ruled that the failure to timely disclose the claim precluded the plaintiff from any recovery.

Representative Matter

International manufacturer

Guided an international manufacturer with 85,000 employees at more than 100 locations in 27 countries in the development and updating of their affirmative action plans at all U.S. establishments.
Representative Matter

Employer

Obtained a directed verdict in an age discrimination case in federal court in Milwaukee after plaintiff presented his case to the jury.
Representative Matter

Directors of an overseas investment fund

Effectively applied for and obtained dismissal of substantial English Employment Tribunal claims for consolidated unfair dismissal and unauthorized wage deductions brought against directors of an overseas investment fund by all of its UK employees.
Representative Matter

National beverage manufacturer

Effectively petitioned the NLRB for review for a national beverage manufacturer following the dismissal of an employee decertification petition by the Regional Director (which came over a year after the petition was filed), resulting in a Board reversal of the Regional Director’s decision, a subsequent decertification vote and the largest decertification victory in our client’s history.
Representative Matter

Large US based retailer

Won summary judgment for national retailer in a $5 million adversary proceeding in the United States Bankruptcy Court for the District of New Jersey.
Representative Matter

Large manufacturer

Effectively defended a large manufacturer following a catastrophic explosion in North Carolina that resulted in a multi-agency investigation, including reviews by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Chemical Safety and Hazard Investigation Board, and the North Carolina Department of Labor.
Representative Matter

Multiple plantiffs in class action

Obtained dismissal of a putative class action involving 34 plaintiffs on the grounds that the state law claims under the Illinois Wage Payment Act for failure to pay overtime were preempted by §301 of the LMRA and barred by failure to exhaust administrative remedies under a collective bargaining agreement. We later prevailed in the arbitration of subsequently-filed grievances on the grounds that they were untimely filed.
Representative Matter

Restaurant

Successfully represented prominent restaurant with multiple locations in New York City in a FLSA/New York state wage and hour matter.
Representative Matter

Chemical manufacturing company

Successful representation of a chemical manufacturing company in a decertification petition and prevailed in an objection hearing before the NLRB.
Representative Matter

Fortune 100 financial institution

Representative Matter

a company providing information technology, systems engineering and professional services to customers in the defense, federal civilian government, intelligence and commercial sectors

Representation of integrator of mission-critical IT systems in a Title VII race and retaliation case. The plaintiff alleged the company subjected him to a hostile work environment based on his race and illegally retaliated against him after he complained. The court granted summary judgment in favor of defendant on the plaintiff’s harassment claim and dismissed the plaintiff’s retaliation claim. Additionally, the court held that the plaintiff’s earlier complaints failed to constitute protected activity because they did not allege race-based discrimination.
Representative Matter

One of the world's largest grocery retailers

Managing in-house counsel in proceedings applying Federal Arbitration Act to state court proceedings to compel arbitration of employment-related claims.
Representative Matter

One of the world's largest grocery retailers

Managing in-house counsel in proceedings determining constitutional due process limits on punitive damages awards in multi-plaintiff sexual harassment case.
Representative Matter

Leading independent national distributor of natural, organic and specialty foods

Defense of a leading independent national distributor of natural, organic and specialty foods in successfully barring a plaintiff from recovering in a disability discrimination case.
Representative Matter

A beverage company

Arbitration decision and award denying grievance and upholding termination of employee with no prior discipline for sleeping on the job.
Case Study

Federal court upholds constitutionality of exclusive provider status for Manpower

McGuireWoods recently obtained dismissal of a constitutional challenge to a contract awarded to McGuireWoods' client Manpower. Manpower won a contract from the State of South Dakota which designated Manpower as the exclusive staffing provider to South Dakota’s WINS program. The WINS program is designed to attract out of state workers to South Dakota, where there is a shortage of skilled labor. South Dakota businesses who qualify for the program are permitted to use Manpower to search for out of state workers for a state-subsidized placement fee. The state also provides Manpower with a stipend to start up the program. more >>

Representative Matter

One of the largest wireless communications services providers in the United States

Representation of one of the largest wireless communications services providers in the United States in a lawsuit alleging retaliation in violation of Title VII and wrongful discharge in violation of North Carolina public policy. The judge entered an order dismissing the plaintiff’s case in its entirety, finding that the plaintiff failed to show facts establishing a prima facie case of retaliation, and that the plaintiff could not overcome defendant's legitimate nondiscriminatory and non-retaliatory reasons for her termination.
Case Study

McGuireWoods represents Plano Molding in Frabill acquisition

McGuireWoods LLP announced today that it represented Plano Molding Company in its acquisition of Frabill Inc. The transaction, which was announced on Monday, closed on June 15. It brings together under one roof Plano, the worldwide leader in fishing tackle storage systems, and Frabill, the North American leader in live bait storage, landing nets and portable ice fishing shelters and related accessories.

Case Study

Win for PFG in California meal-break action receives media coverage

Los Angeles labor and employment attorneys Matthew Kane, Michael Mandel, Sabrina Beldner and Sylvia Kim have won the dismissal of a California meal-break violations class action brought against the Vistar and Roma Food divisions of client Performance Food Group (PFG). On Feb. 8, 2012, the U.S. District Court for the Central District of California granted PFG’s motion to dismiss the plaintiffs’ second amended complaint on the grounds that California’s meal-break laws and all of the plaintiff’s claims based on alleged violations of those laws are preempted by the Federal Aviation Administration Authorization Act (FAAAA), which expressly preempts state laws that have a significant impact on the routes, services or prices of federally-regulated motor carriers.

Results 1-20 of 85
Results 1-25 of 85
Show All
Latoya Asia Latoya C. Asia
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1089
F: +1 804 698 2114
vCard
Steven N Baker Steven N. Baker
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2262
F: +1 704 353 6172
vCard
Brian D Barger Brian D. Barger
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2072
F: +1 704 343 2300
vCard
John S Barr John S. Barr
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4709
F: +1 804 698 2238
vCard
Sabrina A Beldner Sabrina A. Beldner
Senior Counsel
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 956 3419
F: +1 310 956 3119
vCard
Sarah A Belger Sarah A. Belger
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5350
F: +1 703 712 5299
vCard
Austin F Breen Austin F. Breen
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8963
F: +1 704 353 6198
vCard
Thomas R Brice Thomas R. Brice
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 2629
F: +1 904 360 6335
vCard
Kimberly Q Cacheris Kimberly Q. Cacheris
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8954
F: +1 704 373 8825
vCard
Scott S Cairns Scott S. Cairns
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +1 904 798 3223
F: +1 904 798 3261
vCard

T:+44 20 7632 1600
F: +44 20 7632 1638

Douglas W Charnas Douglas W. Charnas
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1757
F: +1 202 828 2980
vCard
Terry Danish Teri L. Danish
Senior Counsel
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 832 214 9911
F: +1 832 214 9915
vCard
Elizabeth Diller Elizabeth A. Diller
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4358
F: +1 804 698 2195
vCard
Michael J DiMattia Michael J. DiMattia
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7009
F: +1 212 715 2312
vCard
Susan Pyle Dion Susan Pyle Dion
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8951
F: +1 704 353 6162
vCard
Kevin Duddlestein Kevin M. Duddlesten
Partner
816 Congress Avenue
Suite 940
Austin, TX 78701-2442

T: +1 512 617 4516
F: +1 512 617 4586
vCard
Edward M Eakin III Edward M. Eakin III
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1153
F: +1 804 440 7730
vCard
Ronda Brown Esaw Ronda Brown Esaw
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5392
F: +1 703 712 5251
vCard
Nancy J Fonti Nancy J. Fonti
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5738
F: +1 404 443 5674
vCard
Coraline Fourniols Coraline F. Fourniols
Trainee Solicitor
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1645
F: +44 20 7632 1638
vCard
Brad A Funari Brad A. Funari
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7988
F: +1 412 667 7976
vCard
Philip A Goldstein Philip A. Goldstein
Counsel
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 2167
F: +1 212 548 2150
vCard
Robyn S Gray Robyn S. Gray
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1227
F: +1 804 698 2138
vCard
David L Greenspan David L. Greenspan
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5096
F: +1 703 712 5214
vCard
Jonathan P Harmon Jonathan P. Harmon
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4712
F: +1 804 698 2073
vCard
Results 1-20 of 20
Event

Meeting OFCCP Compliance Challenges in 2014

December 5, 2013
Richmond, VA
Event

California Employment Law Developments

December 5, 2012
Complimentary Webinar
Speaking Engagement

Employment Law Institute 2012

PLI

October 22-23, 2012
New York, NY
Speaking Engagement

PLI's Employment Law Institute 2012

October 22-23, 2012
Event

Understanding E-Verify Mandates

March 20, 2012
McGuireWoods Webinar
Event

9th Annual Nonprofit Seminar

The Impact of Tax and Economic Challenges on Nonprofits

October 2011
Richmond, VA, Charlottesville, VA, and Charlotte, NC
Speaking Engagement

Regent University School of Law: Labor and Employment Law

September 21, 2010
Event

Healthcare Reform Webinar

Introduction to the Patient Protection and Affordable Care Act and Health Care and Education Affordability Reconciliation Act

April 29, 2010
Event

OSHA Turns Up the Enforcement Heat

February 25, 2010
Speaking Engagement

Northern Virginia Criminal Justice Academy Legal Seminar

Employment Law

June 2, 2009
Speaking Engagement

February Chapter Meeting

Hot Topics in Employment Law

February 24, 2009
Speaking Engagement

NOVA-SHRM Annual Employment Seminar

February 24, 2009
Event

California Employment Law Developments

December 11, 2008
Speaking Engagement

Long Term Care and the Law (American Health Lawyers Association)

Wage and Hour Law: Recent Developments and Issues Facing Health Care Employers

February 21, 2007
Results 1-20 of 20
Results 1-20 of 338
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Legal Alert

NLRB Continues Its Focus On Social Media

January 27, 2014
Legal Alert

2014 Food Industry Outlook

January 8, 2014
Legal Alert

Tuomey Ordered to Pay $237.5 Million for Stark and False Claims Act Violations

Key Lessons for Providers

October 4, 2013
Legal Alert

North Carolina Enacts Regulatory Reform Act Of 2013

All State Rules Subject To Review And Potential Repeal

August 23, 2013
Results 1-20 of 338