dcsimg Labor and Employment

Labor and Employment

McGuireWoods offers clients access to 75 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
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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

Airport retail management company

Representation of an airport retail management company in the negotiation of a favorable collective bargaining agreement.
Representative Matter

Steel manufacturer and distributor

Assist steel manufacturer and distributor in successfully negotiating a collective bargaining agreement for the company.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in the defense of a motion for class certification of California and Washington off-the-clock claims for overtime, minimum wages and derivative statutory violations, and currently serving as lead defense counsel in this MDL proceeding that includes over 20 transferred class and collective actions.
Representative Matter

Fortune 300 mutual life insurance company

Member of national litigation counsel panel for Fortune 300 mutual life insurance company's ERISA and individual disability policy lawsuits.
Representative Matter

Global paper and packaging company

Defense of a global paper and packaging company in disability retirement benefit and pension benefit claims throughout the United States, including in North Carolina, South Carolina, Georgia, Alabama, Arkansas, Connecticut, Ohio, Pennsylvania, Oregon, Washington and Texas.
Representative Matter

Fortune 100 financial institution

Serving as co-lead national counsel to Fortune 100 financial institution for its single-plaintiff employment litigation in Virginia, West Virginia, North Carolina, South Carolina, Pennsylvania, Ohio, Indiana, Arkansas, Oklahoma, Texas, New Mexico, Arizona and California.
Representative Matter

Fortune 100 financial institution

Defense of Fortune 100 financial institution against OFCCP allegations that the company engaged in a pattern or practice of intentional discrimination against all African-American candidates for employment in certain job groups.
Representative Matter

Health system

Representation of a health system against the appeal of a long term employee to the NY State Appellate Division 3rd Department concerning the denial of unemployment benefits. Favorable settlement.
Representative Matter

Fortune 500 gas and electric utility

Representation of a Fortune 500 gas and electric utility in negotiations with the EEOC concerning allegations that the company insisted that certain employees sign general release agreements that contained provisions that violate Title VII.
Representative Matter

Provider of market intelligence, data, and technology solutions

Advised provider of market intelligence, data, and technology solutions to the global capital markets on the acquisition by its English subsidiary of a BVI-registered provider of web-based systems for loan syndication and its group for $31.5 million (subject to adjustments).
Representative Matter

Workforce solutions and services provider company

Representation of a workforce solutions and services provider company in the defense of class action brought by temporary services employee alleging violations of California wage and hour laws. The court granted our client summary judgment on plaintiff’s claim for waiting time penalties under Cal. Lab. Code § 201.3 for late payment of weekly wages on the basis that there is no private right of action for such a claim. The court also held, as we argued, the date of mailing such wages constitutes the date of payment, and not the date of receipt by the employee by mail, as long as the mailing occurs on or before the regular weekly payday.
Results 1-20 of 120
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Igor Babichenko Igor Babichenko
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7617
F: +1 804 698 2029
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
Robyn S Gray Robyn Gray Davis
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1227
F: +1 804 698 2138
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
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6419
F: +1 214 273 7484
vCard
Mathew D. Dudek
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8113
F: +1 312 698 4517
vCard
Richard Dudley Richard Dudley
Associate
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7986
F: +1 412 667 7977
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
Peter Farley Peter N Farley
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5623
F: +1 404 443 5680
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
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
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
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Speaking Engagement

Employment Law Institute 2014

Ethics for Employment Lawyers: Defining What Lawyers Do and Where They Can Do It

October 21, 2014
New York, NY and Live Webcast
Event

Office Gossip Around the Virtual Water Cooler

Tips for Employers on Handling Employee Comments on Social Media

September 25, 2014
Complimentary Webinar
Event

Meeting OFCCP Compliance Challenges in 2014

December 5, 2013
Richmond, VA
Event

Managing Employees in Extraordinary Circumstances

April 18, 2013
London
United Kingdom
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

NOVA-SHRM Annual Employment Seminar

February 24, 2009
Speaking Engagement

February Chapter Meeting

Hot Topics in Employment Law

February 24, 2009
Event

California Employment Law Developments

December 11, 2008
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Results 1-20 of 359