Labor & Employment

McGuireWoods’ clients include local, national and multinational employers ranging from Fortune 500 companies to small businesses and nonprofits. With more than 70 lawyers in the United States and Europe, our labor and employment team handles upwards of 4,000 employment-related matters each year. 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.

Our depth and experience crosses key areas of employment law, including wage and hour class and collective actions; large portfolios ranging from single-plaintiff statutory claims to systemic class actions across the country; traditional labor work; and OFCCP audits and counseling.

McGuireWoods’ L&E lawyers work with clients proactively to prevent, triage, defend and resolve internal and external workplace disputes, claims and litigation. We 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 clients from federal and state civil rights and antidiscrimination claims, trade secret and employee raiding actions, wage and hour class and collective actions, and whistle-blower and other suits. We also represent employers in a range of administrative proceedings involving charges of discrimination filed with the EEOC and state and local human rights agencies, Department of Labor compliance checks and audits, and administrative wage claims.



    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.


    Colonial Williamsburg Foundation Wins Summary Judgment in Gluten Discrimination Suit

    Representation of Colonial Williamsburg Foundation in a gluten discrimination case that generated national media attention. A Norfolk federal court granted summary judgment on the grounds that CWF was not required to modify its “no outside food” policy when a patron wanted to consume his own food inside the establishment. The court found that CWF provides adequate alternatives, including gluten-free meals, for customers with special dietary needs.


    False Identification and I-9 Compliance Investigation

    Advising a manufacturing company in an I-9 investigation brought by the U.S. Attorney’s Office for the Eastern District of Virginia related to whether company personnel had been involved in knowingly hiring of employees not authorized to work in the United States who presented false identification, assisting employees in obtaining false identification and otherwise failing to comply with I-9 requirements.


    I-9 Compliance and Internal Investigation

    Representation a major Fortune 500 company an in internal investigation related to I-9 Compliance. Conducted internal investigation regarding complaint of alleged fraudulent document ring. Conducted on-site interviews and analysis of I-9 files. Counseled client on use of verification methods in determining employees’ work authorization and on issues regarding Union involvement.


    Immigration Counsel for Over a Decade

    Provide ongoing advice and representation to international financial analytics provider, with several foreign subsidiaries, on hiring foreign workers in various non-immigrant statuses in a variety of categories, including H-1B, L (including blanket L), TN, E-3, and F-1; and obtaining green cards based on labor certifications and as multinational managers.

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