CWM Attorneys Named to 2019 Best Lawyers® in America

Crenshaw, Ware & Martin PLC is pleased to announce that the following lawyers have been named to the 25th Edition of Best Lawyers in America. James L. Chapman IV Admiralty and Maritime Law Commercial Litigation Howard W. Martin, Jr Real Estate Law Donald C. Schultz Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law Eminent Domain and […]

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Make sure your cybersecurity team includes a breach lawyer

Imagine coming to work and being greeted by a sign on the door instructing you not to turn on your computer because your company’s network has been breached. Published in Inside Business, Expert Column >  Click here to read full article

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Ganley Joins Crenshaw, Ware & Martin

The law firm of Crenshaw, Ware & Martin, P.L.C. is pleased to announce that Christine Ganley has joined the firm as an associate attorney practicing with the firm’s litigation team.  She will focus on Admiralty and Maritime Law and Business Disputes.  Christine received her B.A. from Trinity College in Hartford, Connecticut and her J.D. from […]

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If a Worker Calls Himself an Independent Contractor, Isn’t that Enough?

the situation A worker enters into an independent contractor agreement with a company to provide some general maintenance work.  But then after the worker is injured in an accident, he claims he is entitled to disability benefits as an employee of the company, along with some unpaid overtime.  Is there any way for him to […]

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Could Pre-Employment Strength Testing Equal Discrimination?

the situation Prior to hiring candidates for specific positions with certain physical requirements, an employer requires the candidates to undergo a strength test.  If this ends up weeding out more women than men, could this be discriminatory? the ruling It could be.  CSX Transportation, Inc. just agreed to pay $3.2 million and provide some other […]

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Is a Policy Requiring Employees to be 100% Healed Before Returning to Work a Problem?

the situation A company implements a policy under which any employee must be 100% healed from any medical condition before returning to work.  Is this lawful? the ruling Probably not.  A few months ago, the EEOC filed a lawsuit against Nevada Restaurant Services, a Nevada company that operates slot machines, taverns and casinos, based on […]

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Could Changing Your Mind About a Promotion After an Employee’s Use of FMLA Leave Equal Retaliation?

the situation An employer has talked with an employee about possibly putting him in a new sales position.  Before that can happen, the employee develops a medical condition which necessitates him being out of work for a month and taking FMLA leave. When he returns, he informs the employer that he will not be able […]

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Is Calling Someone “Boy” Discriminatory?

the situation A supervisor repeatedly calls an employee “boy,” even after the employee requests that he stop referring to him in that way. After the employee is fired, he claims that he was subjected to discrimination in violation of Title VII.  Can calling him “boy” support such a claim? the ruling It depends on a […]

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Even Busta Rhymes Can’t Keep Settlement of Unpaid Overtime Claim Confidential

the situation An employer decides to settle a claim brought by an employee under the FLSA for unpaid overtime.  The employer would like to keep the settlement confidential—is that okay? the ruling Most likely no.  A federal court in New York recently rejected the parties’ joint motion for settlement approval that would have kept the […]

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Is a No-Spanish Policy Discriminatory?

the situation A retail company rolls out a new policy prohibiting employees from speaking Spanish in front of customers.  At one store, a manager takes it a step further and tells employees they are not to speak Spanish at all while on store premises, even if on break.  Does this constitute national origin discrimination? the […]

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