Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements...more
8/2/2024
/ Arbitration ,
Biden Administration ,
Employer Liability Issues ,
Federal Labor Laws ,
Hostile Environment ,
New Legislation ,
Non-Disclosure Agreement ,
Rest and Meal Break ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unenforceable Contract Terms
On February 22, 2023, the Supreme Court of the United States ruled that a former oil rig employee who was paid a daily rate that totaled more than $200,000 annually is entitled to overtime pay under the Fair Labor Standards...more
On June 21, 2022, Louisiana Governor John Bel Edwards signed into law legislation prohibiting employment discrimination on the basis of hairstyles or textures historically associated with race. The CROWN Act (House Bill No....more
In the first ruling from a federal appellate court examining COVID-19–related layoffs and the Worker Adjustment and Retraining Notification (WARN) Act, the Fifth Circuit Court of Appeals held in Easom v. US Well Services,...more
A recent opinion from the United States Court of Appeals for the Fifth Circuit applying Louisiana’s restrictive law governing noncompetition agreements, reminds employers of the importance of establishing an employee-employer...more
Advanced Medical Rehab, L.L.C. (AMR), is a marketing company that represents several medical clinics in Louisiana and markets the medical services of those clinics to personal injury law firms. When AMR learned that Shelby...more
Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime...more
6/4/2021
/ Appeals ,
Civil Rights Act ,
Constructive Discharge ,
Employer Liability Issues ,
Hostile Environment ,
Jones Act ,
Maritime Transport ,
Motion to Dismiss ,
Negligent Infliction of Emotional Distress ,
Preemption ,
Race Discrimination ,
Remand ,
Reversal ,
Summary Judgment
On December 22, 2020, New Orleans Mayor LaToya Cantrell signed into law the CROWN Act (Calendar No. 33,184). The new law prohibits employment discrimination in the City of New Orleans based on hairstyles....more
The Louisiana First Circuit Court of Appeal recently held in Derbonne v. State Police Commission, No. 2019 CA 1455 (October 14, 2020), that an employee whose duties require that he or she report violations of state law is not...more
Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more
10/19/2018
/ Appeals ,
Civil Rights Act ,
Dismissals ,
Employer Liability Issues ,
Employment Discrimination ,
Job Promotions ,
Public Employees ,
Race Discrimination ,
State Law Claims ,
Summary Judgment ,
Title VII
The Fifth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Louisiana’s grant of summary judgment under the Louisiana whistleblower law, Louisiana Revised Statutes section 23:967, in favor...more
The Louisiana Fifth Circuit Court of Appeal has held that painters may be treated as independent contractors if they bring some of their own tools, control their own schedules, and make decisions on how to complete the work...more
Workplace harassment is one of the many problems that Louisiana employers may encounter. The national media has recently published several stories concerning high-profile cases of sexual predation and harassment. In addition,...more
Answering a question certified by the United States Court of Appeals for the Fifth Circuit, the Louisiana Supreme Court has ruled that the term “good faith,” as used in the whistleblower section of the Louisiana Environmental...more
A Louisiana appellate court has ruled an employee may sue her employer for negligence for injuries sustained on the job when the injuries resulted from a dispute that began outside of work. The case is particularly...more
The Louisiana Workforce Commission (LWC) is on track for a second consecutive record-setting year in identifying workers misclassified by employers as independent contractors, according to a recent announcement by the LWC. In...more
In what should serve as a cautionary tale to employers with noncompete agreements, a federal court in the Eastern District of Louisiana allowed an unfair trade practices claim to survive against an employer that attempted to...more