Mask mandates, with certain exceptions, are ending in Louisiana. This week, Louisiana’s governor lifted the statewide mandate, which allowed cities to impose their own mandates. New Orleans’ mandate, which has been in effect...more
On June 10, 2021, the Louisiana State Legislature passed House Bill (HB) No. 379, a measure that provides for civil liability for injuries caused to individuals who have experienced sexual assault in the workplace, as defined...more
11/1/2021
/ Attorney's Fees ,
Civil Code ,
Civil Liability ,
Criminal Code ,
Damages ,
Governor Bel Edwards ,
Pending Legislation ,
Punitive Damages ,
Sexual Assault ,
Special Damages ,
Workplace Violence
On August 12, 2021, New Orleans Mayor LaToya Cantrell and the City of New Orleans Health Department announced updated Guidelines for COVID-19 Reopening, which require individuals to provide proof of “having received at least...more
On August 1, 2021, Louisiana stopped paying the $300 weekly supplemental unemployment benefit payment provided by federal law. Prior to the elimination of the benefit, six Louisiana residents sued the Louisiana Workforce...more
On June 9, 2021, the Louisiana State Legislature passed House Bill (HB) No. 707, a measure that prohibits discrimination in employment based on criminal history records and that provides criteria for employers making hiring...more
Louisiana has become the first state with a Democratic governor to pass a law eliminating the $300-per-week supplemental unemployment benefit created by the federal American Rescue Plan Act of 2021 (ARPA). Under the new...more
On August 2, 2021, Louisiana Governor John Bel Edwards issued Proclamation Number 137 JBE 2021, reinstating a statewide mask mandate that requires all individuals, regardless of vaccination status, to wear masks “when...more
Louisiana has become the first state with a Democratic governor to pass a law eliminating the $300 per week supplemental unemployment benefit created by the federal American Rescue Plan Act of 2021 (ARPA). Under the new...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
The recent decided case of Duplessis Buick-GMC Truck, Inc. v. Chauncey offers Louisiana employers a powerful cause of action against highly trusted former employees for breach of fiduciary duty - one that is akin to an action...more
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
In 2015, Louisiana passed a law authorizing the prescription of marijuana for the treatment of certain qualifying medical conditions, such as glaucoma, cancer, and spastic quadriplegia. In 2018, the statutory list of...more
The Louisiana Second Circuit Court of Appeal recently held that a noncompetition provision under La. R.S 23:921 affecting a former member of an accounting limited liability company (LLC) could be reformed when the scope of...more
On June 10, 2019, the Supreme Court of the United States unanimously ruled that state wage and hour laws do not apply to offshore drilling workers where federal law addresses the relevant issue. In Parker Drilling Management...more
6/19/2019
/ Appeals ,
Choice-of-Law ,
Fair Labor Standards Act (FLSA) ,
Federal Enclave Rules ,
Federal Labor Laws ,
Federal v State Law Application ,
Offshore Drilling ,
On-Call Employees ,
Outer Continental Shelf Lands Act ,
Parker Drilling Management Services Ltd v Newton ,
Preemption ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of...more
3/26/2019
/ Appeals ,
Collective Actions ,
Consultants ,
De Novo Standard of Review ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Oil & Gas ,
Statute of Limitations ,
Summary Judgment ,
Wage and Hour ,
Well Drilling
When Jay Baker, the vice president of Causin, L.L.C., quit to create a competing business, Causin sued to enforce Baker’s nonsolicitation/noncompetition agreement. Baker defended the claim in part by arguing the agreement’s...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 recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political...more
Less than a year after the #MeToo movement began in earnest, it continues to impact boardrooms and statehouses. In May of 2018, Louisiana became the latest state to take action in support of the #MeToo movement, with its...more
The Louisiana First Circuit Court of Appeal recently ruled that the statute of limitations under Louisiana’s anti-discrimination law is only tolled during the pendency of an administrative or investigative review, not to...more
On March 23, 2018, in a 4–3 decision, the Louisiana Supreme Court refused to consider Louisiana Governor John Bel Edwards’s appeal of the Louisiana First Circuit Court of Appeal’s November 1, 2017, decision holding that...more
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
On December 1, 2017, Louisiana Governor John Bel Edwards (D) appealed a state appellate court decision holding that Executive Order JBE 2016 – 11, which seeks to protect the rights of lesbian, bisexual, gay, transgender...more