Searching Content by Andrew Burnside from Ogletree, Deakins, Nash, Smoak & Stewart ordered by Published Date Descending.
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Offshore Oil Rig Workers' Overtime Claims Governed By FLSA, Not California Law
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.
United States
21 Jun 2019
Fifth Circuit Holds Directional Drillers Are Independent Contractors
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, ...
United States
28 Mar 2019
Louisiana Court Finds Nonsolicitation/Noncompetition Agreement Is Enforceable
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.
United States
5 Mar 2019
New Orleans Charter School Operator Ordered To Bargain With Union
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).
United States
22 Oct 2018
Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides The Exclusive Basis For Employment Discrimination Claim
Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL),
United States
22 Oct 2018
Louisiana #Metoo Law Requires Sexual Harassment Policies, Training, And Reporting For State Agencies
Less than a year after the #MeToo movement began in earnest, it continues to impact boardrooms and statehouses.
United States
8 Jun 2018
Louisiana Court Clarifies Prescriptive Period Under State Employment Discrimination Law
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 exceed 18 months.
United States
3 May 2018
Louisiana Supreme Court Rejects Governor's Appeal Of LGBT Executive Order Ruling
The court's refusal is the final decision on Executive Order JBE 2016 – 11. The order is unconstitutional as a matter of law.
United States
10 Apr 2018
Fifth Circuit Emphasizes Narrowed Liability For Employee Transfer Under The Louisiana Whistleblower Statute
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...
United States
15 Mar 2018
Louisiana Court Upholds Ruling That House Painters Are Independent Contractors
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 for which they have been hired.
United States
19 Feb 2018
Louisiana Governor Appeals LGBT Executive Order Ruling To State Supreme Court
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...
United States
12 Dec 2017
What Louisiana Employers Need For An Effective Harassment Policy
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.
United States
28 Nov 2017
Louisiana Court Finds Executive Order Extending Protections To LGBT Employees Of State Contractors Unconstitutional
In April of 2016, Louisiana Governor John Bel Edwards signed Executive Order JBE 2016 – 11, which sought to protect lesbian, bisexual, gay, and transgender individuals, among other protected...
United States
3 Nov 2017
10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption
In a recent ruling, the Tenth Circuit Court of Appeals affirmed a district court's order granting summary judgment in which the district court held that an employee may be exempt from overtime under Colorado's motor carrier exemption even when the employee does not actually travel out of state.
United States
16 May 2017
Louisiana Court Holds Employer Responsible For Failing To Protect Employee From Off-Duty Threat Of Violence By Coworker
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.
United States
5 May 2017
New Orleans Mayor Signs Executive Order Prohibiting Wage History Inquires
On January 25, 2017, New Orleans Mayor Mitch Landrieu signed Executive Order MJL17-01, which prohibits questions about salary history during the application process for persons seeking employment...
United States
14 Feb 2017
Louisiana Executive Order Extending Protections To LGBT Employees Of State Contractors Enjoined
In June, we reported that in April 2016, Louisiana Governor John Bel Edwards (D) signed Executive Order JBE 2016 – 11, which sought to protect lesbian, bisexual, gay, and transgender individuals, among other protected classes, from discrimination practiced by state contractors.
United States
21 Dec 2016
Louisiana Supreme Court Bounces Out On Arbitration Clause
A recent Louisiana Supreme Court decision over the enforceability of an arbitration clause has the justices battling it out. Against well-established precedent favoring arbitration clauses, the court recently found that a provision in an indoor trampoline park's participant agreement was unenforceable because it was adhesionary and lacked mutuality of consent.
United States
7 Dec 2016
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