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Scott D. Huffstetler

Scott Huffstetler is a partner in the Baton Rouge office of Kean Miller.  Prior to joining the firm, he served as a Law Clerk to United States District Court Judge Frank J. Polozola, Middle District of Louisiana. Scott practices in the firm’s labor and employment law group. He advises and represents employers on a variety of labor and employment issues, including discrimination, harassment and retaliation litigation; administrative proceedings before the Department of Labor, Equal Employment Opportunity Commission, Louisiana Commission on Human Rights and Occupational Safety and Health Administration; traditional labor litigation under Section 301 of the Labor Management Relations Act; day-to-day advice regarding the ADA, FLSA, FMLA, NLRB, OSHA, Title VII and state employment laws regarding employment discrimination, wage payment, workers compensation, and unemployment compensation; corporate training regarding discrimination and traditional labor matters; and employment contracts, covenants not to compete, other restrictive covenants and confidentiality agreements.

Scott has particular experience in defending employers in discrimination, harassment, and retaliation lawsuits in state and federal courts. In addition to his labor and employment experience, Scott also represents clients in general litigation matters, such as premises liability, commercial litigation, succession disputes, and redhibition and warranty suits.

Scott is listed as a Rising Star in Louisiana Super Lawyers, 2015-2016.

Representative Experience

  • Representation of national industrial construction services provider in race harassment and constructive discharge claims federal court lawsuit brought by the United States Equal Employment Opportunity Commission (EEOC) on behalf of three former and/or current employees. The litigation was favorably resolved with the EEOC abandoning its claims on behalf of two of the three employees, and the third employee's claims being settled for a nominal amount.
  • Obtained a motion for summary judgment for a global integrated energy company.  In the underlying suit, an employee of the company’s industrial facility claimed his employment had been terminated because of his race.  After an earlier partial dispositive motion victory, six depositions, and extensive written discovery and document production, the Court granted our team’s motion and dismissed the plaintiff’s case three weeks before the scheduled jury trial.
  • Representation/oral argument on behalf of global manufacturer in appeal of favorable summary judgment ruling in ADEA discrimination case that was successfully affirmed in employer’s favor before the United States Court of Appeals, Fifth Circuit
  • Representation of global manufacturer in Title VII race discrimination suit based on a work-rule violation termination that was successfully dismissed on motion for summary judgment
  • Representation of global manufacturer in ADEA discrimination suit based on a reduction-in-force that was successfully dismissed on motion for summary judgment
  • Representation of global energy company in suit for retroactive benefits under the Employee Retirement Income Security Act (ERISA) that was successfully dismissed on motion for summary judgment
  • Representation of international convenience store company in ADEA discrimination suit that was successfully dismissed on motion for summary judgment
  • Representation of numerous employers (including industrial contractors and manufacturers, global claims management services provider, national provider of billboards, national prison contractor, and regional marine tankerman services provider) in defending numerous EEOC charges of discrimination, most of which resulted in no cause findings
  • Representation of medical services provider in suit to enforce non-competition clause with former employee and partner that was successfully adjudicated in favor of the employer on motion for summary judgment
  • Representation of global rubber manufacturer during negotiation of favorable informal settlement agreement after issuance of citation with several Process Safety Management (PSM) related items and fines, troublesome classifications, and onerous abatement deadlines
  • Representation of industrial construction contractor during negotiation of favorable informal settlement agreement after issuance of citation with several items related to OSHA recordkeeping violations
  • Representation of refinery and site storage facilities during OSHA inspections
  • Provided OSHA training for supervisors and managers in anticipation of inspections under OSHA’s National Emphasis Program (NEP)
  • Representation of a chemical facility in CSB and OSHA investigations involving an explosion and fire
  • Representation of a chemical facility during extensive plant-wide OSHA NEP investigation
  • Representation of medical services provider in Department of Labor, Wage and Hour investigation of alleged Family Medical Leave Act (FMLA) violations
  • Representation of municipality during Department of Justice investigation of alleged systemic race discrimination which resulted in Department deciding not to pursue allegations

Education

Scott earned his B.A. in Political Science and minor in English from Louisiana State University in 2000. He earned his J.D. in 2003 from the LSU Law Center where he was a member of the Order of the Coif. In law school, Scott was a member of Phi Delta Phi and served on the Board of Editors for the Louisiana Law Review. He was awarded the Russell B. Long Federal Courts Award by the local chapter of the Federal Bar Association.

Admissions

  • Admitted, Louisiana, 2003; United States District Courts for the Eastern, Middle, and Western Districts of Louisiana; United States Court of Appeals,  Fifth Circuit

Memberships

  • Baton Rouge, Louisiana State and Federal Bar Associations; Society for Human Resource Management (SHRM); Defense Research Institute (DRI); Greater Baton Rouge Society for Human Resource Management (SHRM)

Articles, Publications and Presentations

  • OSHA Announces Final Rule Making Information on Workplace Injuries and Illnesses Available Online, Louisiana Law Blog, May 10, 2016
  • Website Accessibility and ADA Litigation, Louisiana Law Blog, February 19, 2016.
  • Common Workplace Issues Under The ADA, Louisiana Assisted Living Association, Baton Rouge, Louisiana, November 12, 2015
  • Common Workplace Issues Under The ADA, Kean Miller Labor and Employment Seminar, Baton Rouge, Louisiana, October 9, 2015
  • The Basics of Louisiana Employment Law, Nuts and Bolts CLE, Baton Rouge Bar Association, Baton Rouge, Louisiana, May 8, 2015
  • A Refresher on Assessing Performance and the Discipline and Termination of Employees, 2014 Annual Labor and Employment Seminar, Baton Rouge, Louisiana, October 10, 2014
  • Managing the OSHA Inspection Process, Managing Risks OSHA PSM and EPA RMP Standards, OSHA Seminar, Kean Miller Conference Center, Baton Rouge, Louisiana, September 12, 2014
  • An Overview of Employee Handbooks, 2014 LMGMA Annual Conference, Baton Rouge, Louisiana, April 25, 2014
  • Conducting Internal Investigations Regarding Employee Conduct, 2013 Kean Miller Employment Update, Baton Rouge, Louisiana, October 25, 2013
  • Defending Employment Discrimination Claims on the Front End, LMGMA Meeting, New Orleans, Louisiana, August 2013
  • 2013 and Beyond! Labor and Employment Law of the Future, HR Solutions, Baton Rouge, Louisiana, January 2013
  • Conducting Internal Investigations Regarding Employee Conduct, Outside Insights: the CLE for In-House Counsel, Baton Rouge, Louisiana, December 2012
  • Taking Steps to Decrease Risks During the Termination Process, Kean Miller Labor and Employment Seminar, White Oak Plantation, November 2012
  • Employer Expectations in Proceedings Before the EEOC, Kean Miller Labor and Employment Seminar, the Ritz Carlton, New Orleans, Louisiana, November 2011
  • Breach of Employment Contract, Litigation and Liability in the Workplace CLE Program, LSU Law Center, September 23, 2011
  • Defending Discrimination Claims on the Front End, Kean Miller LLP Labor and Employment Seminar, April 14, 2010
  • Sexual Harassment: Legal Update and Incident Resolution, Webinar, Louisiana Municipal Association, May 20, 2010
  • Ethics for the HR Professional, Greater Baton Rouge SHRM Meeting, August 2009
  • Reductions in Force: An Employer Option During Tough Economic Times, Kean Miller Labor and Employment Seminar, April 15, 2009
  • The Tangled Web of the FMLA and the ADA, Kean Miller Labor and Employment Seminar, April 2008
  • Lecturer, Recent Developments in Sexual Harassment Litigation, Louisiana City Attorneys Association Fall Conference, Baton Rouge, Louisiana, November 9, 2007
  • Labor & Employment Wheel of Fortune, Various Chemical Companies Seminar, San Antonio, Texas, October 9, 2007
  • Protecting Your Employees' Personal Identifying Information, Kean Miller Labor and Employment Seminar, White Oak Plantation, Baton Rouge, Louisiana, May 18, 2007
  • Labor & Employment Wheel of Fortune, Various Chemical Companies Seminar, New Orleans, Louisiana, April 26, 2007
  • Some Issues Regarding Employee Handbooks, Baton Rouge Job Center & Employer Committee Meeting, Louisiana Department of Labor, Baton Rouge, Louisiana, November 6, 2006
  • A Few Comments about the FMLA and the ADA and Employees Who Are Ill, Various Chemical Companies Seminar, Austin, Texas, October 19, 2006
  • "You're Fired!" It's Not As Easy As Trump Makes It Look," Bayou Society of Human Resource Managers, Thibodaux, Louisiana, October, 2006
  • "You're Fired!" It's Not As Easy As Trump Makes It Look," Kean Miller Labor and Employment Seminar, White Oak Plantation, Baton Rouge, Louisiana, April 19, 2006
  • Race Discrimination In A Diverse World, Kean Miller Labor and Employment Seminar, The Camelot Club, Baton Rouge, Louisiana, May 18, 2005
  • Don't Fence Me In: Louisiana's Fourth Circuit Expands "Voluntariness" Under Louisiana Civil Code Article 693, 63 Louisiana Law Review 111, 2002

Community Service

  • Board of Trustees, Paul M. Hebert Law Center, Baton Rouge, Louisiana, 2003-2004
  • Volunteer Committee, 2004-2006; Law Day Committee, 2004; Belly-Up with the Bar Committee, 2006- 2007; Law Expo Committee, 2006-2007, Baton Rouge Bar Association
  • Chairman, Younger Lawyers Division, Federal Bar Association, Baton Rouge Chapter, 2006-2008
  • Secretary, Federal Bar Association, Baton Rouge Chapter, 2008-2009
  • Treasurer, Federal Bar Association, Baton Rouge Chapter, 2009-2010
  • Board of Directors, 2006-2012; Secretary/Treasurer, 2008-2012, Hospice of Baton Rouge
  • Member, First Baptist Church of Denham Springs, Louisiana
  • Board Member, Livingston Parish Parks and Recreation Board, 2014 - present
  • Board of Directors, Louisiana Association of Non-Profit Organizations, 2015 - present
  • Board of Directors, Family Road of Greater Baton Rouge

Reported Cases

  • Broussard v. First Tower Loan, LLC, _ F.Supp.3d_ (E.D. La. 2015)
  • Jeavons v. Exxon Mobil Corp., 103 F.Supp.3d 816 (M.D. La. 2015)
  • Lemoine v. Baton Rouge Physical Therapy, LLP, 2013-0404 (La. App. 1 Cir. 12/27/13), 135 So. 3d 771
  • Walton-Lentz v. Innophos, Inc., 476 Fed. Appx. 566 (5th Cir. 2012)
  • Wilson v. Exxon Mobil Corp., 575 Fed. Appx. 309 (5th Circ. 2014)
  • Paper, Allied-Industrial Chemical and Energy Workers Intern. Union, Local 4-12 v. Exxon Mobil Corp., 657 F.3d 272 (5th Cir. 2011)
  • Broussard v. ConocoPhillips, 37 Employee Benefits Cas. 2226 (W.D. La. 2006)
  • Butler v. Exxon Mobil Corporation, 838 F.Supp.2d 473 (M.D.La. 2012)

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