Services Labor & Employment

Our team provides three main services for employers: (1) preventative and day-to-day counseling and training, and assistance in drafting and revising employment contracts, policies, handbooks, and procedures; (2) defense of lawsuits and administrative agency proceedings; and (3) assistance in labor management (union) relations.

Kean Miller assists employers with the business aspects of the employer/employee relationship, including enforcing and defending against non-compete agreements, employee agreements, and in the drafting of policies and agreements governing non-competes, non-solicitation agreements, confidentiality agreements, email and computer use policies, and trade secret policies, among others. We advise employers with respect to compliance with state and federal wage payment requirements, including the federal Fair Labor Standards Act, as well as the Davis-Bacon Act. We also prepare drug policies and handle litigation associated with drug testing programs, draft personnel policies and employee manuals, and provide day-to-day advice on a wide range of employment matters. In addition, we advise clients on developing, drafting and implementing personnel and workers’ compensation policies and procedures, ensuring effective employment relations and compliance with Louisiana, Texas, and federal law.

We have extensive experience defending employment discrimination, harassment, and retaliation cases (e.g., age, disability, race, gender/sexual orientation, religion, FMLA interference, equal pay, and national origin) before the EEOC and various state agencies, and courts. We frequently litigate cases involving breach of business protection agreements and unfair trade practices, employee misappropriation of confidential information and trade secrets, and employee electronic activity under the federal Computer Fraud and Abuse and Wiretap Acts.

Our attorneys have extensive experience in FLSA, FCRA and collective wage and hour cases, and with ADA access cases. We assist our clients in the negotiation of collective bargaining agreements, advise clients on labor contract interpretation and the handling of grievances, and try labor arbitration cases. We handle injunctions and NLRB cases arising out of strikes, picket line violence, secondary boycotts, and jurisdictional disputes.

In addition, we defend employers who are subject to I-9 audits, immigration raids, OSHA onsite inspections and worker death investigations, and in state law causes of action brought by employees for allegations of defamation, intentional infliction of emotional distress, and invasion of privacy, among other state law claims.

Our employment attorneys also offer training for supervisors, managers, and human resources professionals. Examples of areas of training include discrimination and harassment, Americans with Disabilities Act, Family and Medical Leave Act, employment decisions affecting hiring, discipline, and firing, documentation of personnel issues, and investigation of employee complaints. We provide training on other types of issues, as needed by the individual employer. The training sessions are interactive and entertaining, with many opportunities to illustrate information by using skits and discussion formats.

We also represent employers in drafting, providing disclosure and reporting, interpreting and designing employee benefit plans.  We represent employers in examinations by the Employee Benefits Security Administration and the Internal Revenue Service. We advise fiduciaries to employee benefit plans, including potential prohibited transactions, corrective measures and reporting.

Areas of Expertise

• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Administrative proceedings
• Arbitration
• Class and collective actions
• Collective bargaining and collective bargaining agreements (CBAs)
• Defend Trade Secrets Act (DTSA)
• Drug testing
• Equal Employment Opportunity Commission (EEOC)
• Employee handbooks
• Employment agreements
• Employment discrimination
• Employment-at-will
• Employee Retirement Income Security Act (ERISA)
• Executive compensation
• Fair Credit Reporting Act (FCRA)
• Fair Labor Standards Act (FLSA)
• Family and Medical Leave Act (FMLA)
• Immigration law compliance
• Labor negotiations
• Leaves of absence/accommodations
• Litigation
• Managerial and leadership training
• National Labor Relations Board (RNLRB)
• Non-compete & non-solicitation agreements
• Occupational Safety and Health Administration (OSHA)
• Remote workforce compliance
• Retaliation
• Sexual harassment
• Title VII
• Unemployment claims
• Unfair trade practices
• Whistleblower/retaliation
• Workers’ compensation

Representative Experience

• Representation of a global integrated energy company in obtaining a summary judgment. In underlying suit, an employee claimed their employment had been terminated because of 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 of national chemical manufacturer in obtaining a summary judgement which was affirmed on appeal. In the underlying suit, the former employee’s claims included allegations of race and age discrimination as well as retaliation. Following discovery, the court granted the employer’s motion for summary judgment and dismissed the entire suit.
• Representation of a liquified natural gas company in collective action and class action lawsuit filed by current and former employees of the company’s contractors and subcontractors, in which the plaintiffs alleged violations of the Fair Labor Standards Act and Louisiana Wage Payment Act.
• Representation of a healthcare employer in obtaining a temporary restraining order enforcing a restrictive covenant. In the underlying suit, the former employee sought to establish a business contrary to the former employee’s restrictive covenant. The team was able to obtain a TRO to stop the violation of the restrictive covenant.
• Representation of national chemical manufacturer in a successful arbitration of a wrongful termination claim arising under the employer’s collective bargaining agreement with its union-represented employees. Following the employee’s termination, the union representing the bargaining unit workers grieved the termination and took the matter to arbitration. After all the evidence and testimony were presented at arbitration, and after post-hearing briefing, the arbitrator ruled in the employer’s favor, affirming the termination.
• Representation of an international integrated chemicals and energy company in the defense of administrative charges in multiple states, as well as in lawsuits pending on state and federal courts, including a lawsuit filed by a former employee alleging claims of race discrimination, national origin discrimination, retaliation, disability discrimination, failure to accommodate, failure to engage in the interactive process, and alleged violations of the Family and Medical Leave Act.
• Representation of regional power provider in the negotiation of the collective bargaining agreements with the union-represented employees. The team has negotiated multiple CBA renewals and has provided consistent representation and advice such that the bargaining parties look to our leadership in the negotiations.
• Representation of a large multistate company in successfully prosecuting a Defend Trade Secrets lawsuit to enforce restrictive covenants against a group of former employees who departed and tried to set up competing venue, resulting in cessation of anticompetitive practices.
• Representation of a national petroleum services provider as nationwide labor and employment counsel in defending EEOC charges of discrimination, successfully managing dockets in multiple jurisdictions.
• Representation of national, publicly traded, discount retailer with locations across North America in employment-related litigation and arbitration matters. Past matters involved litigation over wage payment issues, age discrimination, retaliation, harassment, and hostile work environment.
• Representation of employer clients in multiple FLSA collective actions, including hybrid collective-class actions, in Louisiana and other states.
• Representation of national industrial and commercial service providers, national chemical manufacturers, multistate industrial and commercial employers, and other multistate businesses in day-to-day labor and employment issues and on employment policy issues.
• Representation of multiple location health services provider in multiyear examination of employee benefit plans by Department of Labor and providing guidance to employer’s plan auditor.
• Conducts workplace investigations for firm clients, including leading internal investigations of matters involving claims of discrimination, executive misconduct, and hostile work environment.
• Service as seconded counsel to international chemical manufacturer. Following a multi-billion-dollar transaction, served as seconded counsel, on site, to support the client on a local, national, and international basis following the transaction.
• Advice and representation of in-state and out-of-state employers on unique aspects of Louisiana employment law, including wage payment issues, garnishments, and restrictive covenants.