View Recent Blog Posts in Labor and Employment Law

  • Class Action Waivers Are Enforceable Even Without an Arbitration Agreement, Says the Fifth Circuit By Erin L. Kilgore and Scott D. Huffstetler On Monday, a Fifth Circuit majority held that a class-action and collective action waiver was enforceable, regardless of whether or not the waiver was part of an arbitration agreement.  This is good news for employers in the Fifth Circuit who do not want to have mandatory arbitration... Continue Reading... ....
  • Back on Track? DOL’s Information Requests Suggest Changes to Overtime Exemptions May Be on the Horizon By Chelsea Gomez Caswell Yesterday, the Department of Labor (“DOL”) Wage and Hour Division released a preview copy of a request for information (“RFI”) before issuing revised proposed overtime exemption regulations under the Fair Labor Standards Act (“FLSA”). The RFI is scheduled for publication in the Federal Register today, July 26, 2017, which will start... Continue Reading... ....
  • Statutory Employer: A Louisiana Law Primer By Matthew C. Meiners Under Louisiana law, workers’ compensation is the exclusive remedy that an employee may assert against his employer or fellow employees for work-related injury, unless he was the victim of an intentional act. That exclusive remedy also extends to statutory employers. Workers’ compensation legislation was enacted to provide social insurance to compensate... Continue Reading... ....
  • Comp Time in the Private Sector Coming? By A. Edward Hardin, Jr. Under the federal Fair Labor Standard Act, employees are entitled to be paid time and a half their regular rate of pay for all hours worked over 40 in a workweek.  Private employees cannot elect, nor can private employers offer, “comp time” in lieu of overtime pay.  Private employers can... Continue Reading... ....
  • The Louisiana Environmental Whistleblower Statute: Independent Contractors Are Not Covered By Erin L. Kilgore The Louisiana Environmental Whistleblower Statute, La. R.S. 30:2027, protects employees who, in good faith, disclose, or threaten to disclose, acts they reasonably believe to be in violation of an environmental law, rule, or regulation.  It also protects employees who testify or provide information to a public body about such acts.  An... Continue Reading... ....
  • Employers Anticipate a Decision in the Alton Sterling Investigation By Erin L. Kilgore and A. Edward Hardin, Jr. It appears that an announcement regarding the U.S. Department of Justice’s investigation into the shooting death of Alton Sterling may be forthcoming, and many employers in the Baton Rouge-area are considering how the city and their employees may react.  As a general practice, employers should take steps... Continue Reading... ....
  • Title VII Prohibits Employment Discrimination Based on Sexual Orientation, Says the Seventh Circuit By Erin Kilgore and Scott Huffstetler On April 4, 2017, the Seventh Circuit Court of Appeals ruled that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964. As previously noted, there has been much debate among the courts regarding the meaning of the term “sex” under Title VII and... Continue Reading... ....
  • Online Hostile Environment? By A. Edward Hardin, Jr. Social media use by employees, and employers’ social media policies, continue to appear in the legal headlines.  Much of the recent news coverage has touched on action by the National Labor Relations Board (NLRB) and its assessment of employer social media policies.  However, recent legal action in Pennsylvania does not address the... Continue Reading... ....
  • Transgender Employee Restroom Access Rights Remain in Flux By Erin Kilgore and Scott Huffstetler As with any change in administration, this is a time of uncertainty.  One example is the rights of transgender individuals to access certain restrooms in the workplace, which, based on recent events, will likely continue to be a source of uncertainty for many employers. Federal law does not expressly... Continue Reading... ....
  • Kean Miller Data Security Alert: W-2 Phishing Scam Returns for Tax Season By Jessica C. Engler The IRS has sent an urgent alert to employers this month that a W-2 phishing scam that many companies fell victim to in 2016 is back in full force for 2017. The IRS warns that this scam is emerging earlier this year and is targeting school districts, tribal organizations, and nonprofits... Continue Reading... ....