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- The Fifth Circuit Reverses 27 Years of Title VII Jurisprudence On August 18, 2023, in Hamilton v. Dallas County,[1] the United States Fifth Circuit Court of Appeals, sitting en banc, handed down a significant Title VII ruling that has far-reaching implications for future employment discrimination cases in Louisiana, Mississippi, and Texas. Employees seeking to bring a discrimination claim no longer need to meet the high... Continue Reading...
- Louisiana Court of Appeal Declines to Extend Bostock In Gauthreaux v. The City of Gretna, 22-424 (La. App. 5 Cir. 3/29/23), ___ So.3d ___, 2023 WL 2674191, Louisiana's Fifth Circuit Court of Appeal held that Louisiana's statutory employment protections related to sex did not extend to sexual orientation and declined to extend the United States Supreme Court's Bostock v. Clayton County, Georgia decision... Continue Reading...
- The ADA in Cyberspace – Are Websites Places of Public Accommodation? ADA Background In 1990, Congress passed the Americans with Disabilities Act ("ADA or Act").[1] The purpose of the Act is to provide protection and certain rights for Americans with disabilities. One of Congress' goals was to ensure that people with disabilities are able to fully participate in all aspects of society.[2] Title III of the... Continue Reading...
- Fifth Circuit Finds That Individual Arbitration Agreements Bar Notice of FLSA Collective Action In recent years many employers have implemented mandatory arbitration agreements to require that legal disputes with employees be decided by a neutral arbitrator, rather than by jury trial. Arbitration agreements are coming under scrutiny as unfairly preventing employees from having their "day in court" and having access to jury trials – most recently with the... Continue Reading...
- Supreme Court to Review FLSA Claim By Highly Compensated Offshore Employee In Helix Energy Solutions Group Inc v. Hewitt, an en banc U.S. Fifth Circuit Court of Appeals issued a 12-6 ruling last year finding that a highly paid offshore supervisor (who was paid more than $200,000 per year on a day rate basis) was entitled to overtime premium pay because he was not paid on... Continue Reading...
- The Federal Arbitration Act: When jurisdiction arises solely from a federal question in the underlying dispute, can a federal district court confirm or vacate an arbitration award under the FAA? Stay tuned for an answer from SCOTUS! Last week, the Supreme Court of the United States heard argument in Badgerow v. Walters[1] as to an important jurisdictional question under the Federal Arbitration Act ("FAA"), 9 U.S.C. 1, et seq. Specifically, the question presented to SCOTUS was whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under the FAA... Continue Reading...
- Over $300,000 Owed Employee in Vacation Pay Upon Retirement Louisiana law requires the timely and prompt payment of all amounts due a discharged, resigning, or retiring employee. Under Louisiana law, vacation pay is considered an amount due if the employee was eligible for vacation with pay, had accrued the right to take vacation with pay, and the employee had not taken or been compensated... Continue Reading...
- The Fifth Circuit Announces New Standard For Collective Action Certification On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit vastly changed the landscape for collective action wage and hour claims under the federal Fair Labor Standards Act. In Swales v. KLLM Transport Services, L.L.C., the Fifth Circuit rejected the lenient standard typically employed by federal district courts for "conditionally certifying" collective... Continue Reading...
- Congress Provides More Time To Use FFCRA Paid Leave (at the Employer's Option) On Monday, December 21, 2020, Congress passed another stimulus package to provide certain coronavirus relief for individuals and businesses, among other things. One looming question was whether Congress would extend the emergency paid sick leave (EPSL) and emergency paid family leave (EFMLA) provisions of the Families First Coronavirus Response Act (FFCRA) into next year? The... Continue Reading...
- Employers Beware: More Employees May Have to Self-Quarantine After Exposure to Confirmed COVID-19 Individuals On Wednesday, October 21, 2020, the CDC issued an expanded definition of who is considered a "close contact" for purposes of determining who should self-quarantine for 14-days following an exposure to a COVID-19 confirmed individual. Previously, the CDC defined "close contact" as someone who was within six feet of a confirmed COVID-19 positive individual for... Continue Reading...
