Kean Miller LLP | Scott D. Huffstetler | Baton Rouge Labor Lawyers

Scott Huffstetler is a partner who practices law out of the Baton Rouge, Houston, and The Woodlands offices 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 (including, without limitation, the Wage and Hour Devision), Equal Employment Opportunity Commission, Louisiana Commission on Human Rights, Texas Commission on Human Rights, National Labor Relations Board, and Occupational Safety and Health Administration; traditional labor arbitration and litigation; day-to-day advice regarding the ADA, FLSA, FMLA, NLRA, OSHA, Title VII and state employment laws regarding employment discrimination, wage payment, workers compensation, and unemployment compensation; corporate training regarding discrimination, traditional labor matters, and diversity and inclusion; 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 and defending business owners in public accommodation claims in state and federal courts.

Scott is a Board Certified Employment Law Specialist, certified by the Louisiana Board of Legal Specialization. He is listed among the top labor and employment lawyers in the State of Louisiana by Chambers USA 2023-2024. Scott is listed as a Rising Star in Louisiana Super Lawyers, 2015-2018.

Representative Experience

Representation of national industrial construction services providers, health care and companionship services providers, commercial cleaning services providers, and technology services providers in collective action lawsuits brought under the Fair Labor Standards Act (FLSA)
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 refineries in several arbitrations brought under collective bargaining agreements
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; Texas, 2019; United States Court of Appeals, Fifth Circuit, United States District Courts for the Eastern, Middle, and Western Districts of Louisiana; Southern and Eastern Districts of Texas; and Northern District of Oklahoma

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

Artificial Intelligence in the Workplace: Navigating the New Frontier, Kean Miller Labor and Employment Seminar, Baton Rouge, LA, November 1, 2024
Co-Presenter, Artificial Intelligence in the Workplace: Navigating the New Frontier, Louisiana SHRM 2024 Conference for Human Resources, April 18, 2024
Are Your DE&I Efforts Putting You at Risk: New Threats, Current Trends, and Preventative Tactics, ACC Online Seminar, December 13, 2023
Co-Presenter, Employment Law Recent Developments, Hot Topics, and Looking Toward the New Year, Kean Miller Lunch and Learn, December 6, 2023
Disability and Protected Leave for Pregnant and Postpartum Employees, Kean Miller Labor and Employment Seminar, Baton Rouge, LA, October 27, 2023
Effective and Intentional Supervision of Employees, Association of Corporate Counsel Louisiana (ACC-LA) CLE Lunch and Learn, Baton Rouge, LA, April 18, 2023
Administrative Agency Challenges to Employment Contracts & Policies, Stay Out of Hot Water, A Kean Miller CLE, Houston, TX, April 13, 2023
Whistle Blown: Responding Appropriately to Employees Claiming Retaliation, Kean Miller Labor and Employment Seminar, Baton Rouge, LA, October 28, 2022
Not Becoming #YouToo in a #MeToo World, Kean Miller Breakfast Briefing, August 25, 2022
Labor Law Considerations for Developing, Maintaining, and Implementing Work Rules, Stay Out of Hot Water, A Kean Miller CLE, Houston, TX, April 21, 2022
New Phasing Plan Requirements from LA State Fire Marshal, Louisiana Law Blog, May 15, 2020
Return to Work, Are You Ready?, Louisiana Law Blog, April 26, 2020
New CDC Guidance About Essential Employees Exposed to COVID-19, Louisiana Law Blog, April 9, 2020
DOL Rolls Out Leave Act Regulations and Changes Course on Some Issues, Louisiana Law Blog, April 2, 2020
Navigating the Uncharted Employment Realities of COVID-19, Kean Miller Webinar, April 2020
DOL Issues Third Set of Leave FAQs, Louisiana Law Blog, March 30, 2020
DOL Issues Additional Leave FAQs, Louisiana Law Blog, March 27, 2020
Families First Coronavirus Response Act: The Model Notices Are Here, Louisiana Law Blog, March 26, 2020
Leave Act Takes Effect April 1 and Other New DOL Guidance, Louisiana Law Blog, March 25, 2020
Updated Guidance from the EEOC: "What You Should Know About the ADA, the Rehabilitation Act, and COVID-19", Louisiana Law Blog, March 20, 2020
Coronavirus Leave Bill Signed Into Law, Louisiana Law Blog, March 19, 2020
COBRA and Coronavirus, Louisiana Law Blog, March 18, 2020
Coronavirus Paid Leave Bill Still in House, Louisiana Law Blog, March 16, 2020
Coronavirus Paid Leave Bill Passes House, Louisiana Law Blog, March 14, 2020
Congress Responds to the Coronavirus, Louisiana Law Blog, March 13, 2020
Labor Law Updates for Union and Non-Union Lawyers, APLLA Conference, Houston, 2019
Emerging Topics in ADA Reasonable Accommodation, Stay Out of Hot Water, A Kean Miller CLE, Houston, Texas, March 28, 2019
New OSHA Memorandum Clarifies That May 2016 Rule Does Not Prohibit Post-Incident Drug Testing, Louisiana Law Blog, October 14, 2018
Emerging Topics in ADA Reasonable Accommodation, 2018 APLLA Conference, Houston, Texas, October 11, 2018
Practice Panel: Effective Mediation and Settlement Techniques – What Works and What Doesn’t, LSBA Employment Law Update 2018, New Orleans, Louisiana, August 17, 2018
FMLA & Return to Work Roundtable, Kean Miller – Gallagher FMLA Roundtable, Baton Rouge, Louisiana, August 15, 2018
Hot Topics and Ethical Issues in Employment and Agency Investigations, Stay Out of Hot Water, A Kean Miller CLE, Houston, Texas, April 19, 2018
Harassment in the Workplace, Ascension Parish Chamber of Commerce Lunch & Learn, Gonzales, Louisiana, February 28, 2018 Conducting Internal Investigations Regarding Employee Conduct, Kean Miller Labor and Employment Seminar, Baton Rouge, Louisiana, October 20, 2017
Employment Law Updates, 2017 LCAA Fall Conference & CLE, Baton Rouge, Louisiana, October 20, 2017
Judge Strikes Down OT Rules, Louisiana Law Blog, September 5, 2017
Class Action Waivers Are Enforceable Even Without an Arbitration Agreement, Says the Fifth Circuit, Louisiana Law Blog, August 9, 2017
Title VII Prohibits Employment Discrimination Based on Sexual Orientation, Says the Seventh Circuit, Louisiana Law Blog, April 5, 2017
Transgender Employee Restroom Access Rights Remain in Flux, Louisiana Law Blog, March 10, 2017
U.S. Supreme Court To Consider Class-Action Waivers, Louisiana Law Blog, January 13, 2017
What Now? FLSA Overtime Regulations Continue to Evolve, Louisiana Law Blog, November 23, 2016
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 Directors, Capital Area United Way, 2020-present
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
Board Member, Livingston Parish Parks and Recreation Board, 2014 - 2020
Board of Directors, Louisiana Association of Non-Profit Organizations, 2015 - 2020
Board of Directors, Family Road of Greater Baton Rouge. 2016 - present