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