
Brian R. Carnie
Partner"Employers at all phases of the business lifecycle appreciate that I understand, from a business perspective, the challenges they face and that I blend common sense with sound legal theory and actionable solutions. By putting myself in their shoes when analyzing HR issues and responses, I can more accurately assess and mitigate risk, liability, and exposure in and out of court and before a host of administrative agencies."
Brian Carnie dedicates his practice exclusively to the representation of management's interests in virtually all aspects of labor and employment law. He delivers human resource solutions and legal counsel focused on planning for, anticipating, and responding to both the routine and unexpected HR issues that impact growth and profitability. He is dedicated to achieving each client’s desired outcome and maintains a successful track record of resolving – both in and out of court – complex litigation and class action claims.
Brian has successfully defended state and federal court litigation claims and advocated employer rights before administrative agencies involving wrongful discharge, discrimination, harassment, retaliation, workplace tort, breach of contract, FMLA, and OSHA whistleblower claims. He brings extensive skill to advising on the Fair Labor Standards Act, collective wage and hour cases, and Americans with Disabilities Act access cases, otherwise known as “drive-by” or “Google” lawsuits.
In addition to his litigation practice, Brian guides employers through complex disability and leave issues, sexual harassment investigations, workforce reorganizations and layoffs, wage and hour investigations, worker misclassification, and I-9 audits. He routinely represents management in collective bargaining, union grievances, and arbitrations, as well as provides businesses with effective union avoidance strategies.
Moreover, Brian helps employers understand and comply with the ever-changing rules and regulations under the Affordable Care Act. His experience includes practical guidance on employer responsibilities, compliance and testing, reporting and notice requirements, and representation of employers who challenge the IRS ACA penalty notices and appeals of demands for payment.
Responsive, considerate, and practical, Brian is about providing legal solutions communicated in a manner that is easily understood and applicable to the business he represents. Clients appreciate Brian’s attention to detail and sound explanations when it comes to solving their problems and addressing their concerns. He is valued for his ability to support, lead, and influence conversations that impact human resource decisions, as well as for consistently delivering personalized advice that minimizes workforce management risk and leverages human potential across all operational imperatives.
Prior to private practice in Louisiana, Brian practiced management-side employment law for over 10 years in Chicago, Illinois. Brian also served as an attorney for the Louisiana Second Circuit Court of Appeals. Notably, he assisted nine appellate judges in ruling on all motions, civil and criminal writs, criminal appeals, and pro se post-conviction writs, and acted as a legal advisor to the Clerk of Court.
Brian's early exposure to the inner workings of the court continues to significantly and positively impact his clients today. The experience provided him with an in-depth understanding of the appellate process and the ability to more effectively navigate complex legal issues, identify potential pitfalls, and develop sound legal strategies for his clients. Moreover, his role as a legal advisor to the Clerk of Court provided him valuable insights into court procedures and administrative processes, resulting in more streamlined and efficient case management today.
- Successfully represented large multistate logistics company in protecting its trade secrets and to enforce restrictive covenants against group of former employees who departed and tried to set-up a competing venture.
- Assisted a large employer in the Ark-LA-Tex (6,000+ employees) region with business planning under the Affordable Care Act (Obamacare), including the evaluation of the regulatory impact on an existing workforce structure and group health benefits, assistance with reporting requirements, and the creation of effective compliance strategy to defend against any future IRS demands for payment.
- Intervened in a high-stakes race discrimination case and convinced the U.S. Equal Employment Opportunity Commission to reverse For Cause Determination, which likely would have resulted in an EEOC enforcement action against the multi-state provider of services for individuals with developmental disabilities.
- Successfully defended a multi-national casino/entertainment company in an age, sex, race, and national origin discrimination and retaliation case at the trial and appellate levels that resulted in the U.S. Supreme Court’s denial of the plaintiff’s request for review.
- Representation of a Texas-based restaurant chain in an audit by the U.S. Department of Labor into alleged wage/hour violations against numerous current and former employees and induced the DOL to cease the enforcement action in exchange for nominal payments to a handful of former employees thus avoiding a class action lawsuit.
- Successfully tried and defeated a teachers’ union lawsuit against a parish school board seeking injunctive relief to enjoin enforcement of the boards’ reduction in force policies.
- Served as statewide strike counsel for a national telecommunications provider and was responsible for access injunctions, prosecuting and defending National Labor Relations Board unfair labor practice charges, and handling related litigation connected to union disruptions and nationwide bargaining negotiations.
- Case Western Reserve University Law School, J.D., 1995
- Northern Illinois University, B.S., magna cum laude, 1992
- Louisiana
- Texas
- Illinois
- U.S. District Court for the Middle District of Louisiana
- U.S. District Court for the Western District of Louisiana
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Florida
- U.S. Court of Appeals, Fifth Circuit
- Member, Shreveport Bar Association
- Member, Louisiana State Bar Association
- Member, Society of Human Resource Management (National Organization)
- Participant, Greater Shreveport Chamber of Commerce Leadership Program, 2009
- "Best Lawyers," The Best Lawyers in America, 2024-2025
- "Employment Law Recent Developments, Hot Topics, and Looking Toward the New Year," Co-Presenter, Kean Miller Lunch and Learn, December 6, 2023
- "In the Weeds: An Update on Marijuana Laws," Kean Miller Labor and Employment Seminar, October 28, 2022
- "Congress Provides More Time To Use FFCRA Paid Leave (at the Employer’s Option)," Louisiana Law Blog, December 22, 2020
- "Employers Beware: More Employees May Have to Self-Quarantine After Exposure to Confirmed COVID-19 Individuals," Louisiana Law Blog, October 23, 2020
- "New Phasing Plan Requirements from Louisiana State Fire Marshal," Louisiana Law Blog, May 15, 2020
- "Navigating the Uncharted Employment Realities of COVID-19," Kean Miller Webinar, April 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
- "Eligible Self-Employed Individuals under the CARES Act," Louisiana Law Blog, April 9, 2020
- "DOL Rolls Out Leave Act Regulations and Changes Course on Some Issues," Louisiana Law Blog, April 2, 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
- "Coronavirus Law Brings Uncertainty for Small Businesses," New Orleans CityBusiness, March 23, 2020
- "Protecting Your Business & Employees From the Impact of COVID-19," Co-Presenter, Kean Miller Webinar, March 19, 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 Passes House," Louisiana Law Blog, March 14, 2020
- "Congress Responds to the Coronavirus," Louisiana Law Blog, March 13, 2020
- "The Final OT Rules Are Out – Time For Action (Again)!," Louisiana Law Blog, September 24, 2019
- "To Be or Not To Be Exempt (the 2019 Proposed OT Rule)," Louisiana Law Blog, March 8, 2019
- "Op-Ed: IRS continues efforts to collect ACA penalties from non-compliant employers," New Orleans CityBusiness, July 24, 2018
- "IRS Continues to Ramp Up Efforts to Collect ACA Penalties from Non-Compliant Employers," Louisiana Law Blog, July 23, 2018
- "Lawsuit Claiming that Employer Sought to Evade Obamacare Costs Leads to $7.4 Million Class Action Settlement," Louisiana Law Blog, December 4, 2017
- "Trumpcare and Other Legal Developments in the First 200 Days," Co-Presenter, Centenary College of Louisiana, August 2017
- "ADA Access: "Drive By" or "Google" Lawsuits and the Americans with Disabilities Act?," Louisiana Law Blog, February 3, 2017
- "Breaking: New FLSA Salary Rule Enjoined by Court," Louisiana Law Blog, November 22, 2016
- "Some (But Not All) ACA Deadlines Extended for 2016 Reporting Year," Louisiana Law Blog, November 21, 2016
- "Decision on Fair Labor Standards Act Expected Next Week?," Louisiana Law Blog, November 17, 2016
- "Employees and Time Off to Vote," Louisiana Law Blog, November 7, 2016
- "The Flood of 2016: Employment Issues for Businesses," Louisiana Law Blog, August 17, 2016
- "The Final OT Rules Are Out - Time For Action!," Louisiana Law Blog, May 2016
- "Happy New Year! ACA Reporting Deadlines Extended," Louisiana Law Blog, December 2015
- "Louisiana Employers Beware: Your Reimbursement Plan May Violate Affordable Care Act Market Reforms," Louisiana Law Blog, June 2015
- "IRS Gives Some (But Not All) Employers More Time To Comply With ACA... With Conditions," Louisiana Law Blog, February 2014
- Board of Directors, Gingerbread House Children’s Advocacy Center
- Board of Directors, Legislative Affairs Co-Chair, Northwest Louisiana Society of Human Resource Management