View Recent Blog Posts in Labor and Employment Law

  • By: David Whitaker Employers nationwide can breathe a collective sigh of relief. On Friday November 15, 2024, District Judge Sean D. Jordan of the federal district court for the Eastern District of Texas granted a motion for summary judgment finding that the Department of Labor's 2024 Rule – that would have increased the minimum salary level required to... Continue Reading...
  • By: David Whitaker, Sonny Chastain, Mary Love, Chris Dippel and Karen Morgan In order to classify employees as exempt from overtime pay requirements, employers may rely on the so-called "white-collar" exemptions available for administrative, executive, and professional employees. In addition to meeting the job duties test of each exemption, employers are required to pay a guaranteed minimum salary specified in Department of Labor regulations. At the start... Continue Reading...
  • By: Chelsea Caswell As previously reported, on April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from entering into non-compete agreements with their workers, with few limited exceptions (the "Rule"). The Rule was set to go into effect on September 4, 2024.... Continue Reading...
  • By: Laura Kherkher On April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from using non-compete agreements, with a few limited exceptions. The measure reflects an unprecedented effort by the FTC to expand its rule-making authority. The final rule "shall supersede" all... Continue Reading...
  • By: Edward Hardin Media outlets around Louisiana recently reported on a new program from the Louisiana Workforce Commission pursuant to which employers have the opportunity to report job applicants who are either no-shows for job interviews or who turn down job offers. Here are links to stories from WAFB in Baton Rouge, KTBS in Shreveport, KNOE in Monroe,... Continue Reading...
  • By: Shearil Matthews 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...
  • By: Edward Hardin and Shearil Matthews 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...
  • By: David Whitaker and Shearil Matthews 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...
  • By: David Whitaker 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...
  • By: David Whitaker 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...
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