Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime...more
6/4/2021
/ Appeals ,
Civil Rights Act ,
Constructive Discharge ,
Employer Liability Issues ,
Hostile Environment ,
Jones Act ,
Maritime Transport ,
Motion to Dismiss ,
Negligent Infliction of Emotional Distress ,
Preemption ,
Race Discrimination ,
Remand ,
Reversal ,
Summary Judgment
The Louisiana Second Circuit Court of Appeal recently held that a noncompetition provision under La. R.S 23:921 affecting a former member of an accounting limited liability company (LLC) could be reformed when the scope of...more
The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills, degree of...more
3/26/2019
/ Appeals ,
Collective Actions ,
Consultants ,
De Novo Standard of Review ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Oil & Gas ,
Statute of Limitations ,
Summary Judgment ,
Wage and Hour ,
Well Drilling
Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more
10/19/2018
/ Appeals ,
Civil Rights Act ,
Dismissals ,
Employer Liability Issues ,
Employment Discrimination ,
Job Promotions ,
Public Employees ,
Race Discrimination ,
State Law Claims ,
Summary Judgment ,
Title VII