Louisiana

May an employer enforce a contract provision that forbids an employee to leave and take another job that would require him to use or reveal the employer’s confidential information? In Louisiana, maybe not, unless the agreement complies with Louisiana’s non-compete statute, La. Rev. Stat. § 23:921.

In mid-September, the IRS announced income tax relief for individuals who donate through their employers to aid victims of the Louisiana storms that began on August 11, 2016. See IRS Notice 2016-55 (Sept. 16, 2016). To get this special relief — similar to that provided for leave donation aid given a

On August 14, 2016, President Obama declared a major disaster in the State of Louisiana due to the severe storms and flooding that took place in several State parishes ("Louisiana Storms"). Following the declaration, the Internal Revenue Service (IRS) issued guidance postponing certain tax filings a

In IronTiger Logistics, Inc. v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the NLRB’s policy of requiring employers to timely respond to union requests for “presumptively relevant” information (i.e., information relating to bargaining unit employees), but required

Courts addressing FLSA misclassification claims brought by employees classified as salaried exempt workers must determine damages. In a new decision from the United States District Court for the Eastern District of Louisiana, Judge Jane Triche Milazzo ruled that successful Plaintiffs in one such mis

Louisiana has strict requirements for enforcement of non-compete agreements which are not “favored” in the Pelican state. In a recent case, Boudreaux v. OS Restaurant Services, LLC, a former employee in Louisiana preemptively filed a lawsuit claiming a violation of Louisiana’s unfair trade practices

Effective August 1, 2014, Louisiana became another state to regulate employer use of criminal record information for employment purposes.

A Louisiana appellate court recently decided that a non-competition agreement was unenforceable. But not because it contained unreasonable geographic or temporal restrictions or failed to strictly comply with Louisiana’s non-compete statute. Instead, the court found that the non-competition obligati

The Louisiana Court of Appeals, First Circuit, recently affirmed a lower court’s denial of a preliminary injunction to enforce a covenant not to compete in Gulf Industries, Inc. v. Boylan (La. App. 1 Cir. June 6, 2014). The case demonstrates continued careful scrutiny by Louisiana courts of non-comp

Perhaps the most significant of the employment law bills passed by the Louisiana Legislature this year is the “Personal Online Account Privacy Protection Act” signed into by Governor Jindal on May 23, 2014.

Louisiana Governor Bobby Jindal has signed into law the Personal Online Account Privacy Protection Act. The Act prohibits employers and schools in Louisiana from requesting or requiring access to the personal e-mail, social media and other types of online accounts of employees and job applicants. It

Under new law signed by Louisiana Governor Bobby Jindal, employers are prohibited from discharging, disciplining, or otherwise discriminating against veterans for taking time off from work to attend medical appointments necessary to obtain veteran’s benefits. The new law takes effect on August 1, 20

An “accommodation of underlings” was not a reasonable accommodation as a matter of law, the U.S. Court of Appeals for the Fifth Circuit ruled, affirming summary judgment in favor of the employer in a disability discrimination case under the Louisiana Employment Discrimination Law. Bell v. Hercules L

An employer’s dispute resolution program, stating that it was not “intended to violate or restrict any rights of employees guaranteed by state or federal laws,” did not give rise to the right to a jury trial, and so an employee was required to submit his age discrimination claim to binding arbitrati

The Louisiana legislature recently passed two laws aimed at immigration compliance which have the effect of: (1) requiring employers and subcontractors that do business with the State to use E-Verify; and (2) giving employers that are not required to use E-Verify a “safe harbor” from immigration

The Louisiana State Legislature has passed two laws aimed at deterring the employment of unauthorized aliens. HB 342 would prohibit state contractors from bidding or contracting for state work without first submitting an affidavit attesting that they will use the federal E-Verify program to verify t

Labor & Employment attorney H. Mark Adams has authored an article on the impact the recent general elections will have on Louisiana employers.