A new case from the U.S. 5th Circuit Court of Appeals makes clear once again the importance in disability cases of an individual assessment of the employee’s ability to perform the job and of having a job description, which includes the essential functions and the physical requirements of the job.
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Labor and Employment Law
Efforts to Maintain Trade Secrets to be Scrutinized
The Uniform Trade Secrets Act, La. 51:1431, et seq., provides a cause of action for misappropriation of a trade secret. However, it is important to recognize that these are specific terms which must be satisfied in order to trigger the remedies provided in the Act.
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What is the Gulf Opportunity Zone?
Many C-Level executives and small business owners have heard of the Gulf Opportunity Zone (the GO Zone Act) and know that it does something for Louisiana businesses, but they do not know if or how the new law can help them and their employees. Kean Miller has prepared a comprehensive summary of the GO Zone Act and its sister law, the Katrina Emergency Tax Relief Act of 2005 (“KETRA”). This summary describes the key legislative provisions and explains how Louisiana-area businesses, both large and small, can maximize the GO Zone benefits available to them.
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Louisiana Strengthens Employment-at-Will Doctrine
By Scott Huffstetler on
Posted in Labor and Employment Law
Louisiana is an employment at-will state. This rule is found in Article 2747 of the Louisiana Civil Code which says, “a man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause.”
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E-mail Arbitration Notice Insufficient to Bar ADA Suit
By Terry McCay on
Posted in Labor and Employment Law
Employers relying on e-mail correspondence to notify employees of benefit changes or other alterations in the terms and conditions of employment should take note of a decision in the Federal First Circuit Court of Appeal, decided May 23, 2005.
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Are Employee Committees Covered under the National Labor Relations Act?
By Kean Miller on
Posted in Labor and Employment Law
Employers covered by the National Labor Relations Act sometimes forget about requirements of the Act which apply even when the employer does not have employees represented by a union.
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Checklist of Employment Considerations in the Aftermath of Hurricane Katrina
By Kean Miller on
Posted in Hurricane Katrina, Labor and Employment Law
By the Kean Miller Labor & Employment team Many clients, friends and neighbors are now faced with serious and unanticipated storm-related decisions regarding the interruption/closure of businesses and issues related to their employees. Employers will encounter individualized issues, but we provide the following checklist of some general considerations for employers who face business interruptions and closures.
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Unemployment Benefits for Hurricane Victims
By Kean Miller on
The Louisiana Department of Labor has issued a notice advising of its efforts to make sure that all qualified UI recipients can file their claims and receive their checks.
From the notice:
“We want those in need to know that within the next 48 hours we will have dozens of Department of Labor employees and…
United States Eastern District Court Closes Until Further Notice
Per its website at http://www.laed.uscourts.gov, the United States District Court for the Eastern District of Louisiana has closed until further notice, and has suspended “all deadlines and delays in matters pending before this court…until ordered otherwise.”
Louisiana School and Day Care Conference Leave
By Edward Hardin on
Posted in Labor and Employment Law
With many Louisiana schools back from the summer break, employers may want to take note of a Louisiana law regarding employee leave for school conferences and activities.
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