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Employment Law & Litigation
Employees Not Owed Compensation for Changing Into Protective Gear
Unanimous Ruling by the Court In a 9-0 opinion by Justice Scalia, the United States Supreme Court ruled in Sandifer v. U.S. Steel that employees were not owed compensation for the time spent donning protective gear. The petitioners sought back pay under the Fair Labor Standards Act Sec. 203(o) for the time taken to put […]
- February 6, 2014
- By Allen & Gooch
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Taxation
President Orders Creation of MyRA Savings Accounts via Executive Order
Last week, in his State of the Union address, President Obama called for the creation of personal savings accounts called MyRAs. These accounts are intended for people without employer-sponsored savings plans and will operate in a similar way to Roth IRA’s, including the advantageous tax treatment. According to a recent New York Times article by Tara […]
- February 3, 2014
- By Allen & Gooch
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Maritime Casualty
Jones Act: Verbal Settlement Agreements May Be Binding
When seeking enforcement of a settlement, a Jones Act employer bears the burden of proving that the seaman had “an informed understanding of his rights and full appreciation of the consequences of executing the release.” See Borne v. A & P Boat Rentals No. 4, Inc., 780 F.2d 1254 (5th Cir. 1986). Courts consider the […]
- January 31, 2014
- By Allen & Gooch
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Business Litigation
Can Dissolved Corporations Still Face Future Liability?
Dissolved Corporations Can Still be Sued in Delaware The Supreme Court of Delaware concluded that if dissolved corporations have undistributed “property,” a personal injury claim can be pursued. In the Matter of Krafft-Murphy Company, Inc., No. 85, 2013 (November 26, 2013). Krafft-Murphy, a Delaware corporation, dissolved in 1999. Despite the dissolution, tort claimants continued to […]
- January 30, 2014
- By Allen & Gooch
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Workers' Compensation
Louisiana Workers’ Compensation – What sets us apart
As we enter 2014, the future of Louisiana looks bright. With continued growth in many areas apart from the traditional oil and gas industry, Louisiana is starting to attract the attention of many companies looking to take advantage of the opportunities offered in a place we are proud to call home. How Louisiana Workers’ Compensation […]
- January 29, 2014
- By Allen & Gooch
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Employment Law & Litigation
SCOTUS: Sandifer v. United States Steel Addresses 40 Hour Work Week
UPDATE: SCOTUS RULES NO COMPENSATION OWED FOR TIME SPENT CHANGING INTO PROTECTIVE GEAR. CLICK HERE TO READ FOLLOW-UP ON THE COURT’S DECISION. Changing Clothes Under the Fair Labor Standards Act On November 4, 2013, the US Supreme Court heard oral arguments on what constitutes “changing clothes” within the meaning of Section 203(o) of the Fair […]
- January 27, 2014
- By Allen & Gooch
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Business Litigation
Personal Liability of LLC Member Now Determined by Four-Factor Test
Louisiana Supreme Court Overrules Third Circuit In Ogea v. Merrit, 13-1085 (La. 12/10/13), — So. 3d —, the Louisiana Supreme Court overruled the appellate court’s holding that a member of a limited liability company (LLC) could be held personally liable for negligent design and construction. The case deals with the construction of a new home […]
- January 23, 2014
- By Allen & Gooch
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Insurance & Casualty Litigation
Anti-indemnity Provisions of Motor Carrier Transportation Agreements
Louisiana law invalidates certain provisions in motor carrier transportation agreements. With certain limitations, Louisiana Revised Statute (“La. R.S.”) 9:2780.1 invalidates two potential provisions of motor carrier transportation agreements entered into after January 1, 2011. First, La. R.S. 9:2780.1 invalidates any provision within a motor carrier transportation contract which seeks to require one party to defend […]
- January 22, 2014
- By Allen & Gooch
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Business Transactions
Choosing a Business Structure for Your Louisiana Company
Different Types of Business Structures With several ways to structure a business in Louisiana, choosing the best structure for your business can seem like a difficult task. Here are a few things for business owners to think about and discuss with their legal counsel when structuring their business entity. Sole Proprietorships may be easy, but […]
- January 13, 2014
- By Allen & Gooch
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Employment Law & Litigation
Arbitration Agreements with Class Action Waivers Violate NLRA
Employers Cannot Eliminate an Employee’s Right to Sue Over Unfair Labor Practices by Arbitration Agreement In D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344 (5th Cir. 2013), the National Labor Relations Board (NLRB) held that D.R. Horton, Inc. (Horton) had violated the National Labor Relations Act (NLRA) by requiring employees to sign an arbitration agreement […]
- January 10, 2014
- By Allen & Gooch
