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Business Litigation
COVID-19 Resources for Small Businesses – Family First Coronavirus Response Act
What does your Business Need to Know about the Family First Coronavirus Response Act? Family First Coronavirus Response Act (H.R. 6201) passed late yesterday related to paid leave policies for employers. The law will take effect on April 2, 2020 and remain effective until December 31, 2020. There are certain key employment provisions that employers […]
- March 20, 2020
- By Allen & Gooch
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Business Litigation
COVID-19 Resources for Small Businesses – Compliance with Employment Laws
The Equal Employment Opportunity Commission (EEOC) recently released guidance to aid employers in navigating important questions regarding the COVID-19 pandemic. The guidance addressed compliance with workplace related decisions impacting the Americans with Disabilities Act and the Rehabilitation Act. The guidance from the EEOC answered the following critical questions for employers: How much information may an […]
- March 20, 2020
- By Allen & Gooch
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COVID-19
UPDATE: Coronavirus (COVID-19) Response
While so much seems uncertain during the COVID-19 outbreak, we at Allen & Gooch want you to rest assured knowing we are as dedicated as ever to solving our clients’ legal needs. We are closely monitoring all local and national news outlets and have made health and safety our top priority. To that end, we have […]
- March 19, 2020
- By Allen & Gooch
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Workers' Compensation
The Impact of Pain on a Permanent & Total Disability Claim
Prior to the 1983 amendments to the Workers’ Compensation statute, pain played a large role in permanent and total disability claims. For example, the 1980 Louisiana Supreme Court in Whitaker v. Church’s Fried Chicken, Inc. presented an injured janitor that burned his legs with hot grease, causing severe pain. The court found the claimant to be permanently and total […]
- March 19, 2020
- By Allen & Gooch
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Workers' Compensation
Return to Work – Is a Physician Review Required?
When an employee is injured on the job, the goal of any employer is to assist in getting their employee returned to work. This process often includes consultations with a vocational rehabilitation counselor and can also just involve the employer presenting the employee with a modified duty offer of employment. When the employee with a […]
- January 22, 2020
- By Allen & Gooch
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Workers' Compensation
Occupational Diseases
Occupational diseases are those that manifest as a result the regular course and scope of employment. Specifically, La. R.S. 23:1031.1 defines an occupational disease as: An occupational disease means only that disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is […]
- December 18, 2019
- By Allen & Gooch
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Workers' Compensation
Second Injury Fund – Denied for Lack of Knowledge
The Louisiana Second Injury Fund is designed to protect those employers that hire an employee with a pre-existing permanent partial disability in the event the employee is subsequently injured on the job. The protection afforded to an employer is provided in the form of a reimbursement if, and only if, the employer can satisfy strict […]
- November 12, 2019
- By Allen & Gooch
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Private/Parochial School Law
Secretly Recording Conversations…Legal or not?
I routinely receive calls from clients who are concerned about conversations being records during telephone calls and meetings with employees, parents, students, etc. The question normally presented is: Is it legal to record a conversation without the consent of all of the parties to the conversation? The answer is “yes.” Under both state and federal law, a […]
- November 7, 2019
- By Troy Broussard
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Private/Parochial School Law
Handling Threats of Student Violence
The prospect of student violence presents two primary risks: (1) a threat to the physical safety of the school community and (2) exposure for civil liability to the school. While parents/guardians, alone, bear vicarious liability for the acts of their children, schools can also be held liable if someone is harmed as a result of […]
- October 16, 2019
- By Troy Broussard
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Employment Law & Litigation
DOL Announces 1.3 Million American Workers Eligible for Overtime
How to Prepare for the Changes to the Executive, Administrative and Professional Exemption? The Department of Labor issued a final rule that updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements. The final rule is effective on January 1, […]
- September 26, 2019
- By Allen & Gooch
