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Employment Law & Litigation
Family Medical Leave Act – Utilizing Provisions to Protect Employers
The Family Medical Leave Act (FMLA) covers public employers and private employers with more than 50 employees within a 75 mile radius. 29 U.S.C.A. § 2601-2654. Employees can take 12-24 weeks of unpaid, job-protected leave for specified family and medical reasons. Most employers are aware and comply with the Act, including the provision to inform […]
- February 29, 2016
- By Allen & Gooch
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Estate Planning and Administration
Estate Planning – Why is it Important to Include your Family Business in Your Estate Plan?
1) Is your business your largest asset? The first reason to include your business in your estate planning is that it is likely one of your most valuable assets. The business may be the asset most likely to create potential tax consequences based on its value. Would it be valuable to remove portions of the […]
- February 24, 2016
- By Allen & Gooch
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Maritime Casualty
Seaman Status of a Wireline Operator
Seaman Status is a Two-Part Test We previously discussed that determining whether your employee is a seaman requires analysis of a two-part test. First, the employee’s duties must “contribute to the function of a vessel or to the accomplishment of its mission.” Second, the employee must have a connection to a vessel in navigation (or […]
- February 22, 2016
- By Allen & Gooch
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Maritime Casualty
How Rejecting Recommended Medical Aid Affects Maintenance and Cure
Willfully Rejecting Recommended Medical Aid Could Result in Forfeiture of Maintenance and Cure Benefits A Jones Act seaman who is injured while in service of a vessel is generally entitled to maintenance and cure benefits until he reaches maximum medical improvement. However, he potentially forfeits his right to maintenance and cure if he willfully rejects recommended medical […]
- February 17, 2016
- By Allen & Gooch
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Employment Law & Litigation
Title VII Pregnancy Bias Claim Requires More than Temporal Proximity
The U.S. Fifth Circuit Court of Appeals affirmed the district court’s decision in Fairchild v. All American Check Cashing, Inc. that the employer had not violated the Fair Labor Standards Act (“FLSA”) or Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act. Fairchild v. All American Check Cashing, […]
- February 15, 2016
- By Allen & Gooch
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Maritime Casualty
Determining the Amount of Cure Owed to Your Seamen–Employees
Cure Is Paid Only for Incurred Medical Expenses “Cure” is a shipowner’s obligation to pay necessary medical expenses for seamen injured while in service of its ships. Seamen are only entitled to recover cure for medical expenses actually incurred rather than the amount charged. (Medical bills are frequently charged/billed at a certain rate and then […]
- February 10, 2016
- By Allen & Gooch
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Business Litigation
Personal Liability for LLC Members
Personal Liability May Still Exist for LLC Members, Despite the General Shield from Liability. In a previous blog article, “Louisiana Supreme Court holds that an individually licensed contractor is not a “professional” within the meaning of an exception to limited liability for LLC members,” I discussed a recent case which held that a contractor could […]
- February 8, 2016
- By Allen & Gooch
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Workers' Compensation
Course and Scope of Employment – Always Clocked In
Recently, the Louisiana Second Circuit Court of Appeals determined that an employee was in the course and scope of her employment when she sustained injuries from a criminal assailant. The employee, a home health caregiver, normally worked from 8 am until 5 pm. On the day of the incident, the employee accompanied a client […]
- February 3, 2016
- By Stephen G. Collura of Associate, New Orleans
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General Liability
Best Practices for Documenting Slip and Fall Accidents
While we all work to prevent falls, accidents still occur. Often these unfortunate events can lead to litigation. What should you do when a slip and fall occurs on your property or at your workplace? Here are some steps to ensure that available defenses are preserved and that your attorney has the information needed to […]
- February 1, 2016
- By Allen & Gooch
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Insurance & Casualty Litigation
Statutorily Limiting Liability in Certain Vessel Lawsuits
Under the federal Limitation of Liability Act of 1851 (“the Act”), owners of vessels (and, occasionally, charterers of vessels) can sometimes limit their exposure in vessel-related cases to “the value of the vessel and pending freight.” See 46 U.S.C. §§ 30501 et seq. If a vessel has multiple owners, any owner’s liability will not exceed […]
- January 27, 2016
- By Alan Stewart
