Practice: Employment Law & Litigation

• Employment Law & Litigation

  Drug Testing: Is Zero Tolerance Still the Best Policy?

  • May 15, 2019
  • By Allen & Gooch
  

  Our company maintains a drug-free workplace. Our business has zero tolerance for drug use. An employee’s positive drug screen equals termination. While this has been a common practice for employers, the landscape surrounding drug testing is changing and is an area that merits continued monitoring by employers. For example, medical marijuana can be legally prescribed at […]

• Employment Law & Litigation

  Third Circuit’s Requirements for Adjusting Workers’ Compensation Claims in Louisiana

  • March 13, 2017
  • By Allen & Gooch

  In the recent Third Circuit case, Broussard v. Dillards’ Department Stores, Inc., the Court issued a ruling that effects the manner in which all workers’ compensation insurers are required to handle workers’ compensation claims in Louisiana.  — So. 3d —, (La App. 3 Cir. 02/15/17) 2017 WL 606769. The issue was brought before the Third […]

• Employment Law & Litigation

  Fair Credit Reporting Act Effect on Employment

  • April 20, 2016
  • By Allen & Gooch

  Credit reports are often used as decision makers in many aspects of our lives that do not include taking on more debt. Employers often use credit reports as indicators of a future employee’s stability and trustworthiness.  However, employers that use credit reports as part of their hiring process may need to reexamine their protocols. Under […]

• Employment Law & Litigation

  Bad Faith Claims in Mississippi Could Affect Other Jurisdictions

  • March 30, 2016
  • By Allen & Gooch

  Mississippi Bad Faith Claims Can Affect Employers and Carriers in Other jurisdictions With companies operating in multiple states, navigating interstate laws has become increasingly tricky. This is especially true in the worker’s compensation arena where an employer can be sued for benefits in its state of operation, the state where the injury occurred, or the […]

• Employment Law & Litigation

  Family Medical Leave Act – Utilizing Provisions to Protect Employers

  • February 29, 2016
  • By Allen & Gooch

  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 […]

• Employment Law & Litigation

  Title VII Pregnancy Bias Claim Requires More than Temporal Proximity

  • February 15, 2016
  • By Allen & Gooch

  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, […]

• Employment Law & Litigation

  Protections for Nursing Mothers in the Workforce

  • January 20, 2016
  • By Allen & Gooch

  As of 2010, the Affordable Care Act amended the Fair Labor Standards Act (FLSA) to include requirements that employers covered by the FLSA accommodate non-exempt employees. The statute requires: 1) Reasonable break time for an employee to express breast milk for one year after the child’s birth each time the employee needs to express milk; […]

• Employment Law & Litigation

  Blanket Ban On Hiring Convicted Felons Could Present Exposure for Employers Under EEOC Guidelines

  • December 1, 2014
  • By Allen & Gooch
  

  Depending upon the nature of their businesses, some employers have traditionally implemented and maintained a policy against hiring individuals who have been convicted of felony crimes.  However, after examining this issue, the United States Equal Employment Opportunity Commission (EEOC) declared that using arrest and past conviction records as an “absolute measure” to prevent an individual […]

• Employment Law & Litigation

  SCOTUS Hears Argument on Compensable Time under FLSA

  • October 30, 2014
  • By Allen & Gooch
  

  Is time spent in security screenings compensable time? On October 8, 2014, the United States Supreme Court heard arguments in Integrity Staffing Solutions, Inc. v. Busk, a case that considers the issue of whether time spent by an employee in security screenings is compensable under the Fair Labor Standards Act, as amended by the Portal […]

• Employment Law & Litigation

  Prescription & Trade Secrets: A Benefit To Your Business?

  • July 22, 2014
  • By Allen & Gooch
  

  Former Employee Develops Similar Technology Aspen Technology sued a former employee, who was director of technology and research, for violating a noncompete clause in his employment contract. Aspen added as a defendant, the new employer, M3 Technology, claiming tortious interference with the contract, trade secret misappropriation and copyright infringement. Aspen and M3 both develop, sell […]