Louisiana Governor John Bel Edwards recently signed into law Act 336 of the 2020 Regular Session, which was filed in the Louisiana State Legislature as House Bill 826. The new act limits the liability to which Louisiana businesses and employers could be exposed due to the ongoing COVID-19 public health
Articles About Louisiana Labor and Employment Law.
A Budding Challenge for Employers? Louisiana Expands Access to Medical Marijuana
In 2015, Louisiana passed a law authorizing the prescription of marijuana for the treatment of certain qualifying medical conditions, such as glaucoma, cancer, and spastic quadriplegia. In 2018, the statutory list of conditions was amended to include post-traumatic stress disorder, autism, and chronic pain. In the same amendment, the legislature
New Louisiana Law Grants COVID-19 Liability Protection to Businesses
As businesses attempt to navigate the post-COVID-19 landscape, one issue of concern is the possibility of claims for alleged COVID-19 exposure being brought by both customers and employees. These concerns have been complicated by the often conflicting guidance or requirements being placed on businesses from local, state, and federal governments
Louisiana Expands Access to Medical Marijuana
Louisiana’s governor signed into law on June 11, 2020 a measure amending the state’s medical marijuana law to make it easier for patients to obtain medical marijuana. The current version of Louisiana’s medical marijuana law permits use of medical marijuana to treat only certain specified illnesses. The new law provides
Louisiana and New Orleans Offer New Guidance on Reopening
Both the state of Louisiana and the city of New Orleans have provided additional information for businesses planning to reopen or expand operations once the current stay-at-home orders are lifted or modified. The state of Louisiana has launched a new Open Safely online platform, where businesses can register to receive up-to-the-minute information on what phase of the state’s reopening plan their businesses are considered to be in, what phase the state is in as Louisiana moves through phases of reopening, and what social distancing and sanitation guidelines apply to their specific operation in each phase.
Defining Business in Louisiana Non-Competition Agreements is Essential, Appeals Court Holds
A Louisiana appeals court in New Orleans recently overturned a trial court’s refusal to enforce a non-competition agreement. The appellate court’s decision instructs employers on the need to define the scope of their businesses for an enforceable agreement. Environmental Safety & Health Consulting Services, Inc. v. Fowler, 2019-CA-813 (La. 4 Cir. 3/11/20).
Louisiana “Stay at Home” Proclamation, Effective March 23 – What Does it Mean for Employers?
On Sunday, March 22, 2020, Louisiana Governor John Bel Edwards issued a statewide “Stay at Home” Proclamation that goes into effect at 5:00 p.m., Monday, March 23, 2020. The Proclamation requires all individuals in the State of Louisiana to “stay at home unless performing an essential activity” as defined by the Proclamation. The Proclamation is available here.
Louisiana Joins Other States in Issuing a ‘Stay at Home’ Order
In response to the coronavirus (COVID-19) pandemic, Louisiana Governor John Bel Edwards has issued a Statewide Stay at Home Order limiting the activities of all Louisianans.
Non-Compete Commences From Termination, Not Judgement, Louisiana Appellate Court Holds
An employee’s termination date – that is, the date the employee quits or is fired – may be critical to determining when his non-competition obligations expire. Under Louisiana law, a non-competition agreement “not to exceed a period of two years from termination of employment.” La. R.S. 23:921(C).
A Recent Trend In Louisiana Non-Compete Cases?
A trend may be developing in favor of non-compete agreements in Louisiana. Two recent appellate court decisions enforced their terms, even though they contained either overly broad or ambiguous language. The first is from the Louisiana Supreme Court, Causin, L.L.C. v. Pace Safety Consultants, LLC, which we have previously discussed. The second is from the U.S. Fifth Circuit, Brock Services, L.L.C. v. Rogillio, 19-30363 (Aug. 27, 2019).
Hacked? Compromised Information May Trigger Employer’s Duty to Notify Affected Employees
Hackers are getting creative. As they gather information about potential targets for identify theft and other cybercrimes, they increasingly target companies’ human resources departments. Employee records often contain troves of sensitive personal information that would be valuable to such criminals – from original employee applications with social security numbers and driver’s license numbers, bank draft forms with bank account information, and W2 forms and other tax documents.
Medical Marijuana Is Now Available in Louisiana
After four years of policy debate, rulemaking, testing, and approval, medical marijuana became available for purchase at nine Louisiana pharmacies yesterday.
Louisiana Supreme Court Allows Employer-Friendly Decision in Non-Compete Case to Stand
Drafting an enforceable (and meaningful) non-compete provision in an employment agreement can be difficult. Many states, like Louisiana, recognize that non-compete provisions in employment agreements raise a serious public policy concern.
Fifth Circuit Rules Louisiana Trade Secret Claim Does Not Preempt Claim For Conversion Of Confidential Info
The Louisiana Supreme Court has not addressed whether a claim under the Louisiana Uniform Trade Secrets Act (LUTSA) precludes a claim for conversion of confidential information. But the U.S. Fifth Circuit recently did in Brad Services, LLC v. Irex Corporation, No. 17-30660 (October 17, 2018), finding that these conversion claims are not preempted.
Louisiana Updates its Data Breach Notification Law
And now it’s Louisiana’s turn! After several states recently enacted or strengthened existing data breach notification laws (Colorado, Arizona, South Dakota and Alabama just to name a few…), on May 20th , Louisiana Governor John Edwards signed an amendment to the state’s Database Security Breach Notification Law (Act 382) which will take effect August 1, 2018.
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