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
Articles About Louisiana Labor and Employment Law.
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’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
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.
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).
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.
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.
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 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).
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.
After four years of policy debate, rulemaking, testing, and approval, medical marijuana became available for purchase at nine Louisiana pharmacies yesterday.
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.
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.
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.
May an employer enforce a contract provision that forbids an employee to leave and take another job that would require him to use or reveal the employer’s confidential information? In Louisiana, maybe not, unless the agreement complies with Louisiana’s non-compete statute, La. Rev. Stat. § 23:921.