Management Update
2020: Time to Protect Your Louisiana Business with Non-Compete Agreements
WHY ACT NOW?  2020 is here. In today’s competitive marketplace, non-compete agreements serve as a valuable tool. Businesses in Louisiana often use them to protect themselves from employees learning the business and leaving to compete with their ex-employer. Preparing now for such eventuality is critical to the long-term success of your business. What’s stopping you from utilizing non-compete agreements? Click here to read full article.
Don't Get Your Legal Advice from the News
I came across an article this week regarding some common misconceptions regarding an employer’s obligation to accommodate a pregnant employee that I thought would be of interest.

A CBS morning show recen tly stated that: “[U]nder the current federal law, while employers are prohibited from firing or refusing to hire pregnant workers, they aren’t always required to make any on-the-job accommodations, such as offering more bathroom breaks or temporary desk jobs.”

As you probably know, CBS’s take on the law is not entirely accurate. The US Supreme Court has held that an employer must offer a reasonable accommodation to a pregnant employee if it offers reasonable accommodations to other employees with a similarly disabling condition. The EEOC adopted the rationale of the Supreme Court and updated its guidance on pregnancy discrimination. Click here to read full article.
The Americans with Disabilities Act: How to Handle the Troll Under the Bridge
Many of us are aware of the story of the Troll under the Bridge. This story portrays a Troll that lives under a bridge and requires a toll from all who want to use the bridge. This classic fable carries with it some painful truths for those who want to conduct a business and come into contact with an Americans with Disabilities Act (“ADA”) lawsuit.

Just like the troll under the bridge, there are individuals and groups who demand a toll to do business: an ADA lawsuit. These tolls come in the form of cookie-cutter lawsuits filed in the thousands across the country alleging violations of the Americans with Disabilities Act, the Federal law designed to protect disabled individuals from discrimination based on accessibility to a business. The LA Times reports that almost 5,000 ADA lawsuits were filed in the first six months of 2018 and projected 10,000 total for the year. The evidence suggests that the number will be larger in 2019 and 2020. In an effort to make businesses equally accessible to all individuals regardless of disability, this Act has unfortunately also created the opportunity for individuals to take advantage of businesses by filing trivial ADA lawsuits in the thousands—many against hotel properties.

This article will discuss the basics of the Americans with Disabilities Act and the three main areas of troll litigation under the ADA, how these troll litigators typically operate, and what companies can do to minimize the likelihood of being caught in one of these lawsuits. Click here to read full article.
Upcoming Labor & Employment Seminars
Breazeale, Sachse & Wilson, L.L.P. Labor & Employment Attorneys
John T. Andrishok
john.andrishok@bswllp.com
225.381.8020
David C. Fleshman
david.fleshman@bswllp.com
225.381.8055
Murphy J. Foster, III
murphy.foster@bswllp.com
225.381.8015
Alexandra Cobb Hains
alex.hains@bswllp.com
225.381.3175
Philip Giorlando
philip.giorlando@bswllp.com
504.680.5244
Leo C. Hamilton
leo.hamilton@bswllp.com
225.381.8056
Rachael Jeanfreau
rachael.jeanfreau@bswllp.com
504.584.5467
Steven B. Loeb
steven.loeb@bswllp.com
225.381.8050
Eve B. Masinter
eve.masinter@bswllp.com
504.584.5468
Matthew M. McCluer
matthew.mccluer@bswllp.com
504.584.5469
E. Fredrick Preis, Jr.
fred.preis@bswllp.com
504.584.5470
Jacob E. Roussel
jacob.roussel@bswllp.com
225.381.3172
Melissa M. Shirley
melissa.shirley@bswllp.com
225.381.3173
Jerry L. Stovall, Jr.
jerry.stovall@bswllp.com
225.381.8042
Cody Waagner
cody.waagner@bswllp.com
225.381.8049