Employment Law Representing Management Interests

With employment attorneys in our 10 offices, the Employment Law Section is led by Kevin Barreca (metro-New Orleans) and David Clouston (Dallas), with guidance from our Senior Partner, David Israel (metro-New Orleans). 

On a nationwide basis, we defend companies that are in litigation, being investigated by regulatory agencies, or need assistance with internal investigations regarding all types of employment issues, employment discrimination claims, and alleged infringement of employee rights. We work with all employment practice insurance carriers. 

Our attorneys appear nationwide in federal and state courts and all federal and state regulatory agencies and regularly appear before: 

• the Equal Employment Opportunity Commission
• the Department of Labor’s Wage and Hour Division and state wage and hour enforcement agencies
• the National Labor Relations Board
• the Occupational Safety and Health Administration (for workplace safety, violence and whistleblower/SOX issues)
• Immigration and Customs Enforcement (for Form I-9 audits and related investigations)
• State attorneys general and state and local EEO enforcement agencies
• Office of Federal Contract Compliance Programs (affirmative action review and enforcement) 

We are your “one-stop shop” for labor and employment questions, problems, advice, litigation, or regulatory investigations! 

Litigation & Regulatory Investigation Staffing

Should you be sued or are the subject of a regulatory complaint, we staff cases, charges of discrimination, and investigations based on location, relationships, and expertise. In those states where we have an office, matters filed in that state are placed with that office. 

We always consider whether a particular attorney has a strong working relationship with plaintiff’s counsel or the federal or state agency office or investigator. Specialized attorney expertise factors into our matter assignment decisions. 

While all our employment attorneys are familiar with the various employment-related statutes and applicable law, an attorney with specialized experience may join the team to guide you through complex issues and provide an added edge to your defense.

Day-to-Day Advice and HR Assistance

A critical part of our practice is providing preventive, proactive, problem-solving advice that is practical. 

Through regularly scheduled client calls with our Employment Compliance Partner Program, seminars, and consulting, we help clients solve employment-related issues. 

The result: clients avoid unnecessary and expensive regulatory investigations and litigation. We have developed specialized employment expertise representing call centers nationwide and the myriad of laws and regulations that affect these employees. 

What We Provide:

• Nationwide employment litigation defense representation from single-plaintiff cases to the largest class actions, whether filed by plaintiff attorneys or government agencies.
• Nationwide coverage for all regulatory complaints from virtually every federal, state, and local enforcement agency relating to employment issues.
• A highly secure, technical Form I-9 Audit Process to ensure that clients have accurate I-9s on file by remediating I-9 issues before an ICE no-knock visit. Clients are trained to on-board employees properly and to follow state and federal employment authorization and Form I-9 requirements.
• Client audits for wage and hour compliance to ensure that employees are classified properly (exempt vs. non-exempt) under federal and state wage and hour laws, to defend Department of Labor and state agency investigations, and to protect against federal and related state collective actions (class actions).
• A review of affirmative action compliance by ensuring client affirmative action plans are compliant with the OFCCP requirements and that all “money-issues” (hiring, firing, transfers, promotions, demotions, and pay equity) are identified, analyzed, and corrected.
• The drafting and revising of employment handbooks, policies, and procedures so that clients can run their businesses knowing that various state and federal laws and regulations have been communicated properly.
• The drafting, reviewing, and revising of executive-level offer letters and employment agreements.
• The drafting and enforcement of arbitration agreements, non-compete agreements, and customer/client non-solicitation provisions to protect employer interests.
• Analyses (including pay disparities) if there is discriminatory treatment or impact with employment practices.
• Training in all aspects of employment law- from wage and hour compliance to FMLA to ensure there is no workplace harassment or misconduct.
• Day-to-Day employment law advice and legal support regarding internal investigations and documentation of the outcome in a privileged and confidential manner.
• The drafting of severance agreements, termination documents, performance improvement plans, and countless other communications and policies in a legally compliant manner.
• Due diligence for potential mergers and acquisitions to identify potential legal exposure and risk issues before any deal closing.
• WARN Act research, drafting, and advice regarding how and when to comply with federal and state notice requirements with respect to employee layoffs or extended furloughs.
• Using our Employment Compliance Partner Program, clients enjoy weekly or bimonthly calls with our employment attorneys addressing trending national employment issues and legal changes, but always addressing specific issues relating to client needs.

Practice Area Leaders

• ► Kevin G. Barreca
  Metairie: (504) 913-1579

• ► David R. Clouston
  Dallas: (214) 794-3920

• ► David Israel
  Metairie: (504) 669-0234

Related Attorneys

• ► Michael D. Alltmont, Metairie
• ► Harold A. Aucoin, Metairie
• ► Allison Cannizaro, Metairie
• ► Aaron R. Easley, Flemington
• ► Justin H. Homes , Metairie
• ► Debbie P. Kirkpatrick, San Diego
• ► Michael Ledet, Metairie
• ► Leslye E. Moseley, Dallas
• ► Charles Penot, Dallas
• ► Brian D. Roth, Metairie
• ► Michael P. Schuette, Tampa
• ► James K. Schultz, San Diego
• ► Bryan C. Shartle, Metairie
• ► Bradley St. Angelo, Metairie
• ► Tuan Van Uong, Los Angeles
• ► Dayle M. Van Hoose, Tampa
• ► Whitney L. White, Dallas
• ► Ashley Wydro, Tampa

Recent Highlights

• ► EEOC Issues Updated ADA Guidance as COVID-19 Health Emergency Ends
  May 26, 2023