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News and Updates on Oil & Gas Legal Issues

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Your non-compete agreement is probably not enforceable. Here’s why.

Posted in Employment Law

Non-compete agreements have come under increased scrutiny.  This is especially true in employment contracts for laborers and other non-managerial employees who do not have access to trade secrets or intellectual property.  In Louisiana, a non-compete agreement must meet strict requirements to be enforceable.  If you’ve been using the same non-compete agreement for years or for… Continue Reading

Enforcement of Non-Compete Agreements in Louisiana Still an Uphill Battle

Posted in Employment Law, Legal Updates

Under Louisiana law, “[e]very contact or agreement, or provision thereof, by which anyone is restrained from exercising a lawful profession trade, or business of any kind, except as [otherwise] provided [by law], shall be null and void.”  See La. R.S. 23:921(A)(1).  The Louisiana First Circuit’s recent decision in Envirozone, LLC v. The Tarp Depot, Inc.,… Continue Reading

U.S. Supreme Court Greenlights Expansive Arbitration Clauses in Employment Contracts

Posted in Class Action, Employment Law

On May 21, 2018, the United States Supreme Court issued a landmark decision on employers’ ability to include mandatory and individualized arbitration clauses in contacts with their employees.  The issue came before the high court in cases from the Fifth, Seventh, and Ninth Circuits.  See Epic Sys. Corp. v. Lewis, Docket No. 16-285 (May 21,… Continue Reading

Department of Labor Issues Guidance on Misclassification of Employees as Independent Contractors

Posted in Employment Law, News

Employers who rely upon contract workers should be aware of the most recent guidance issued by the U.S. Department of Labor.  In short, the DOL considers the definition of “employee” under the Fair Labor Standards Act (“FLSA”) to be broad, and warns that “most workers are employees under the FLSA’s broad definitions.”  Workers who are classified… Continue Reading

Recent Department of Labor Enforcement Actions against Oilfield Services Contractors

Posted in Employment Law, News

Oilfield services contractors and employers should be aware of the most recent successful wage enforcement actions by the U.S. Department of Labor.  The DOL recently announced that it recovered $4.5 million in back wages from two major contractors engaged in natural gas extraction operations in the Marcellus Shale region of Pennsylvania and West Virginia. The… Continue Reading

Phil Antis Authors “The Fate of the Unpaid Intern-The Saga Continues” for the July Issue of The Federal Lawyer

Posted in Employment Law

The best internship programs provide invaluable experiences, challenging assignments, and real-world immersion not found in the classroom. The worst are glorified mailroom or data-entry positions disguised as internships for employers looking for free or cheap labor. Regardless of the quality of the experience, private-sector entities must place strict guidelines on unpaid internship programs to comply… Continue Reading