Andrew P. Burnside

Shareholder New Orleans

Drew Burnside represents employers in federal and state courts, as well as federal and state administrative agencies, in employment law matters. Drew is admitted in Louisiana and Texas.

Drew has received an “AV” Preeminent Peer Review Rating by Martindale-Hubbell and was on the editorial board of Tulane Maritime Law Journal at Tulane University. He is a chapter editor of and contributing author to The Family and Medical Leave Act treatise, published by BNA. Drew also was contributing author to The Developing Labor Law (3rd ed. BNA).

Drew works with employers on issues arising under Title VII, ADEA, ADA, NLRA, FMLA, FLSA, WARN, ERISA and state laws concerning drug testing, non-competition agreements, trade secrets, handbooks, and defends claims of defamation, invasion of privacy, wrongful discharge and intentional infliction of emotional distress.

As an arbitrator with the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers), Drew hears cases involving securities and employment disputes.


Experience

Representative Cases

  • George v Fresenius Medical Care North America, 2016 U.S. Dist. LEXIS 125590 (M.D. La. Sept. 15, 2016) (granting summary judgment and dismissing harassment claims under Title VII and ADA and retaliation claims under Title VII)
  • Sanford v. Jacobs Technology Inc.,  2016 U.S. Dist. Lexis 8785 (S.D. Miss. Jan. 26, 2016) (granting summary judgment to employer and dismissing Plaintiff’s whistleblower claim under Mississippi common law)

  • ADT LLC and CWA, Local 3403, AAA No. 01-14-0002-1345 (S. Moreland IV, 2015)(deciding arbitration in favor of employer and upholding discharge of shop steward for violation of work rules)

  • Dunkel v. Warrior Energy Services Corp., 304 F.R.D. 193 (W.D. Pa. 2014) (denying Plaintiffs' motion for a nationwide collective action);
  • DeMolle v. CHS Inc., No. 12-3030 (E.D. La. 2014) (dismissing action for failure to comply with FRCP 4);
  • Allen v. Coil Tubing Services, LLC, 846 F. Supp.2d 678 (S.D. Tex. 2012), aff'd, 755 F.3d 279 (2014) (part of team before district court obtaining dismissal of portion of case pursuant to Motor Carrier Act exemption to FLSA);
  • Williams v. Career Systems Devel. Corp., 2013 WL 123641 (E.D. La. 2013) (granting motion to dismiss and dismissing action on limitations grounds);
  • Harding v. Raising Cane’s USA, LLC, 55 So.2d 837 (La. App. Ct. 5th Cir.), cert. denied, 63 So.2d.  999 (La. 2011) (appellate court affirmed summary dismissal in favor of client);
  • Garza v. Smith International, Inc., 17 W & H Cases 2d 764 (S.D. Tex. 2011)(part of team which obtained summary judgment for client applying Motor Carrier Act exemption to defeat action for overtime);
  • Farrell v. HRI Lodging, Inc., 17 W&H Cases2d 1412 (E.D. La. 2011) (granting summary judgment to employer dismissing FMLA claim because employee had not worked for client long enough to be eligible for FMLA leave);
  • Patterson v. FedEx Ground Package System, Inc., 10 So.3d 794 (La. App. 5th Cir. 2009)(affirming denial of leave to amend complaint because claims barred by statute of limitations);
  • Finley v. FedEx Ground Package System, Inc., No. 04-2142 (E.D. La. Oct. 29, 2008) (Granting Motion to Dismiss under Fed. R. Civ. P. 41(b) for non-prosecution);
  • Baker v. FedEx Ground Package System Inc., 278 Fed. Appx. 322 (5th Cir. 2008)(affirming summary judgment in favor of client dismissing action alleging racial discrimination, racial harassment, retaliation and intentional infliction of emotional distress claims);
  • CHS Inc. and PACE Local 4-447, 120 LA 775 (Allen 2004) (upholding discharge of employee for violating anti-moonlighting provision of contract);
  • Brown v. Historic Restoration, Inc., Case No. 2003-18758 (Civil District Court, Parish of Orleans)(granting employer's motion to enforce severance agreement);
  • Roberts v. Salton, Inc., Case No. 02-875 (M.D. La.) (granting motion in limine to exclude Plaintiff's vocational rehabilitation expert);
  • CHS Inc. and PACE Local 4-447, FMCS 02-0808 (Overstreet 2002) (upholding employer’s scheduling practices to minimize contractual overtime);
  • Livaccari v. Alden Engineering, Inc., 808 So.2d 383 (La. App. 1st Cir. 2000) (rendering judgment for employer holding employee did not state cause of action against employer for intentional tort);
  • Johnson v. Historic Restoration, Inc., Civil Action No. 98-3088 (E. D. La. July 19, 1999)(dismissing action based on employee’s failure to serve Complaint timely under Fed. R. Civ. P. 4);
  • Lewis v. RPS, Inc., Civil Action No. 97-1196 (M.D. La. May 17, 2000) (dismissing action against employer based on statute of limitations);
  • Dreher v. Sverdrup Technology, Inc., Civil Action No. 94-0011 (S.D. Miss. Oct. 1, 1996) (defense verdict for employer dismissing retaliation claim under False Claims Act);
  • Brannan v. Wyeth Laboratories, Inc., 526 So.2d 1101 (La. 1988) (filed amicus curiae brief in case upholding Louisiana’s employment-at-will rule);
  • Williams v. Conoco, Inc., 860 F.2d 1306 (5th Cir. 1988) (holding Louisiana's one year statute of limitations period applies to claim of employment discrimination under Louisiana law);

Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Labor and Employment Law Section; Federal Labor Standards Legislation Committee; Subcommittee on Developments under FMLA)
  • Louisiana Bar Association (licensed in Louisiana)
  • Texas State Bar Association (licensed in Texas)

Speeches:

  • UltiPro Lunch & Learn - ''New Salary Levels For the White Collar Exemptions'' - Baton Rouge - August 10, 2016
  • Ogletree Deakins Workplace Strategies Seminar - ''The ‘411’ on Part 541: Preparing for the New Overtime Regulations'' - Chicago - May 06, 2016
  • Fundamentals of Employment Law Seminar - ''Workplace Harassment'' - Lafayette - December 09, 2015
  • UltiPro Lunch & Learn - ''Proposed Changes to Part 541 Regulations'' - New Orleans - October 22, 2015
  • Fundamentals of Employment Law Seminar - ''Racial, Sexual and Other Forms of Harassment'' - New Orleans - September 12, 2012
  • Employment Law Update Seminar - ''FMLA, ADA and Workers’ Compensation Issues'' - New Orleans - October 15, 2002

Published Works

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Our Insights

Louisiana Court Finds Executive Order Extending Protections to LGBT Employees of State Contractors Unconstitutional

November 02, 2017

Louisiana Supreme Court Defines “Good Faith” for LEQA Whistleblower Actions

June 23, 2017

10th Circuit Finds Employee Who Only Worked in Colorado Falls Under State MCA Exemption

May 15, 2017

Louisiana Court Holds Employer Responsible for Failing to Protect Employee From Off-Duty Threat of Violence by Coworker

May 04, 2017

New Orleans Mayor Signs Executive Order Prohibiting Wage History Inquiries

February 02, 2017

Louisiana Executive Order Extending Protections to LGBT Employees of State Contractors Enjoined

December 19, 2016

Louisiana Supreme Court Bounces Out on Arbitration Clause

December 01, 2016

The Eighth Circuit & the ADA, Part II: Must a Request for Accommodation be Explicit?

November 01, 2016

The Eighth Circuit & the ADA, Part I: Court Tips the Scale in Employer’s Favor in Suit Challenging Sleep Test for Overweight Workers

October 31, 2016

Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated

August 03, 2016

New Poster for Hospitality Employers in Louisiana

August 02, 2016

New Orleans Adopts Legislation Prohibiting City Contractors From Conducting Employment-Related Credit Checks

July 26, 2016

New Louisiana Laws Will Impact Employers

July 21, 2016

LGBT Antidiscrimination Provisions to Apply to Louisiana Contractors on July 1

June 30, 2016

WARN Act and Oil Field Rightsizing: Court Finds Layoff Does Not Require Notice

June 13, 2016

The First Circuit's FWW Decision and Its Impact on Oilfield Employers

March 03, 2016

First Circuit Approves Use of FWW Method for Pay That Varies Due to Performance-Based Commissions

March 03, 2016

Liquidated Damages: A Viable Alternative to Noncompetition Agreements in Louisiana?

January 19, 2016

New Orleans ‘Living Wage’ Law Goes Into Effect

January 19, 2016

New Orleans WHD to Aggressively Investigate Oilfield, Maritime Employers

January 12, 2016

Louisiana Workforce Commission Finds Employers Misclassify Workers as Independent Contractors

November 30, 2015

Per Diems and the Regular Rate of Pay: What to Know for Your Overtime Calculation

November 05, 2015

Federal Court Upholds Louisiana Ban on Project Labor Agreements

August 31, 2015

Louisiana Federal Court Cautions Against Seeking Enforcement of Invalid Noncompete Agreements

August 31, 2015

The Fifth Circuit Giveth and Then Taketh Away: Another Perspective on Fluctuating Workweeks in Overtime Cases

November 14, 2013

Media

Media Quotes

March 13, 2017 - SHRM Online - "Should Employers Use the Fluctuating Workweek Method"
April 2016 - New Orleans CityBusiness - "Prepare Now for Overtime Rule Changes"

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