Andrew P. Burnside

Shareholder || New Orleans

Admitted in Texas and Louisiana, 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, and handbooks. He also defends claims of defamation, invasion of privacy, wrongful discharge, and intentional infliction of emotional distress based on state laws. Drew has extensive employment law experience representing employers in both federal and state courts and federal and state administrative agencies. He often resolves matters favorably at the summary judgment stage.

A significant part of Drew’s work is defending companies against overtime lawsuits under the Fair Labor Standards Act and corresponding state laws. Because of his experience defending such lawsuits, Drew has expanded his practice in training clients and reworking policies to mitigate against the risk of future suits for unpaid overtime.

Working with clients in collective bargaining relationships, Drew regularly handles grievance and arbitration matters as well defends unfair labor practice charges for organized and union-free facilities.

Drew works with clients on policy updates and advice for clients on a national and international basis. Thanks to Ogletree Deakins’ Cross-Border Practice Group, Drew’s clients have received advice about stock options in the European Union, employment agreements in Zambia, restrictive covenant issues in Norway and South Africa, as well as independent contractor agreements in Canada.

Additionally, Drew is a chapter editor of and contributing author to The Family and Medical Leave Act treatise, published by BNA. He also was contributing author to The Developing Labor Law (3rd ed. BNA).

Learn more about Andrew P. Burnside

Representative Cases

  • Starks v. Superior Energy Services, LLC, 2018 WL 1409278 (E.D. La. March 21, 2018) (obtained summary judgment, dismissing case before answer or discovery, in client’s favor enforcing pre-litigation release)
  • 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);

Education

  • J.D., cum laude, Tulane University, 1984
  • A.B., cum laude, Kenyon College, 1979

Admittance to Practice

  • Louisiana
  • Texas
  • U.S. Court of Appeals, Fifth and Federal Circuits
  • U.S. District Court, Western District of Pennsylvania
  • U.S. District Court, District of Colorado
  • U.S. District Court, Eastern, Middle and Western Districts of Louisiana
  • U.S. District Court, Southern District of Texas

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 6, 2016
  • Fundamentals of Employment Law Seminar - "Workplace Harassment" - Lafayette - December 9, 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
  • March 13, 2017 - SHRM Online - "Should Employers Use the Fluctuating Workweek Method"
  • April 2016 - New Orleans CityBusiness - "Prepare Now for Overtime Rule Changes"
  • June 30, 2015 - New Orleans CityBusiness - "Proposed rule expands overtime protections"
  • AV rated by Martindale-Hubbell
  • Louisiana Super Lawyer (2013 – present)

Insights by Andrew P. Burnside