Written Comments on LBLS Employment Law Standards and Labor Law Standards Suspended by HOD & BOG Accepted until Wednesday, April 24, 2019
Dear Members,
The objective of the Louisiana State Bar Association Plan of Legal Specialization (“Plan”) is to promote the availability, accessibility and quality of the services of lawyers in particular fields of the law in order to better serve the public interest and improve public access to appropriate legal services and to advance the standards of the legal profession by encouraging specialized education in various fields of practice. There are currently ten approved specializations: Tax Law, Family Law, Business Bankruptcy Law, Consumer Bankruptcy Law, Labor Law, Employment Law, Estate Planning and Administration, Appellate Practice, Environmental Law and Health Law.
The Louisiana Supreme Court established the Louisiana Board of Legal Specialization (“LBLS”) in 1993 to assist consumers in finding a lawyer who has demonstrated ability and experience in specialized fields of law. The Louisiana Supreme Court included the specialty of Employment and Labor Law in the original Plan of Legal Specialization. In September 2014, the Louisiana Supreme Court approved the separation of Employment Law and Labor Law into two specializations. The LSBA House of Delegates (“HOD”) and Board of Governors (“BOG”) had approved the two separate specializations at their meeting in June 2014 without any opposition. The LBLS held a public hearing on April 13, 2016 on the proposed Labor Law Standards and Employment Law Standards. The standards for both specializations were revised to reflect concerns raised at the public hearing.
On January 21, 2017, the LSBA House of Delegates approved two LBLS Resolutions adopting standards for both Employment Law and Labor Law. (Employment and Labor). No one in the House of Delegates spoke against either Resolution. The LSBA Board of Governors ratified the action of the House of Delegates.
One year later two members of the House of Delegates filed two Resolutions to suspend the standards for Labor Law and Employment Law for further study, which were heard on January 20, 2018. (Employment and Labor) The Louisiana Board of Legal Specialization opposed the Resolutions. The LSBA House of Delegates and Board of Governors passed the Resolutions and the Standards were suspended for further study and consideration.
The 2018 Resolutions instruct LBLS to conduct further study into whether a majority of the affected practitioners support the Standards “in light of prior survey data demonstrating greater opposition than support” and “whether concerns over discriminatory effects and unfair competitive advantages can be adequately addressed.”
In compliance with the 2018 Resolutions, the Louisiana Board of Legal Specialization voted to hold public meetings to obtain comments from the Bar regarding the Standards governing specialization in Employment Law and Labor Law.
The first public meeting was held on August 16, 2018 in New Orleans. LBLS Chair Carl J. Servat III presided over the meeting and Board Member William R. Corbett attended the meeting. LBLS thanks LSBA President Barry H. Grodsky for his attendance and participation in the meeting and the interested members of the Bar who attended and voiced their opinions. LBLS also thanks LBLS Employment Law Advisory Commission Chair Donna Phillips Currault and LBLS Labor Law Advisory Commission members Jack K. Whitehead, Jr. and Gregory Guidry for their participation.
The second public meeting was held on October 3, 2018 in Baton Rouge. LBLS Board member William R. Corbett presided over the meeting. LBLS thanks 2019-2020 LSBA President-Elect Alainna R. Mire for her attendance and participation in the meeting, as well as the interested members of the Bar who attended and voiced their opinions. LBLS also thanks LBLS Labor Law Advisory Commission Chair Eric R. Miller and member Jack K. Whitehead, Jr., and LBLS Employment Law Advisory Commission member Darren A. Patin for their participation, and those members of the Bar, unable to attend the meeting, who sent written comments to the LBLS Employment Law Standards and Labor Law Standards.
The third public meeting was held on February 12, 2019 in Lafayette. LBLS Chair Carl J. Servat III presided over the meeting and Board Member William R. Corbett attended the meeting. LBLS thanks 2017-2018 LSBA President Dona K. Renegar for her attendance and participation in the meeting, as well as Eric R. Miller, Chair of the LBLS Labor Law Advisory Commission, and Joel P. Babineaux, a member of the LBLS Employment Law Advisory Commission, who also attended.
The fourth public meeting was held on April 2, 2019 in Shreveport. LBLS Vice Chair Kevin R. Molloy presided over the meeting. LBLS thanks 2014-2015 LSBA President Joseph L. Shea, Jr. for his attendance and participation in the meeting, as well as an interested member of the Bar who attended and voiced an opinion. LBLS also thanks LBLS Labor Law Advisory Commission members Pamela R. Jones and Bryce J. Denny, and LBLS Employment Law Advisory Commission member Jennifer W. Hilburn, for their participation, as well as interested members of the Bar who are sending in written comments.
The purpose of the four public hearings was to determine whether the LBLS Employment Law Standards and Labor Law Standards need to be revised based upon the Resolutions passed on January 20, 2018. LSBA members may still submit comments to the LBLS Employment Law Standards and Labor Law Standards to Specialization Director Mary Ann Wegmann by email (MaryAnn.Wegmann@lsba.org.) or by letter addressed to the LBLS, 601 St. Charles Avenue, New Orleans, LA 70130, no later than Wednesday, April 24, 2019.
Review the Employment Law Standards and the Labor Law Standards.
Employment Law Standards
Labor Law Standards
If you are interested in additional information, please contact Specialization Director, Mary Ann Wegmann, at (504) 619-0128, 1-800-421-5722, or MaryAnn.Wegmann@lsba.org.
Sincerely yours,
Carl J. Servat III, Chair
Louisiana Board of Legal Specialization