Andrew P. Burnside

Drew is a Director in the firm’s Labor and Employment and Litigation sections. Since 1984, he has represented employers in federal and state courts, as well as federal and state administrative agencies in employment law matters.

Drew has received an "AV" 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 was also contributing author to The Developing Labor Law (3rd ed. BNA).

Practice Emphasis
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. He also defends resellers and manufacturers in actions brought under the Louisiana Products Liability Act and related tort claims.

Education
Kenyon College (A.B., cum laude, 1979)
Tulane University (J.D., cum laude, 1984)

Admitted
1984, Louisiana
2007, Texas
U.S. Court of Appeals, Fifth and Federal Circuits
U.S. Supreme Court

Affiliations
American Bar Association (Labor & Employment Law Section; Employee Rights and Responsibilities Committee; Subcommittee on Developments under FMLA)
Louisiana Bar Association

Representative Cases

• Harding v. Raising Cane’s USA, LLC, 55 So.2d 837 (La. App. Ct. 5th Cir.), cert. denied, ___So.2d. ___ (La. May 27, 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 and 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)
• 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)

Publications

• The Family and Medical Leave Act, (BNA 2005)
  Contributing Author to Chapter 4
• The Family and Medical Leave Act Supplement (2006-08) Contributing Author to and Chapter Editor of Chapter 4

Seminars

• Payroll Audit Compliance in Louisiana, 11/19/2008
• Employment Law from A to Z, 11/4/2008
• Defending Wrongful Discharge Claims Under Louisiana Law, 03/15/2005
• Controlling Excessive Employee Absenteeism, 10/12/2004
• Employee Illnesses and Injuries: Employer's Rights and Obligations in Louisiana, 07/14/2004
• Conquering Payroll in Louisiana, 04/29/2004
• Hiring and Firing, 11/21/2003
• Return to Work Issues in Workers' Compensation in Louisiana, 08/6/2003
• Corporate Trade Secret Protection in Louisiana, 07/27/2001
• Basic Wage And Hour Law In Louisiana, 10/6/2000
• Defending Wrongful Discharge Claims Under Louisiana Law, 01/19/2000
• Louisiana Labor and Employment Law, 04/9/1999
• Louisiana Labor and Employment Law, 01/9/1998
• Employee Handbooks in Louisiana: Drafting and Enforcing Sound Procedures and Policies, 07/24/1997