Andrew P. Burnside: Lawyer with Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Andrew P. Burnside

Phone504-648-2609

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Litigation
 
University Kenyon College, A.B., cum laude, 1979
 
Law SchoolTulane University, J.D., cum laude, 1984
 
Admitted1984, Louisiana; 2007, Texas; U.S. Court of Appeals, Fifth and Federal Circuits; U.S. Supreme Court
 
Memberships Defense Research Institute.
 
Biography

Member, The Maritime Lawyer, 1982-1984. Contributing Editor, The Developing Labor Law, 3rd ed. Arbitrator, FINRA Dispute Resolution. Chapter Editor: The Family and Medical Leave Act, BNA.

 
Reported CasesDeMolle v CHS Inc., No. 12-3030 E.D. La. 2014) (dismissing action for failure to comply with FRCP 4); Williams v Career Systems Devel. Corp., 2013 WL 123641 (E.D. La. 2013) (granting motion to dismiss and dismissing action on limitations grounds); Allen v Coil Tubing Services, LLC, 846 F. Supp.2d 678 (S.D. Tex. 2012), aff'd, ___ F.3d ___(2014) (part of team before district court obtaining dismissal of portion of case pursuant to Motor Carrier Act exemption to FLSA); Harding v. Raising Cane's USA, LLC, 55 So.3d 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 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.
 
ISLN908651731
 

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The Fifth Circuit Giveth and Then Taketh Away: Another Perspective on Fluctuating Workweeks in Overtime Cases
Andrew P. Burnside,Thomas Landers Watson, November 22, 2013
In the course of two months, two separate Fifth Circuit panels have issued decisions that call into question the application of the fluctuating workweek (FWW) method in suits for unpaid overtime based on misclassification.


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Andrew P. Burnside

701 Poydras Street, Suite 3500
New OrleansLA 70139




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