Kyle A. Ferachi is a member in the firm's Houston and Baton Rouge offices practicing labor and employment law and commercial litigation. Kyle defends private employers against various allegations of violations of federal and state statutes governing discrimination, harassment, ERISA claims, whistle-blower claims, OSHA complaints and post accident investigations, and non-compete agreements. Kyle also regularly advises employers on legal considerations when using social media in the workplace, including the creation and implementation of social media policies.
Kyle represents employers in responding to allegations brought before the United States Health and Occupational Review Commission, the Equal Employment Opportunity Commission and Louisiana Commission on Human Rights. He also works with clients to prevent employment claims by drafting policy manuals, conducting training seminars for managers and employees, and advising clients on employment decisions, such as hiring and termination. Kyle litigates employment matters at the state and appellate levels. Additionally, Kyle teaches the labor and employment law course for the Louisiana State University Paralegal Studies Program, and he frequently speaks to employers and trade groups on social media in the workplace.
In addition to his labor and employment practice, Kyle also practices in the firm's commercial litigation section. He has experience handling energy litigation matters, including litigating Outer Continental Shelf Lands Act, Jones Act and land-based oil and gas claims. Kyle also regularly defends property owners regarding premises liability claims.
Published Opinions
· Suire v. William A. Helis Co., LLC, 2005-1042 (La. 11/29/05), 915 So.2d 351
· Snyder v. Belmont Homes, Inc., 2004-0445 (La.App. 1 Cir 2/16/05), 899 So.2d 57
· Landry v. United Scaffolding, Inc., 337 F.Supp.2d 808 (M.D.La. 2004)
Professional Affiliations
· American Bar Association
· Baton Rouge Bar Association, Board of Directors (2009-Present); Young Lawyers Council Chair (2009); Secretary/Treasurer (2007)
· The Federal Bar Association
· Louisiana State Bar Association, Young Lawyers Section Chair-Elect (2012-2013); House of Delegates (2010-2012); Young Lawyers Section Council
Presentations
· "Ethics, Law Office Management and Professionalism for New Practitioners," Moderator, 4/2012
· "Social Networking," Louisiana Fifth Circuit Judges Association Annual Fall CLE Program, 11/2011
· "Social Media and Technology: From the Perspective of the Judge, the Lawyer and the Litigant/Evidentiary Issues Arising in Domestic Relations Cases," 2011 Domestic Relations, 8/2011
· "Off-the-Clock Claims: Managing and Defending Against Emerging Claims Involving Donning and Doffing, the 'Continuous Workday'," Social Media/Social Networking, and More, 5/2011
· "Legal Issues that Impact HR," PRO*ACT, LLC "HR Share Meeting", 4/2011
· "Social Media for Attorneys," Baton Rouge Bar Association, 12/2010
· "Social Media for Attorneys," 21st Judicial District Court Bar Association, 12/2010
· "Social Media for Family Lawyers," Baton Rouge Bar Association Family Law Section Annual Meeting, 11/2010
· "Social Media in the Workplace - A Discussion on Social Media Legal Considerations and Development of Social Media Policies," Public Relations Association of Louisiana, Baton Rouge Chapter Monthly Membership Meeting, 10/2010
· "CEO Seminar and Workshop on Social Media Policies in the Workplace," Coastal Social, 9/2010
· "Exempt or Non-Exempt: Avoiding Critical Misclassifications and Defending Against a New Wave of Misclassification Claims," 2010 American Conference Institute Wage & Hour Forum, 5/2010
· "Employer's Guide to Social Networking Media," Baton Rouge Bar Association Law Expo, 9/2009
· "Recent Developments in Employment Law: What Every Employer Needs to Know," Louisiana-Mississippi Hospice and Palliative Care Organization Leadership Conference, 7/31/2009
· "Updates on Recent Legislation Affecting Employers," 2009 Wright & Percy Benefits Symposium, 3/17/2009
· "Suddenly a Supervisor: 11 Practical Training and Development Tips for Brand-New Frontline Managers," Business & Legal Reports Seminar, 3/2008
· "Workplace Fatalities, from Incident through Investigation," CCSI, Inc. Manager's Meeting, 1/2008
· "Top 10 Employment Update," 11/2007
· "The New 2007 EEO-1 Reporting Rules," Business and Legal Reports, Inc., audio conference presenter, 8/2007
· "Employment Law Update," 6/2007
· "Contracts and Business Organizations," Louisiana State University Paralegal Program, substitute teacher, 9/2006 & 4/2007
· "Torts, an Overview of Merchant Liability," Baton Rouge Bar Association, CLE by the Hour, 12/2006
· "Preventing Sexual Harassment in the Workplace," Tire Kingdom, Southern Managers Meeting, 8/2005
Publications
· "Social media for employers and lawyers who advise employers," Westlaw Journal Employment/Thomson Reuters News & Insight, 11/2011
· "The Impact of Recent Regulatory Developments in Employment Law," Inside the Minds, 2011 ed., Chapter Author, Aspatore 11/2010
· "Employers Must Remember Section 7 Rights," Law360, 12/2010
· "Of course we don't have to pay overtime: our employees are exempt! Aren't they?" Association of Corporate Counsel Newsstand, 10/2010
· "Focus on...Wages and Hours," Employee Benefit Plan Review, Vol. 65 No. 3, Aspatore Publishers, 9/2010
· "The Impact of Recent Regulatory Developments on Employment Law," Inside the Minds, Chapter Contributor, 9/2010
· "Social Networking - an Employer's Perspective," Around the Bar, a publication of the Baton Rouge Bar Association, 12/2009
Community and Other Activities
· Greater Baton Rouge Tennis Association, President, Board of Directors
· Adult Literacy Advocates of Baton Rouge, Board of Directors
Awards & Honors
· Baton Rouge Bar Association President's Award, 2005
(Also at Houston, Texas Office)