Rachael Jeanfreau

Partner - New Orleans

T: (504) 584-5467
F: (504) 584-5452
rachael.jeanfreau@bswllp.com

Rachael Jeanfreau is a partner in the New Orleans office, practicing in the areas of labor and employment law and commercial litigation. Ms. Jeanfreau received her Juris Doctor from Tulane University Law School, magna cum laude, in 2011 where she was a member of the Tulane Law Review. She received her Bachelor of Arts from Louisiana State University, summa cum laude, in 2007.

Practice Areas

Education

Tulane University Law School, J.D., magna cum laude, 2011

Louisiana State University, B.A., summa cum laude, 2007

Admissions

Louisiana, 2011

California, 2018

Professional Associations

Louisiana State Bar Association, Vice President of Labor and Employment Law Section

Program Committee Member, Academy of the Hospitality Industry Attorneys

Community Involvement

CABL Leadership Louisiana (Class of 2025)

New Orleans Regional Leadership Institute (NORLI), class of 2022

Leadership Jefferson, class of 2018

Honors and Awards

Named "Ones to Watch" by Best Lawyers (Since 2021)

Named a "Rising Star" in the area of Employment & Labor by Louisiana Super Lawyers 2015, 2017, 2018, 2019

AV^® Preeminent^TM Peer Review Rated.

"Top Lawyers of New Orleans" by New Orleans Magazine in Labor and Employment Law

Order of the Coif, Member

Tulane Law Review, Member (2009-2011)

Top 40 Young Lawyers Award, Louisiana State Bar Association Young Lawyers Division (2022)

Publications

“Is Your Hospital Prepared to Hire From the New Applicant Pool of International Physicians?” Louisiana Hospital Association's Impact Lawbrief, August 2024
“Weeding Out: Trouble for Federal Government Contractors” February 2024
“EEOC's "Algorithm" for AI in the Workplace” June 2021
“Weeding Out: Drug Testing Woes for Unionized Workplaces” March 2023
“NLRB-- Employer Surveillance During Remote Work May Violate Employee Rights” 11/22/22
“How Do You Protect Your Business from a Department of Labor Audit? Do One Yourself” October 2022
“Tying Federal Contractor Hands: DOL to Require Public Identification of Employer Lawyers During Union Organizing” September 2022
“I'm Not Amazon, Apple, or Starbucks: Why Should I Care About Union Organizing?” July 2022
“Should It Stay or Should It Go? The U.S. Supreme Court Stays OSHA Mandate and Lifts Stay of CMS Mandate” January 2022
“‘Tis the Season for Mandatory Federal COVID-19 Testing and Vaccinations: OSHA, Medicare Providers, and Federal Contractors” November 2021
“Biden's Path Out of the Pandemic: Employers Aren't Out of the Woods Yet” September 2021
“Hurricane Ida: Where to go for help?” September 2021
“All Hands on Deck: Employers Must be Cautious of Overtime Laws During Hurricane Ida Recovery” September 2021
“FEMA Critical Needs Assistance Already Hitting Louisiana Bank Accounts” September 2021
“Executives Grabbing a Mop: Salary Exempt Employees Performing Non- Exempt Work During the Aftermath of Hurricane Ida” September 2021
“The Long Road of COVID: How Employers Should Handle "Long COVID" as a Disability” August 2021
“Faith in the Vaccine: Sincerely-Held Religious Belief Exception to the COVID-19 Vaccines” August 2021
“Hospital Workers Sue Over Texas Employer's Vaccine Mandate” June 2021
“Indian Workers Allege Human Trafficking, Wage & Hour Violations by Hindu Temple” June 2021
“White Female Dog-Walker Alleges Race and Gender Discrimination, Defamation by Former Employer” May 2021
“Three Spring Cleaning Tips for Employers” May 2021
“Houston- We Have a Problem: Lessons to Learn from Elon Musk on the National Labor Relations Act and Social Media” April 2021
“President Biden's Day 1 Executive Orders and the Future for H-1B Visas” January 2021
“Congress' COVID-Relief Package Bill” January 2021
“Magic Mushrooms and Marijuana: Just Say… "OK?"” November 2020
“Department of Labor Regulations on the FFCRA: Summary” April 2020
“Department of Labor: Third Round of Guidance on the Families First Coronavirus Response Act” March 2020
“Department of Labor Additional Guidance on the Families First Coronavirus Response Act” March 2020
“Department of Labor Guidance on the Families First Coronavirus Response Act” March 2020
“COVID-19: Frequently Asked Questions For You and Your Business” March 2020
“Families First Coronavirus Response Act Summary--Employer Provisions” March 2020
“Independent Contractor or Employee: The Debate on Drivers Continues” Open Road, Issue 2, 2019, Summer 2019
“Employment Arbitration Update: Sixth Circuit Upholds Collective Action Waiver under FLSA” Recent Developments Louisiana Bar Journal, October 2018
“Employment Drug Testing Policies: Up in Smoke?” Biz New Orleans, Volume 4, Issue 12, September 2018
“Update on Transgender Protections under Title VII” LSBA Labor & Employment Law Section, April/May 2018
“Time is Money: The New FLSA Overtime Rule” Lagniappe Small Business Volume 42, Issue 5, December 2016
“The New FLSA Overtime Rule” The Corporate Counselor, Volume 31, Number 6, September 2016
“Employers, Watch Out: ACA-Related Retaliation Claims Are Coming” The Corporate Counselor, Vol. 30, No. 10, January 2016
“Triple Play Status Update: Firings For Employees’ Facebook Activity Unlawful” The Corporate Counselor, Vol. 30, No. 10, January 2016
“Recent NLRB Actions Force Employers to Change Established Policies and Practices” The Corporate Counselor, Volume 29, Number 11, February 2015
“Update on Transgender Rights in the Workplace” IADC Diversity Newsletter, January 2015
“Supreme Court Issues Four Decisions Favorable to Employers” The Corporate Counselor, Vol. 28, No. 5, September 2013
“EEOC Recognition of a Title VII Cause of Action for Transgender Individuals” IADC Committee Newsletter, December 2012
“Look Out! Recent EEOC Decisions Re-Interpret the Protections Offered by Title VII” The Corporate Counselor, Vol. 27, No. 5, September 2012
“The New Healthcare Landscape for Businesses under the Affordable Care Act” July 2012

Presentations

What You Need to Know about Staying Out of Trouble with the Wage & Hour Law, 2024 LMVA Winter Meeting, Shreveport, January 2024
What You Need to Know about Handling Sex Harassment Claims under Title VII and Title IX & Updates by the Biden Administration, Louisiana Public Charter Schools Annual Charter School Conference, New Orleans, December 2023
Coordinating FMLA, ADA, and Workers Compensation, Management Update, Baton Rouge, November 2023
“Blunt” Force Trauma: The Reality of Weed at Work and Other Off Duty Employee Conduct, Ninth Annual Update on L&E Law for the Construction Industry, Baton Rouge, October 2023
Dealing with Pregnant Employees and Those Who Have Returned to Work (The Pregnant Workers Fairness Act, PUMP for Nursing Mothers, Accommodations under Federal and Louisiana Law), Management Update, New Orleans, September 2023
Pending Labor/Employment Legislation in the Louisiana Legislature, Management Update, May 2023
“Blunt” Force Trauma: The Reality of Weed at Work and Other Off Duty Employee Conduct, 2023 Labor & Employment Conference for Healthcare Professionals, Baton Rouge, May 2023
Did I Do That?! - What Managers and Supervisors Can Be Personally Liable For Without Even Knowing It, Louisiana Veterinary Medical Association 2023 Winter Meeting, February 2023
Even Napoleon Had His Watergate - How to Avoid Harassment Claims & Other Workplace Waterloos/gates, Louisiana Veterinary Medical Association 2023 Winter Meeting, February 2023
Dazed and Confused: Dealing with Medical Leaves of Absence, Accommodations and Medical Marijuana, Louisiana Veterinary Medical Association 2023 Winter Meeting, February 2023
The Do’s and Don’ts of Employee Handbooks, Louisiana Public Charter School 2022 Conference, December 2022
Recognizing the Need for a Leave of Absence, Management Update, November 2022
Weeding Out Discrimination, Harassment & Retaliation Claims: What Employers Need to Know, Canna One, July 2022
Are We Federal Contractors and What Does that Mean?, Labor & Employment Conference for Healthcare Professionals, May, 2022
Stayin Out of Trouble with the Wage & Hour Law, Management Update, May, 2022
Recognizing the Need for a Leave of Absence, Management Update, May, 2022
Dealing with Sexual Harassment Complaints in Schools: Passing Title VII & Title IX with Flying Colors, Louisiana Public Charter School 2021 Conference, December, 2021
Surveying Significant Recent Louisiana State Employment Laws, Management Update, November, 2021
Reducing the Risk of Being Sued for Workplace Harassment, Management Update, November, 2021
Defeating Meritless Unemployment Compensation Claims, Management Update, November, 2021
Contractors’ COVID Concerns – Vaccination and Testing Mandates, Management Update, October, 2021
Taking Care With Employee Personnel Policies and Employment Applications, Management Update, September 9, 2021
Recent NLRB Restrictions Impacting Unionized and Non-Unionized Employees, Management Update, May 6, 2021
Money, Sex & Power: Gender in the Workplace, LSBA, March 26, 2021
Dealing With Medical Leaves of Absence – Paid and Unpaid, Management Update, January 26, 2021
Human Trafficking, Sexual Abuse, and the Workplace, ABA/EEO, November 18, 2020
How to Stay Out of Trouble with the Wage & Hour Division in Covid-19 Times, Management Update, November 13, 2020
Accommodating Employee Requests for Accommodation – Disability, Religion, Pregnancy, and Beyond, Sixth Annual Update on Labor & Employment Law for the Construction Industry, October 8, 2020
Revised Department of Labor Regulation on COVID-19 Employee Leave, LeadingAge Webinar, September 29, 2020
What Your Business Can Do About Human Trafficking and Sexual Abuse of Employees, Management Update, September 17, 2020
Mitigating Risk When ICE Comes Calling for I-9 Forms, Third Annual Labor & Employment for Healthcare Conference, March 12, 2020
Wage & Hour Challenges in an Election Year, Management Update, January 16, 2020
FMLA, ADA, Workers’ Compensation and Dealing with Marijuana, Louisiana Public Charter School 12th Annual Conference, December 6, 2019
Safely Using Criminal Background Checks in Employment, Management Update, Monroe, Louisiana, October 25, 2019
Employee Handbook Dos and Don’ts, Management Update, Monroe, Louisiana, October 25, 2019
Utilizing Non-Compete and Confidentiality Agreements, Management Update, Monroe, Louisiana, October 25, 2019
Social Media, Email, and Cell Phone Policies, Fifth Annual Update on Labor & Employment Law for the Construction Industry, Baton Rouge, Louisiana, October 2, 2019
Auditing your Compliance with Immigration Law, Management Update, New Orleans, September 12, 2019
How to Reduce the Risk of an I-9 Audit, American Association of School Personnel Administrators, Webinar, August 15, 2019
Staying Out of Wage & Hour Trouble, Management Update for the Transportation Industry, Baton Rouge, June 13, 2019
Handling Medical Leaves of Absence – FMLA, ADA & Worker’s Comp, Management Update for the Transportation Industry, Baton Rouge, June 13, 2019
Revisiting the Use of Non-Compete and Confidentiality Agreements in Louisiana, Management Update, New Orleans, May 23, 2019
The Bermuda Triangle: How to Navigate Workplace Leaves of Absence under the FMLA, ADA, and Workers’ Compensation, Central Louisiana SHRM, Alexandria, April 17, 2019
FLSA Wheel of Fortune: Panel Discussion, LSBA Developments in Labor & Employment Law, April 5 2019
Personal Liability of Healthcare Managers and Human Resource Representatives, Management Update for the Healthcare Industry, Baton Rouge, March 14, 2019
Terminating Thieving Employees, Management Update, New Orleans, January 24, 2019
Personal Liability for HR & Management Under Workplace Laws, Management Update, New Orleans, January 24, 2019
Preventing Discrimination and Retaliation Claims, Management Update for the Construction Industry, October 10, 2018
What You Need to Know About Employee Handbooks, Louisiana Public Charter School 11th Annual Conference, December 14, 2018
Preventing Discrimination and Retaliation Claims, Fourth Annual Labor & Employment Law Update for the Construction Industry, October 10, 2018
Mandatory Employee Arbitration and Class Action Waivers, LCIA Management Update Briefing, Baton Rouge, October 5, 2018
Recognizing the Need for a Leave of Absence, Management Update Briefing, Monroe, September 21, 2018
Reducing the Risk to Being Sued for Sexual Harassment, Management Update Briefing, Monroe, September 21, 2018
Staying Out of Trouble with the Federal Wage & Hour Law, Management Update Briefing, Monroe, September 21, 2018
Complying with the New Federal Wage & Hour Guidelines, Management Update Briefing, New Orleans, September 12, 2018
Staying Out of Wage & Hour Trouble, Management Update Briefing, New Orleans, September 12, 2018
Using Mandatory Employment Dispute Arbitration, Management Update Briefing, New Orleans, September 12, 2018
Hot Topics HR Cannot Ignore: ADA & FMLA, CUPA - HR: College & University Professional Association for Human Resources, June 8, 2018
The ADA & FMLA 101: What Employers Need to Know, Presentation for Hollis Companies, May 23, 2018
What the Trump NLRB Has Been Up To, Management Update Briefing, New Orleans, May 2, 2018
Dealing with Sexual Harassment Complaints, Management Update Briefing, New Orleans, May 2, 2018
Significant Louisiana Labor & Employment Laws, Management Update Briefing, New Orleans, January 24, 2018
Utilizing Non-Compete and Confidentiality Agreements, Management Update Briefing, New Orleans, January 24, 2018
Complying with the Wage & Hour Laws, Management Update Briefing, Baton Rouge, November 3, 2017
Complying with the Wage & Hour Laws, Management Update Briefing, Shreveport, October 27, 2017
Utilizing Non-Compete and Confidentiality Agreements, Management Update Briefing, Shreveport, October 27, 2017
Coping with Emerging Discrimination Issues - Medical Leaves of Absence and Criminal Convictions, Management Update Briefing, Shreveport, October 27, 2017
Dealing with Personnel Policies and Union Organizing under the Trump NLRB, Management Update Briefing, Shreveport, October 27, 2017
Reducing Legal Risks of Electronic Communication Usage, Management Update Briefing, Shreveport, October 27, 2017
What You Can Be Liable For Without Even Knowing It, Central Louisiana SHRM 2017 Annual Seminar, Alexandria, LA, October 18, 2017
Successfully Navigating the Intersection of the FMLA & ADA, NOLA SHRM 2017 Annual Seminar, New Orleans, September 27, 2017
How to Prepare For and Survive a DOL Investigation and Minimize Your Risk Under Wage & Hour Laws, Management Update Briefing, New Orleans, September 14, 2017
Dealing with the 3-headed animal: ADA, FMLA, and workers’ compensation, Management Update, New Orleans, September 14, 2017
Common Immigration Issues for Employers and The Trump Effect, Management Update Briefing, New Orleans, May 4, 2017
Hiring and Employing Former Criminal Offenders, Management Update Briefing, New Orleans, May 4, 2017
Reducing the Risk of Charges and Union Organizing Under the New NLRB, Management Update Briefing, New Orleans, February 2, 2017
Preventing Discrimination & Retaliation Claims, Second Annual Update on Labor and Employment Law for the Construction Industry, November 17, 2016
Dealing with Dramatic Changes in the Federal Wage & Hour Regulations, LCIA Management Update, Baton Rouge, November 04, 2016
Dealing with Dramatic Changes in the Federal Wage & Hour Regulations, Management Update Briefing, New Orleans, October 6, 2016
Labor Law and Pharmacy, 2016 LPA Annual Convention and Trade Show, July 23, 2016
ACA Compliance: Retaliation & the ACA, Society of Louisiana Certified Public Accountants 2016 Not-For-Profit Workshop, July 15, 2016
Defeating Meritless Unemployment Compensation Claims, Management Update Briefing, New Orleans, May 19, 2016
How to Minimize Your Risk by Properly Responding to Complaints of Harassment and Discrimination, Management Update Briefing, New Orleans, January 21, 2016
FMLA and ADA, Management Update for the Construction Industry, Baton Rouge, November 17, 2015
Successfully Navigating Medical Leaves of Absence FMLA, ADA, Management Update Briefing, Baton Rouge, November 13, 2015
Successfully Navigating Medical Leaves of Absence FMLA, ADA, Management Update Briefing, Shreveport, October 23, 2015
Cutting Edge Medical Issues to Accommodate Under the Americans With Disabilities Act, Management Update Briefing, New Orleans, September 3, 2015
Complying with the New Federal Wage & Hour Laws, Louisiana Hospital Association Seminar, August 28, 2015
A Review of Your Obligation to Accommodate Pregnant and 'Disabled' Employees in Light of Young v. UPS, Management Update Briefing, New Orleans, May 7, 2015
Smoking in the Workplace: Conflicts, Solutions and Law, Management Update Briefing, New Orleans, January 22, 2015
Federal Agency Updates: Religion, Criminal Background, and Social Media, Legal Perks Seminar, New Orleans, December 4, 2014
The EEOC Invades Personnel Policies: Accommodation of Theft and Working from Home; Criminal Backgrounds; Social Media, LCIA Management Update, Baton Rouge, November 21, 2014
Getting Ready for 2015: How Supreme Court Cases and Agency Regulations will Impact Labor and Employment Law, ABA/EEO Seminar, New Orleans, November 19, 2014
Social Media: An Employer's Source or Sin, Management Update Briefing, New Orleans, September 11, 2014
How to Reduce Your Chance of Being Sued by Your Employees, Management Update Briefing, New Orleans, May 15, 2014
An Overview of Employment Law Record Requirements: Should Electronic Records be Treated Any Differently?" and "Defeating Meritless Unemployment Compensation Claims, Management Update Briefing, New Orleans, February 6, 2014
Defending an Attack on Your Wage & Hour Program, Management Update Briefing, Baton Rouge, October 18, 2013
Safely Using Criminal Background Checks in Employment, Management Update Briefing, New Orleans, October, 10, 2013
Defending an Attack on Your Wage & Hour Program, Management Update Briefing, New Orleans, February 28, 2013
An Update on Healthcare Law, Management Update Briefing, New Orleans, September 20, 2012