E. Fredrick Preis, Jr.

Partner - New Orleans

T: (504) 584-5470
F: (504) 584-5452
fred.preis@bswllp.com

Fred Preis is a partner in the New Orleans office where he is a senior member of the labor and employment law section. Prior to serving as an officer in the United States Army, Fred earned both his undergraduate degree in business and his law degree from Louisiana State University. He has been representing management in labor law and employee relations matters throughout the United States for more than 30 years.

As both a trial lawyer and advisor, Fred has served as lead labor counsel for Fortune 500 companies, as well as trade associations and employers in numerous mid-sized and small industries and businesses throughout the United States. He is sought after as a speaker and known as an innovator in the development of employee relations programs and has testified before the State legislature on a number of occasions. He has also been interviewed and used as a source by the Wall Street Journal. Fred is past Chairman of both the Louisiana and New Orleans Bar Association Labor Law Sections and was named by the Louisiana State Bar Association to the initial eight-member commission on Labor Law Legal Specialization where he was elected Vice-Chair. He is a member of the Board of Editors for The Corporate Counselor, a national newsletter. Fred was selected by City Business Newspaper for the Legal Hall of Fame and has been recognized by Super Lawyers Magazine, and the New Orleans Magazine as one of the outstanding lawyers in the field of labor and employment law. He has repeatedly been named as one of America’s leading labor and employment lawyers by the well-respected news publication, Chambers USA America’s Leading Lawyers for Business in Louisiana.

Active in many business and civic endeavors, Fred is Chairman Emeritus of the New Orleans Chamber of Commerce, former Chairman of the Jefferson Parish Chamber of Commerce and past chairman of the Louisiana Association of Business and Industry (LABI) which functions as the State Chamber of Commerce. Fred serves as an officer on the Executive Committee of the Jefferson Business Council and as Chairman of the Louisiana Right to Work Committee and recently completed terms as Chairman of the American Red Cross Southeastern Louisiana Division and President of the Louisiana Liaison Group of Federal Government Contractors. He was also Chairman of the National Legal Committee for Leading Age Long Term Care Association and continues as a long-time member of the National Committee.

Fred has completed terms of office as President of Willow Wood/Woldenburg Home for the Aged, President of the Louisiana Hospital Association Society of Hospital Attorneys, Chairman of the Board of Directors of Goodwill Industries, and as a member of the Board of Directors of GNO, Inc., CBNO/MAC, World Trade Center, and the Rotary Club where he is a Paul Harris fellow.

Fred has written numerous scholarly articles on employment law, which have appeared in publications such as the Loyola Law Review, The Corporate Counselor, Employee Relations Law Journal, CityBusiness, and the Louisiana State Bar Journal. He also is a contributing editor to The Developing Labor Law book published by the American Bar Association.

Practice Areas

Education

Paul M. Hebert Law Center, Louisiana State University, J.D., 1974

Louisiana State University, B.S., 1971

Admissions

Louisiana, 1974

All Federal District Courts in Louisiana

All Louisiana State Courts

U.S. Supreme Court

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Seventh Circuit

Professional Associations

American Bar Association, Member of the Developing Labor Law Board of Editors

American Red Cross Southeast Louisiana Chapter, Former Chairman, Board of Directors, Executive Committee, and Chair of Nominating Committee

Council for a Better Louisiana - 2010 Leadership Louisiana

GNO, Inc., Board of Directors

Goodwill Industries of Southeastern Louisiana, Past Chairman of the Board of Directors

Jefferson Chamber of Commerce, Chairman of Political Action Committee, Immediate Past Chairman, Past secretary of the Board of Directors and Current Board Member

Louisiana Association of Business & Industry, immediate past Chairman of the Board of Directors and Member of Executive Committee and Board of Directors; Louisiana Right to Work Committee's Board of Directors and Vice President

Louisiana Hospital Association, Past President of Society of Hospital Attorneys

Louisiana State Bar Association, Past Chairman; Labor Law Section, Vice-Chair Labor Law Specialization Advisory Commission, 2016

National Academy of Hospitality Industry Attorneys, Charter Member

New Orleans Bar Association, Past Chairman - Labor Law Section

New Orleans Chamber Foundation, Treasurer

New Orleans Chamber of Commerce, Past Chairman of the Board of Directors

New Orleans, Metropolitan Convention and Visitors Bureau , Served 3 terms as member of Board of Directors

Rotary Club of New Orleans, Past Member of the Board of Directors, Paul Harris Fellow and Member of the Board of Directors of New Orleans Rotary Foundation

Louisiana Liaison Group State Association of Federal Government Contractors, Past President

Leading Age Non-Profit Long Term Care Association National Legal Committee, Chair, (2016-2017)

Jefferson Business Council Member, 2017-Present

Leading Age Compliance & Business Ethics Advisory Group, Member, 2017

Leading Age Nursing Home Advisory Group, Member, 2017

Jefferson Business Council Executive Board for 2019

Honors and Awards

Chambers USA: America's Leading Lawyers for Business for Louisiana - Labor and Employment, since 2004

AV^® Preeminent^TM Peer Review Rated. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories legal ability and general ethical standards.

New Orleans CityBusiness Leadership in Law Class of 2006, 2008 and 2013 and Hall of Fame Member

Louisiana Super Lawyers - Employment & Labor; Employment Litigation: Defense, 2007, 2008

Named "Top Lawyers of New Orleans" by New Orleans Magazine, 2014, 2015, 2016, 2017, 2018, 2020

Publications

“Weeding Out: Drug Testing Woes for Unionized Workplaces” March 2023
“Time is Money: Facing Wage and Hour Issues -- DOL's Clarification of Remote Worker Wage and Hour Rules” February 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
“Public Employer Medical Marijuana Law” August 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
“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
“Congress' COVID-Relief Package Bill” January 2021
“EEOC and OSHA Guidance Regarding COVID-19” April 2020
“Department of Labor Regulations on the FFCRA: Summary” April 2020
“CARES Act Mid-Sized Business Loans: The Union Neutrality Trade-Off” 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
“Families First Coronavirus Response Act Summary--Employer Provisions” March 2020
“The Americans with Disabilities Act: How to Handle the Troll Under the Bridge” January 2020
“Employment Drug Testing Policies: Up in Smoke?” Biz New Orleans, Volume 4, Issue 12, September 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
“Legal Update: Tip Pooling and Mandatory Service Charges” January 2014
“Supreme Court Issues Four Decisions Favorable to Employers” The Corporate Counselor, Vol. 28, No. 5, September 2013
“Look Out! Recent EEOC Decisions Re-Interpret the Protections Offered by Title VII” The Corporate Counselor, Vol. 27, No. 5, September 2012
"The Developing Labor Law ABA Book Supplement", Contributing Editor
"Are Your Independent Contractors Really Independent?", The Corporate Counselor, Vol. 26, No. 1. (February 2011)
"Wage and Hour News: Overtime Regulations Overhauled", Louisiana Hospital Association Impact Lawbrief 4/2004 Volume 19, No.4
"U.S. Supreme Court Rejects Labor Board's Latest Test for Supervisory Status of Nurses", Impact Weekly 6/2001 Volume 16, No. 6
"High Court Upholds Arbitration of Employment Disputes", The Corporate Counselor 4/2001 Volume 15, No. 11
"Labor Board Rules that Temporary Employees May Be Included In Bargaining Units with Regular Employees", Impact Weekly 3/2001 Volume 16, No. 3
"Executive Compensation" Matthew Bender 2001 (2001)
"Courts Rule in Interesting Disability Discrimination Cases" Impact Weekly 12/2000 Volume 15, No. 12
"Labor Board Rules that Temporary Employees May Be Included in Bargaining Units with Regular Employees" Impact Weekly 10/2000 Volume 15, No. 10
"ERISA Lawsuit Dismissed Against Hospital that Discharged Nurse for Dishonesty" Impact Weekly 8/2000 Volume 15, No. 8
"COBRA and the 1999 Proposed Regulations" The Corporate Counselor 6/2000 Volume 15, No. 11
"Hospitals' Actions Towards Asthmatic Employee Did Not Violate Americans with Disabilities Act" Impact Weekly 6/2000 Volume 15, No. 6
"Nurses Launch a "Revolution"" Impact Weekly 6/2000 Volume 15, No. 5
"Court Affirms INS View That Nursing Is Not Always A Specialty Occupation" Impact Weekly 2/2000 Volume 15, No. 2
"Beck Rights: One of Labor's Best-kept Secrets Reconnaissance" 2000 Volume II, No. 1 (Spring 2000)
"Selected Louisiana Laws Affecting Hotels and Motels" 1/1995 (1995)
"Loyola Law Review Fifth Circuit Symposium" 1993 Volume 39, No. 3 (1993)
"Loyola Law Review Fifth Circuit Symposium" 1992 Volume 38, No. 3 (1992)
"Loyola Law Review Fifth Circuit Symposium" 1991 Volume 37, No. 3 (1991)
"Business Law Monographs Executive Compensation" 1990 (1990)
"Loyola Law Review Fifth Circuit Symposium" 1990 Volume 36, No. 3 (1990)
"Loyola Law Review Fifth Circuit Symposium" 1989 Volume 34, No. 4 (1989)

Presentations

Hiring Individuals with a Criminal Background, Employer Summit Sponsored by:Right on Crime, October 25th, 2018
Today’s Significant Hotel Industry Labor/Employment/HR Developments, Choice Hotel Owners Council - Owners and Operators Region 2 Town Hall Workshop, March 26th 2019