Matthew M. McCluer

Associate - New Orleans

T: (504) 584-5469
C: (504) 330-0907
F: (504) 584-5452
matthew.mccluer@bswllp.com

Matt's practice focuses on employment law with an emphasis on Title VII, EPA, ADEA, ADA and FLSA litigation, including individual suits as well as class and collective actions. He regularly assists clients with EEOC investigations and compliance, position letters, and drafting of employee handbooks, workplace policies, and non-solicitation/non-competition agreements. Matt also has experience in traditional labor relations and has defended employers in unfair labor practice proceedings before the NLRB.

Matt is an active member of the Louisiana State Bar Association, where he serves as Chair of the Labor Relations and Employment Law Section.

Matt is admitted to practice in all state and federal courts in Louisiana, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Supreme Court.

Practice Areas

Education

Mississippi College School of Law, J.D., cum laude, 2011

Louisiana State University, B.A. Political Science, 2008

Admissions

Admitted to practice in all Louisiana state and federal courts, U.S. Fifth Circuit Court of Appeals, and U.S. Supreme Court

Professional Associations

Louisiana State Bar Association: Chair, Labor Relations and Employment Law Section (2019-2020)

Defense Research Institute (DRI): Annual Meeting Vice-Chair, Employment and Labor Law Committee; Substantive Law Liaison, Young Lawyers Committee

American Bar Association: Annual Meeting Host Committee, Labor & Employment Law Section; Finals Co-Chair, Law Student Trial Advocacy Competition

Community Involvement

Leadership Jefferson, Class of 2023

Honors and Awards

Named "Ones to Watch" by Best Lawyers (2021,2022)

Super Lawyers "Louisiana Rising Stars" in Employment Litigation, Since 2014

AV^® Preeminent^TM Peer Review Rated.

Publications

“Untangling the Web of Federal Vaccine Mandates in Light of Recent Court Rulings Halting the OSHA and CMS Regulations” December 2021
“Three Spring Cleaning Tips for Employers” May 2021
“Election Enmity and Ballot Blues: Properly Managing Political Activity in the Workplace” February 2021
“Solving the Pay Puzzle: Wage and Hour Issues During the Coronavirus Pandemic” April 2020
Reading the Fine Print: Emerging Views on the Successorship Doctrine and Mandatory Arbitration Provisions, 31 Miss. Coll. L. Rev. 85 (2012)
DOL's Recent Guidance on the 'Economic Realities' Test and Effects on Independent Contractor Misclassification in the Energy Industry, Ogletree Deakins Insights (2015)
The Why, What, When and How of DOL's New Proposed Overtime Regulations, The Job Description, (DRI Quarterly Publication (2015)
Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated, Ogletree Deakins Insights (2016)

Presentations

Preventing Discrimination and Retaliation Claims, Fourth Annual Labor & Employment Law Update for the Construction Industry, October 10, 2018
Understanding and Responding to Drug and Alcohol Use in the Workplace, LCIA Management Update Briefing, Baton Rouge, October 5, 2018
Are These Workers My Employees?, Management Update Briefing, New Orleans, September 12, 2018
Managing Employee Leaves of Absence, National Business Institute Seminar: Health Care Legislative Update, 2014
Essential Issues Affecting In-House Counsel and Corporate Attorneys – Developments in Whistleblower Protections, Association of Corporate Counsel Seminar, 2015
Not Just Pay of Play: Pitfalls of Employer-Provided Healthcare Under the ACA's New Enforcement Provisions, LSBA Labor & Employment Seminar, 2016