Employment Law Board Certification by the Louisiana Board of Legal Specialization

The Louisiana Board of Legal Specialization sets forth rigorous standards for attorneys seeking certification in Employment Law. These standards ensure that certified specialists possess the necessary expertise and dedication to excel in this specialized field. Below is a detailed overview of the requirements:

1. Active Bar Membership

• Eligibility: Applicants must be active members in good standing of the Louisiana State Bar Association at the time of application.

2. Experience

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice immediately preceding their application, with a focus on Employment Law.
• Specialization Focus: Specifically, during 60 of the 84 months immediately preceding the application year, applicants must have dedicated at least 25% of their full-time practice to Employment Law, which includes handling matters related to employer-employee relationships, excluding workers’ compensation, except in cases of retaliatory discharge.

3. Continuing Legal Education (CLE)

• CLE Credits: Applicants must complete a minimum of 15 hours of CLE in Employment Law within the application year. These CLE hours must be approved by the Louisiana Mandatory Continuing Legal Education (MCLE) Committee and must focus on relevant Employment Law topics, including issues like discrimination, wage and hour laws, employment contracts, and more.
• Ongoing CLE: Once certified, specialists must continue to complete at least 15 hours of CLE annually in Employment Law to maintain their certification.

4. Professional References

• Reference Requirements: Applicants must submit at least five reference statements from practicing attorneys who can attest to their competence in Employment Law. At least one of these references must come from a Board-Certified Employment Law Specialist (though this requirement may be waived if there are not enough certified specialists available).

5. Professional Liability Insurance

• Insurance Coverage: Applicants must maintain professional liability insurance with a minimum coverage of $500,000. This insurance policy must be offered by a company that is reasonably acceptable to the Board. Proof of insurance must be submitted with the application and must be maintained throughout the period of certification.

6. Written Examination

• Exam Requirement: All applicants must take and pass a written examination that tests their knowledge and skills in Employment Law. This exam is designed to ensure that only those with a deep understanding of the field are granted certification.

7. Certification Duration and Recertification

• Five-Year Certification: Certification as an Employment Law Specialist is valid for five years. During this time, certified specialists must continue to meet all maintenance requirements, including annual CLE and professional liability insurance.
• Recertification Process: Every five years, specialists must apply for recertification, demonstrating continued compliance with the certification standards, including ongoing CLE, active practice in Employment Law, and maintenance of professional liability insurance.

These standards ensure that attorneys who are certified as specialists in Employment Law are highly qualified and maintain a strong commitment to staying current in this evolving field. This certification serves as a mark of excellence, distinguishing these attorneys as experts in handling complex employment-related legal issues.

The application process for obtaining Board certification in Employment Law from the Louisiana Board of Legal Specialization is comprehensive and involves several critical steps:

1. Eligibility and Bar Membership

• Active Membership: Ensure you are an active member in good standing with the Louisiana State Bar Association.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have a minimum of five years of full-time legal practice leading up to the application, with at least 25% of that time dedicated to Employment Law during 60 of the 84 months immediately preceding the application year.
• Employment Law Focus: The practice must involve handling matters such as employer-employee relationships, discrimination cases, wage and hour issues, employment contracts, and other related legal issues.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete at least 15 hours of CLE in Employment Law within the year of application. These credits must be approved by the Mandatory Continuing Legal Education (MCLE) Committee and focus on relevant Employment Law topics.

4. Professional References

• Reference Submission: Submit at least five reference statements from practicing attorneys, with at least one reference from a Board-Certified Employment Law Specialist. These references should attest to the applicant’s competence and experience in Employment Law.

5. Professional Liability Insurance

• Insurance Requirement: Applicants must maintain a professional liability insurance policy with a minimum coverage of $500,000. The policy must be from a provider acceptable to the Board, and proof of insurance must be included with the application.

6. Written Examination

• Examination: Applicants must pass a written examination that tests their knowledge and expertise in Employment Law. This examination ensures that only those with a deep understanding of the field are granted certification.

7. Application Submission

• Complete and Submit: Once all the above requirements are met, the application, including all supporting documents, must be submitted to the Louisiana Board of Legal Specialization for review.

This detailed process is designed to ensure that only highly qualified attorneys receive certification in Employment Law, maintaining a standard of excellence within the field.

Maintaining certification as an Employment Law specialist through the Louisiana Board of Legal Specialization requires a continuous commitment to professional excellence. Certified specialists must adhere to specific annual duties, engage in a structured recertification process every five years, and be aware of the conditions under which decertification can occur. These requirements ensure that certified attorneys remain knowledgeable, ethical, and capable of providing top-tier legal services in the field of Employment Law.

Annual Duties

Certified Employment Law specialists must fulfill the following ongoing obligations:

1. Continuing Legal Education (CLE): Specialists must complete at least 15 hours of CLE in Employment Law each year. These CLE credits must be approved by the Louisiana Mandatory Continuing Legal Education (MCLE) Committee, with up to eight excess hours carrying forward to the next year.

2. Professional Liability Insurance: Specialists must maintain professional liability insurance with a minimum coverage of $500,000, providing proof of this insurance annually.

3. Active Practice and Bar Membership: Specialists must certify annually that they are active members in good standing with the Louisiana State Bar Association and that they are engaged in full-time legal practice, with at least 25% of their practice focused on Employment Law.

4. Payment of Fees: Specialists must pay all required fees as stipulated by the Louisiana Board of Legal Specialization.

Recertification

• Five-Year Recertification Cycle: Every five years, specialists must apply for recertification, demonstrating continued compliance with all certification standards, including maintaining the required CLE, insurance, and practice focus.
• Application Process: Specialists must submit a recertification application, including all necessary documentation and certifications of ongoing practice in Employment Law.

Decertification

• Grounds for Decertification: The Louisiana Board of Legal Specialization may revoke a specialist’s certification for failure to comply with the annual duties, including not meeting CLE requirements, maintaining professional liability insurance, or adhering to the practice focus and bar membership standards.
• Process: The Board may also decertify a specialist for any other reasons outlined in the Louisiana State Bar Association's Plan of Legal Specialization. Specialists will be notified and may have the opportunity to appeal the decision.

These duties and processes ensure that Employment Law specialists maintain the highest level of professional competence and ethical standards throughout their careers.