Law and the Workplace
Minia Bremenstul

Minia Bremenstul

Associate

Minia E. Bremenstul is an associate in the Labor & Employment Law Department. Prior to joining Proskauer, she served as a law clerk to the Honorable Susie Morgan in the United States District Court for the Eastern District of Louisiana.

Minia graduated summa cum laude from the LSU Paul M. Hebert Law Center in 2014, where she was a member of the Order of the Coif. Minia also served as executive senior editor of the Louisiana Law Review and received the 2012-2013 Vinson & Elkins Award for best student comment or casenote.

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Fifth Circuit Joins Sister Circuits in Holding That Employees May Recover Emotional Distress Damages in FLSA Retaliation Suits

On December 19, 2016, the Fifth Circuit joined the Sixth and Seventh Circuits in holding that “employees” under the FLSA may recover emotional distress damages in FLSA retaliation actions, finding that the district court erred by refusing to instruct the jury on the availability of emotional distress damages for an employee’s retaliation claim. In so … Continue Reading

Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment

In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an employer allow a disabled person to compete equally with the rest of the world for a vacant position” as a reasonable accommodation, and employers are not required to reassign a disabled employee into … Continue Reading

Fifth Circuit Instructs that, When Raised, Arbitrability is a Gateway Issue that Must Be Considered Prior to Conditional Certification in FLSA Collective Actions

On October 4, 2016, the Fifth Circuit in Reyna v. International Bank of Commerce instructed district courts that when the issue of arbitrability is raised in a prompt motion to compel, it should be decided at the outset of the litigation—even prior to deciding conditional certification in FLSA collective actions. Reyna builds upon the Fifth … Continue Reading
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