Cited by

Opinions in Louisiana that cite Beard v. Summit Institute, 707 So. 2d 1233.

58 citing documents.

Michelle Zellner v. Loving Hearts of La, LLC La. Ct. App. 4th Cir. 2025
3/4/98), (citation omitted).
Intelligent Mortgage and Consulting Services LLC v. Arbor Lending Group, L.L.C., Paul Leblanc, Kevin Morgan, Angele Mixson, and … La. Ct. App. 1st Cir. 2024
Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation,, Inc., ( La.
Kira Reaver v. Degas House, L.L.C. La. Ct. App. 4th Cir. 2023
3/4/98), Steak, 15-1108, p. 6, 191 So.
Shuntea Scarbrough v. Lynmar Holdings, LLC d/b/a The Learning Center La. Ct. App. 1st Cir. 2022
Joshua J. Foster v. the City of Leesville La. Ct. App. 3d Cir. 2020
See Beard v. Summit Institute, 97–1784 (La.3/4/98), (an employer cannot require an employee to forfeit earned wages simply by enacting a policy to that effect).
Preis, Plc v. Jane Megan" Daily " La. Ct. App. 3d Cir. 2020
Gabriel Acosta v. American Pollution Control Corp. La. Ct. App. 3d Cir. 2018
Acosta v. Am. Pollution Control Corp. 262 So. 3d 470 La. Ct. App. 1st Cir. 2018
Calamia v. Core Labs., LP 249 So. 3d 1038 La. Ct. App. 1st Cir. 2018
3/4/98), , wherein the Louisiana Supreme Court held that when an employer agrees to pay employees for unused vacation time as a condition of their employment, that accrued vacation pay is compensation that is "due under the terms of employment" and constitutes wages under La.
U.L. Coleman Co. v. Gosslee 244 So. 3d 783 La. Ct. App. 2d Cir. 2017
3/4/98), ; Smith v. Acadiana Mortg.
Valentino v. Heart & Vascular Associates of Acadiana, P.C. 221 So. 3d 136 La. Ct. App. 1st Cir. 2017
Ali Fahed v. Fayz Ayesh La. Ct. App. 3d Cir. 2017
Fahed v. Ayesh 211 So. 3d 1179 La. Ct. App. 1st Cir. 2017
Chancze Leprettre v. Rcs, LLC La. Ct. App. 3d Cir. 2016
3/4/98), stated that, “[r]eliance on an unlawful company policy does not constitute a good faith non-arbitrary defense to liability for unpaid wages.” Furthermore, in order for the employer to be held liable for penalty wages, the employer’s actions must have been motivated through bad faith, or he must be found to
Leprettre v. RCS, LLC 206 So. 3d 1215 La. Ct. App. 1st Cir. 2016
3/4/98), , stated that, “[r]eliance on an unlawful company policy does not constitute a good faith non-arbitrary defense to liability for unpaid wages.” Furthermore, in order for the employer to be held liable for penalty wages, the employer’s actions must have been motivated through bad faith, or he must be found to hav
Steak v. Hat World, Inc. 191 So. 3d 712 La. Ct. App. 1st Cir. 2016
Spas, Inc., 02-2047, p. 4 (La.4/23/03), ; Beard v. Summit Institute for Pulmonary Medicine and Rehabilitation , Inc., 97-1784, p. 3 (La.3/4/98), .
Hess v. Magnolia Behavioral Healthcare, L.L.C. 189 So. 3d 1183 La. Ct. App. 1st Cir. 2016
In support of her position, Ms. Hess relies upon the Louisiana Supreme Court case, Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), .
McDonald v. Gannett River States Publishing Corp. 175 So. 3d 1030 La. Ct. App. 2d Cir. 2015
& Rehab., Inc., 1997-1784 (La.3/4/98), .
Roger Wortham, M.D. v. Acadia Healthcare, LLC La. Ct. App. 3d Cir. 2015
Wortham v. Acadia Healthcare, LLC 160 So. 3d 602 La. Ct. App. 1st Cir. 2015
Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), .
Chesterfield v. Genesis Hospice, L.L.C. 137 So. 3d 22 La. Ct. App. 1st Cir. 2013
Louisiana Revised Statutes 23:632, insofar as it imposes a penalty, “must be strictly construed and it may yield to equitable defenses.” Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), ; See also, Bannon v. Techeland Oil Corp., 205 La.
Davis v. St. Francisville Country Manor, L.L.C. 136 So. 3d 20 La. Ct. App. 1st Cir. 2013
2 The jurisprudence recognizes that vacation benefits that have accrued to an employee over the course of his or her employment are encompassed within the ambit of the statute as an “amount then due under the terms of employment.” See Beard v. Summit Institute for Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), , 3 and Barrilleaux v. Franklin Foundation Hospital, 96-0343 (La.App.
Granger v. Christus Health Central Louisiana 144 So. 3d 736 La. 2013
12/4/02), ; Beard v. Summit Institute of Pulmonary Medicine & Rehabilitation, 97-1784 (La.3/4/98), .
Jared Pavlu v. Global Data Systems, Inc. La. Ct. App. 3d Cir. 2012
and Rehab., Inc., 97-1784 (La.3/4/98)
Matthew Newsom v. Global Data Systems, Inc. La. Ct. App. 3d Cir. 2012
and Rehab., Inc., 97-1784 (La.3/4/98)
Newsom v. Global Data Systems, Inc. 107 So. 3d 781 La. Ct. App. 1st Cir. 2012
and Rehab., Inc., 97-1784 (La.3/4/98), .
Rodriguez v. Green 111 So. 3d 1 La. Ct. App. 1st Cir. 2012
Beard v. Summit Institute for Pulmonary Medicine and Rehabilitation, Inc., 97-1784, p. 7 (La.3/4/98), .
Ellerbe v. Ouachita Parish Police Jury 91 So. 3d 1209 La. Ct. App. 2d Cir. 2012
Beard v. Summit Inst, of Pulmonary Med., 97-1784 (La.3/4/98), ; Hattaway v. Health Paradigm LLC, 45,047 (La.App.
Avila v. Sanofi-Aventis, U.S. 90 So. 3d 1132 La. Ct. App. 1st Cir. 2012
She cites Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), , in which the Louisiana Supreme Court held that an employee who walked off the job was entitled to compensation for accrued vacation time, which constituted “wages” under company policy, notwithstanding the employer’s policy that an employee forfeits all accrued benefits when she walks off the job.
Martin v. Sterling Associates, Inc. 72 So. 3d 411 La. Ct. App. 2d Cir. 2011
23:631-632, the court noted that while penalty wage claims are subject to equitable defenses, Beard v. Summit Inst., 97-1784 (La.3/4/98), , an employer can avoid the penalty only with a “good-faith, non-arbitrary defense,” Carriere v. Pee Wee’s Equip.
Kaplon v. RIMKUS CONSULTING GROUP, INC. 39 So. 3d 725 La. Ct. App. 1st Cir. 2010
Berard v. L-3 Communications Vertex Aerospace, LLC 35 So. 3d 334 La. Ct. App. 1st Cir. 2010
& Rehab., Inc., 97-1784, p. 10 (La.3/4/98), .
Boyd v. Gynecologic Associates of Jefferson Parish, Inc. 15 So. 3d 268 La. Ct. App. 1st Cir. 2009
In Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation, Inc., 1997-1784 (La.3/4/98), , 1235 the Louisiana Supreme Court concluded: When an employer agrees to pay employees for unused vacation time as a condition of their employment, that accrued vacation pay is compensation that is earned during a pay period under Boudreaux .
Smith v. ACADIANA MORTG. OF LOUISIANA, INC. 975 So. 2d 143 La. Ct. App. 2d Cir. 2008
Beard v. Summit Institute for Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), ; Keiser, supra .
Lamar Tate Hutchinson, Jr. v. Trussco, Inc. La. Ct. App. 3d Cir. 2006
3/4/98), Carriere v. Pee Wee’s Equipment Co.
Hutchinson v. Trussco, Inc. 943 So. 2d 585 La. Ct. App. 3d Cir. 2006
and Rehab., Inc., 97-1784 (La.3/4/98)
Harrison v. CD Consulting, Inc. 934 So. 2d 166 La. Ct. App. 1st Cir. 2006
See Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), -37 .
Keiser v. Catholic Diocese of Shreveport 880 So. 2d 230 La. Ct. App. 2d Cir. 2004
Beard v. Summit Institute for Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), .
New Orleans Firefighters Local 632 v. City of New Orleans 876 So. 2d 211 La. Ct. App. 1st Cir. 2004
See Beard v. Summit Institute, 97-1784 (La.3/4/98), (an employer cannot require an employee to forfeit earned wages simply by enacting a policy to that effect).
Saacks v. Mohawk Carpet Corp. 855 So. 2d 359 La. Ct. App. 4th Cir. 2003
Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), .
LaFleur v. City of New Orleans 831 So. 2d 941 La. 2002
Id.; Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), .
Wyatt v. Avoyelles Parish School Bd. 831 So. 2d 906 La. 2002
The court next found that although the applicable "use it or lose it" policy did not allow accumulation of annual leave, it resulted in a forfeiture of a vested right, which this court found to be illegal in Beard v. Summit Institute of Pulmonary Medicine & Rehabilitation, 97-1784 (La.3/4/98), .
Becht v. Morgan Buildings & Spas, Inc. 822 So. 2d 56 La. Ct. App. 1st Cir. 2002
and Rehab., Inc., 97-1784 (La.3/4/98), .
Hudson v. JACKSON PARISH SCHOOL BD. 811 So. 2d 212 La. Ct. App. 2d Cir. 2002
We now turn to the issue of the applicability of the doctrine of contra non valentem, which, according to Mr. Hudson, tolled the running of prescription until March 4, 1998, when the supreme court rendered its decision in Beard v. Summit Institute for Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), .
Aguillard v. Crowley Garment Mfg. Co. 824 So. 2d 347 La. Ct. App. 3d Cir. 2002
& Rehab., Inc., 97-1784, p. 4 (La.3/4/98); (emphasis added).
Smith v. Dishman & Bennett Speciality Co., Inc. 805 So. 2d 1220 La. Ct. App. 2d Cir. 2002
*1226 23:632 and Beard v. Summit Institute for Pulmonary Medicine and Rehabilitation, Inc., 97-1784 (La.3/4/98), .
Wyatt v. Avoyelles Parish School Bd. 799 So. 2d 1197 La. Ct. App. 3d Cir. 2001
Beard v. Summit Institute for Pulmonary Medicine and Rehabilitation, 97-1784, p. 7 (La.3/4/98); .
New Orleans Firefighters Local 632 v. City of New Orleans 788 So. 2d 1166 La. 2001
See Beard v. Summit Institute, 97-1784 (La.3/4/98), (an employer cannot require an employee to forfeit earned wages simply by enacting a policy to that effect).
Picard v. Vermilion Parish School Bd. 783 So. 2d 590 La. Ct. App. 3d Cir. 2001
& Rehab., Inc., 97-1784 (La.3/4/98), .
Firefighters v. City of New Orleans 767 So. 2d 112 La. Ct. App. 4th Cir. 2000
Beard v. Summit Institute, 97-1784 (La.3/4/98), .