Quick Results
Professional Photo
Professionals

Brian Ballay

Shareholder

Brian M. Ballay concentrates his practice in commercial litigation, including contract and business litigation, disputes involving life insurance policies and annuities, unfair trade practices and trade secrets, employment disputes and construction law.

Featured Experience

Provided advice with respect to record keeping requirements and payments of health and welfare benefits on a federal communications contract.

Provided advice regarding Service Contract Act wage issues involving food-service contracts on military bases.

Advised clients with respect to Davis-Bacon Act record keeping and wage requirements for VA hospital construction.

Professional Biography

Overview

In the areas of employment law, Mr. Ballay focuses on unique wage and hour issues that arise under federal contracting law, including the Davis-Bacon and Service Contract Acts. In this regard, he has substantial experience counseling clients during wage and hour investigations conducted by the United States Department of Labor.

Further, he has assisted clients with bidding/rebidding on federal contracts governed by the Service Contract Act and satisfaction of prevailing wage requirements, including, but not limited to, conformance requests, satisfaction of health and welfare benefits, vacation and holiday pay issues.

Prior to joining Baker Donelson, he served as a judicial clerk for the Honorable Carl J. Barbier, United States District Court, Eastern District of Louisiana.

Representative Matters
  • Provided advice with respect to record keeping requirements and payments of health and welfare benefits on a federal communications contract.

  • Provided advice regarding Service Contract Act wage issues involving food-service contracts on military bases.

  • Advised clients with respect to Davis-Bacon Act record keeping and wage requirements for VA hospital construction.

  • Advised clients with respect to conformance process for service contracts.

  • Represented a national contractor in a large scale wage and hour investigation conducted under the Service Contract Act involving thousands of laborers.
  • Represented local contractors in wage and hour audits by the U.S. Department of Labor.
  • Prevailed before the Louisiana Court of Appeal, First Circuit in an appeal from a confirmed default judgment with the result that the judgment, which included injunctive relief, declaratory relief, monetary damages, the disqualification of prior counsel, statutory penalties and attorneys' fee awards, was vacated in its entirety because it was rendered without proper notice.
  • Obtained a judgment from the Louisiana Court of Appeal, First Circuit on behalf of a bank, vacating a trial court's judgment as null in a residential foreclosure action, after a debtor obtained a default judgment against a bank in an ex parte proceeding, resulting in the bank filing for a new trial, asserting a lack of notice. The circuit court vacated the trial court's judgment because the debtor had failed to send required notice of the date of the entry of the judgment of default by certified mail at least seven days, exclusive of holidays, before confirmation of the judgment of default, as is required by law.

  • Prevailed on appeal before the Louisiana Court of Appeals, Fourth Circuit, which affirmed the decision of the Civil District Court for the Parish of Orleans, Louisiana dismissing a gross negligence suit against a mortgage servicer related to alleged lender misconduct in the administration of so-called Section 203(k) financing.
Professional Honors & Activities
  • Listed as a Louisiana Super Lawyers in Business Litigation, 2018, 2019
  • Listed as a Louisiana Rising Star by Louisiana Super Lawyers, 2014
  • Member – Louisiana State Bar Association
  • Member – Federal Bar Association
  • Member – American Bar Association
  • Member – New Orleans Bar Association
  • Member – Jefferson Parish Bar Association
  • Member – Thomas More American Inn of Court
Publications

Industries

Education

  • Loyola University School of Law, J.D., 2004, magna cum laude
    • Editor-in-Chief, Loyola Law Review, 2003 – 2004
    • William L. Crowe, Sr. Scholar
  • Louisiana State University, B.A., 1997

Admissions

  • Louisiana
  • United States District Courts, Eastern, Middle and Western Districts of Louisiana
  • United States Fifth Circuit Court of Appeals
  • United States District Court, Southern District of Mississippi, pro hac vice
  • United States District Court, Southern District of Texas, pro hac vice

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept