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Louisiana

DOL’s 80/20 tip-credit rule overturned

08/30/2024

A federal appeals court on Aug. 23 struck down a Department of Labor rule governing how tipped workers must be paid for performing work for which they cannot receive tips.

He said, they said: No records puts employer in a messy place

06/20/2024

Lawsuits for unpaid overtime aren’t always so cut-and-dried. They can come in layers, with each layer costing you more. The 5th Circuit ruled that an employer could be liable for unpaid overtime if it misclassified workers as independent contractors, even though the workers had scant evidence of their unpaid overtime.

CROWN Act alert: Ensure grooming rules don’t perpetuate hairstyle bias

05/03/2024

One of the fastest-growing legal anti-discrimination trends is an effort to outlaw discrimination on the basis of employees’ hairstyles. So far, efforts to pass a national law have proven unsuccessful. However, that hasn’t stopped the EEOC from pursuing litigation against employers accused of natural hair discrimination, as a recent case shows.

How to save millions even if you lose in court: Good-faith investigation can prevent huge punitive damages

03/13/2024

Always investigate every HR complaint, even if you think it’s frivolous. Doing so can help you dodge a huge punitive awards verdict if a jury sides with a fired worker. What matters most is that the investigation is done in good faith.

Lessen liability by quickly addressing sexual harassment

02/23/2024

Just having a policy that prohibits sexual harassment can prevent harassment from occurring. Most employers also make it easy for employees to report harassment they experience or witness.

Get written acknowledgment for every missed shift

02/02/2024

Employers that have clear rules and apply them fairly seldom lose termination lawsuits—if they can prove their employees understood the rules. One of the best ways to demonstrate that is by consistently having workers acknowledge that they broke a rule. Do this at the time you discipline the worker, pointing out what rule they broke. A brief written disciplinary notice with a space for the employee’s signature should to the trick.

DEI on the chopping block? Appeals court tees it up

08/25/2023

A federal appeals court just made it harder for some employers to defend against discrimination claims, and the ruling could set up a big Supreme Court fight that may put diversity, equity and inclusion programs in jeopardy nationwide.

ADA: Consider hybrid work as possible reasonable accommodation

08/07/2023

Under the ADA, disabled workers may be entitled to modified work schedules if it will allow them to perform the essential functions of their jobs. However, most courts recognize that in-person work can be an essential job function. But then there’s hybrid work in which employees sometimes report to their employers’ premises and sometimes work from home. Can hybrid work be a reasonable accommodation for a disabled worker?

Is working a 16-hour shift an essential function? Maybe

08/04/2023

The ADA requires employers to make reasonable accommodations so disabled employees can perform the essential functions of their jobs. Generally, employers get to determine which functions are essential and which are not. Courts tend to defer to an employer’s assessment of what’s essential and what is not when determining whether a reasonable accommodation is possible. However, it’s not a slam-dunk that they will.

Court to Tesla: Anti-union meetings OK, Musk’s tweets are illegal threats

04/24/2023

A federal appeals court has weighed in on what management can do to dissuade employees from voting to unionize. It said holding meetings to explain why the employer opposes the union is fine. However, instituting a workplace rule that says employees can’t talk to the media illegally infringes on worker rights under the National Labor Relations Act.