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Louisiana

5th Circuit freezes 3 cases while courts consider NLRB’s constitutional status

08/25/2025

A three-judge panel of the 5th Circuit Court of Appeals on Aug. 19 said court orders barring the NLRB from pursuing unfair labor practices cases against SpaceX and two other companies should remain in place while their constitutional challenges are being litigated.

Bystander harassment reporter has rights, too

07/07/2025

The EEOC has long said that one of the keys to stopping workplace harassment is to encourage bystander reporting, where individuals witnessing or hearing about apparent harassment report what they saw or heard to HR. But sometimes, as happened in a recent case, management decides that rather than listen to the bystander, they’ll punish the messenger.

Why employers must move fast during accommodation process

06/12/2025

The ADA doesn’t set a time limit for the interactive accommodations process, but assumes everybody will act in good faith. So when the process takes too long, the employee can sue, alleging failure to accommodate. She doesn’t have to lose her job, pay or benefits to do so.

Clear violation of your rules? Courts won’t second-guess disciplinary decision

03/28/2025

You have workplace rules for a reason, and you can require employees to follow them. If someone breaks your rules or violates your policies, feel free to discipline them. As long as you enforce your rules evenhandedly and impose discipline consistently, courts are unlikely to second-guess your decision to punish employees.

Court says DOL can use salary level to determine exempt classification

03/03/2025

The Biden administration’s bid last year to raise the white-collar overtime salary threshold from $35,568 per year to $58,656 is dead, the victim of a series of court rulings that said the Department of Labor overstepped its authority by mandating such a big jump. However, one aspect of the OT threshold process stands.

Federal appeals court affirms: Overtime salary test is valid

09/20/2024

Ruling in Mayfield v. DOL, the 5th Circuit Court of Appeals rejected a challenge by a Texas restaurateur who argued that nothing in the Fair Labor Standards Act gave the DOL the authority to base overtime pay on anything except the kind of work employees perform.

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.