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Louisiana

Postage and parking fees do not a lawsuit make

04/12/2017
Sometimes, all an employee has to do to bring a federal lawsuit is pay the filing fee. The result is that employers sometimes have to defend against bogus claims.

Warn supervisors they may be personally liable

04/12/2017
Remind bosses that, along with the organization, they can be personally sued for sexual harassment. Plus, sometimes the employer may be found not liable, but the supervisor is.

Retirement after FMLA isn’t accommodation

04/12/2017
What happens if an employee wants to retire at the end of leave? That makes a request for more leave unreasonable, according to a recent decision.

Performance falling short? Offer second chance with new boss before terminating

03/22/2017
The employee will have a hard time winning any subsequent lawsuit, since he had an additional chance to prove himself.

Rules entrapment can be considered retaliation

03/07/2017
If a worker files a harassment complaint and a supervisor decides to punish him by setting him up to violate a company rule, that can be retaliation. It doesn’t matter if the worker in question actually broke the rule.

Military-connected employees? It’s your duty to understand USERRA obligations

03/07/2017
USERRA extends workplace protection to those who return to work after active duty. Essentially under USERRA, those employees are no longer at-will employees; you may only terminate them for cause.

FMLA: You can require fitness-for-duty proof

03/07/2017
It’s perfectly acceptable to require employees who want to return to work following an absence to present a fitness-for-duty certificate from a medical provider. Just make sure you require it from all similarly situated employees.

Go ahead and fix flawed system–that’s not an admission of discrimination

02/07/2017
Employers should improve their hiring and promotion systems if they discover problems that can be fixed. Doing so after an employee has filed a discrimination complaint isn’t tantamount to admitting guilt.

5th Circuit: ADEA doesn’t allow damages for pain and suffering

02/07/2017
The 5th Circuit Court of Appeals has concluded that employees cannot obtain “pain and suffering” awards from employers that violate the Age Discrimination in Employment Act.

Beware triple whammy after FLSA retaliation

02/07/2017
Employers that retaliate against employees who file Fair Labor Standards Act claims don’t just face the prospect of owing back pay, plus double that amount in liquidated damages. They also potentially face a damage award for emotional distress.