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Louisiana

Court won’t budge on 45-day bias claim deadline

12/29/2016
Federal employees have just 45 days to file a complaint about discrimination in the workplace.

You’re not expected to be an FMLA mind-reader

12/29/2016
Merely mentioning an illness isn’t the same as requesting FMLA leave.

Merely mentioning sick relative isn’t enough to constitute an FMLA request

12/29/2016
Before an employee can argue that her employer interfered with her FMLA rights, she has to have put the employer on notice that she needed leave.

Document every ADA accommodation

12/29/2016
Employers that grant disabled workers more flexibility in work requirements need to make sure they document every ADA accommodation request and every accommodation decision.

Make sure job descriptions reflect reality

12/12/2016
If an employee can show that a job description isn’t accurate, the court may take her employee’s word for it.

Transfer, training aren’t adverse actions

12/12/2016
Transferring an employee to another position that pays the same and carries the same benefits as the original position is not an adverse employment action.

OK to pay salary to nonexempt employees

11/08/2016
When a salaried employee works a different schedule, you must make sure your system captures the deviation and adjusts the paycheck accordingly.

Use documentation of past violations to justify harsh discipline

09/29/2016
Smart employers catalog every instance of discipline. Those records come in handy if you must fire one employee for breaking the same rule as another employee who wasn’t terminated.

Prepare to explain budget reason for job cuts

09/29/2016
If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.

Statements to licensing board aren’t retaliation

09/06/2016
Public employees who speak out about matters of public importance are protected from retaliation. But retaliation doesn’t include an employer’s complaint about the employee to a licensing board.