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Louisiana

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.

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.