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Louisiana

Court: Arbitrators — not judges — should decide validity of arbitration agreements

09/06/2016
The 5th Circuit Court of Appeals has handed arbitrators the power to decide if arbitration agreements are valid. The appeals court ruled that it was legitimate to ask whether an arbitration agreement applied to an employee’s pre-existing Fair Labor Standards Act claim, but that it was a question best answered not by a judge, but by an arbitrator.

Legitimate discipline isn’t retaliation

09/06/2016
Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.

Different severance OK–if there’s a legal rationale

08/11/2016
When planning a reduction in force, you can offer different employees different severance payments—as long as it’s based on a nondiscriminatory reason, such as length of service.

Beware extra deductions from tip credits

08/11/2016

Employers are allowed to pay tipped employees less than minimum wage and take a credit for the difference through their tips. With minimum wage set at $7.25, employers may pay $2.13 per hour as long as tips make up the difference (or more). But can the employer deduct from the credit costs associated with credit card processing and calculating, cashing out and distributing the money?

DOT safety certification trumps ADA protection

08/11/2016

Some jobs require special government physical certifications as a pre-requisite to employment. These are generally designed to make sure the employee can safely perform a job that might otherwise put the public, or the employee, at risk of harm. What happens if such an employee becomes disabled?

Government employees don’t check their Constitutional rights at the workplace door

07/15/2016
Public employees don’t lose their First Amendment free speech rights when they take a government job. Their employer can’t punish them for speaking out on matters of public importance.

Document performance problems even if they are not serious enough to warrant discipline

07/13/2016

Sometimes, an employee’s performance problems may not seem serious enough to warrant a formal performance improvement plan. However, you should be sure to document the problems anyway. Those records will be useful if you later have to terminate someone for economic reasons.

Do the right thing, still get sued

01/04/2016
Here’s a reminder that even doing the right thing can mean a lawsuit.

Contradictory reasons for firing can backfire

01/04/2016
Before you decide to terminate em­­ployees for budgetary reasons, make sure you are prepared to justify that rationale. Otherwise—and especially if you provide other reasons later—your motivation may look suspect if the employee sues.

Resignation announced, then a change of heart: Can refusing to allow return be retaliation?

01/04/2016
Here’s a rather novel question being answered for the first time in the 5th Circuit, which has jurisdiction over Texas employers. Can the refusal to accept a request to rescind a resignation ever be an adverse em­­ployment action and retaliation for engaging in protected activity?