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Louisiana

Government employers: Slipshod investigation can sink defense in cases involving free speech

11/03/2014
Here’s a warning for public em­­ployers that want to discharge an employee for allegedly speaking out inappropriately: Make sure you conduct a thorough investigation that at least allows the employee a chance to defend his actions before you terminate him.

You may be joint employer despite EEOC filing

11/03/2014
When employees file EEOC charges, they are supposed to name all potential defendants and explain what they allegedly did wrong. But sometimes it’s hard to figure out corporate relationships—for example, a joint employer relationship involving a corporate entity and an individually owned franchise.

Frustration about disability won’t cost a lawsuit

11/03/2014
Sometimes, the tension between sympathy for a disabled worker and a need for productivity leads to frustration and perhaps even ill-­chosen words. Luckily, one or two such incidents aren’t likely to end in a big jury award.

Texas employers: Getting bias cases into federal court just got a little easier

10/07/2014

“You have been sued.” When employers first read these words and realize the lawsuit launched against them is in a state court, most Texas employers—indeed, most employers—make it their first order of business to get the case moved to a federal court. Why? Defense attorneys cite various advantages to be gained from such a change, which is known as removal.

Don’t play God! It’s not up to you to decide what’s a real religious belief

10/07/2014

Employers must reasonably accommodate employees’ religious beliefs unless doing so would cause undue hardship. Some employers take this to mean they get to decide what constitutes a genuine religious belief—and nix requests for time off for religious observances that don’t fit their defi­nition. That’s legal blasphemy!

Where legal trouble lurks: Even unwritten rules must be enforced fairly and consistently

10/07/2014
Before disciplining an employee who says she did what she did because her supervisor told her it was OK, make sure others following the same informal rule were treated the same. If you fire or demote one, you must fire or demote the other.

Beware ‘demotions’ that merely strip duties

10/07/2014

Employees alleging discrimination or retaliation for engaging in protected activity have to show they suffered an adverse employment action. Typically, that means they were fired, demoted or transferred to a less desirable position. But what if the employer simply removes responsibilities, even as the worker retains his title, pay and benefits?

No need to establish absolute proof before terminating alleged harasser

07/31/2014
Employers shouldn’t worry too much about firing an employee they believe sexually harassed another employee. As long as you conduct an investigation and reasonably believe the employee broke company rules against harassment, a court likely won’t second-guess your judgment. You don’t have to be absolutely right… just honest.

Employee not ready to return after FMLA leave? She may be eligible for additional unpaid leave

07/31/2014
Do you have a rule that says employees who aren’t ready to return from FMLA leave when their time is up face termination? If so, consider providing at least limited flexibility under one circumstance.

Workweek isn’t based on consecutive days

07/31/2014

Under the FLSA, employees are entitled to overtime for hours worked over 40 in any workweek. However, the law doesn’t specify how a workweek is determined…