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Louisiana

Case of the Week: Ensure HR reviews, signs off on all PIPs

04/17/2023

When an employee needs to do a better job, supervisors are often the ones charged with creating a performance improvement plan. Since PIPs are often a last-chance option for underperforming employees, it’s common for them to include stringent attendance requirements. But allowing supervisors to set the terms of a PIP without close HR supervision can be a big mistake.

Offer equal access to high-quality training

02/16/2023

A federal appeals court has ruled that unequal or inadequate training may be an adverse employment action that can justify a discrimination lawsuit—just like demotion, failure to promote and termination.

Appeals court: Federal contractors don’t have to ensure their employees are vaccinated

12/22/2022

In a 2-1 decision, the 5th Circuit Court of Appeals upheld a lower court’s preliminary injunction blocking a federal mandate requiring federal contractors to ensure their employees are vaccinated against COVID as a condition of receiving government work.

Medical cannabis bill is back in Louisiana

12/15/2022

Veterans and first responders who use medical cannabis should be shielded from workplace discrimination, urge some military members and first responders in Louisiana. Last year, a bill to do just that failed in the state legislature. It’s back this session.

Promoting or hiring? Be sure to document why your choice is best

12/15/2022

Whenever you’re hiring or promoting from within and choosing from several candidates, someone is going to be disappointed. And that means there’s the potential for legal trouble if you don’t make sure your process was lawsuit-proof.

Lactation breaks may cause resentment

11/01/2022

The right to unlimited lactation breaks can create scheduling headaches as co-workers and supervisors scramble to ensure coverage. Some co-workers may even express resentment. Fortunately, a recent federal appeals case doesn’t hold employers responsible for this.

They didn’t seriously argue that, did they? Only male cops get weekends off?

08/18/2022

A federal appeals court has upheld a policy that looks like blatant sex discrimination.

Supreme Court to hear FLSA case this fall

05/12/2022

When the Supreme Court considers an upcoming employment law case this fall, the outcome may rest on how narrowly Congress drafted the Fair Labor Standards Act.

No need to tell employee why she was fired

11/29/2021

When terminating an employee, you don’t necessarily have to explain the exact reason for your decision. However, you must still document your rationale at the time you decide to fire. If the employee sues, a court will want to see when and why you arrived at the decision, all documented at the time.

Stamp out racially hostile environment

11/18/2021

It can be difficult for HR to keep track of every liability threat. You might never learn that a rogue supervisor is harassing subordinates. Without constant vigilance, it’s easy for a racially hostile work environment to fester.