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Louisiana

State-by-State Chart on Final-Pay Laws

08/14/2013
This chart summarizes the states’ final-pay laws. States without laws have been omitted.

Drug test inconclusive? Offer a second chance

08/07/2013
If a prehire drug test is inconclusive, you may want to offer the applicant a second chance to take the test.

Have solid reason for termination if employee previously engaged in protected activity

08/07/2013
Employees who file discrimination charges are protected from retaliation; any adverse action an employer takes afterward can be retaliation. The closer in time the two events are, the more likely a retaliation claim will stick. Your only real protection is having a rock-solid reason for your action.

When FMLA leave expires, no need to offer more time off to balance work/life issues

08/07/2013

Despite the FMLA’s protections, supervisors are free to insist on consistent attendance. They can require employees to meet job goals as long as they don’t interfere with their FMLA rights and don’t treat them differently than employees who haven’t exercised their FMLA rights. Simply put, reg­­ular attendance is a reasonable work expectation.

It’s always OK to fire for insubordination

08/07/2013
Some employees just aren’t team players. In some jobs, that doesn’t really matter. But in others, it does—and employers have the right to expect employees to get along with others, including their supervisors. If they can’t or won’t, it’s perfectly legal to terminate for insubordination.

When it comes to discipline, details matter

07/30/2013
Here’s an important reminder for HR professionals and managers who must investigate employee misconduct and decide on appropriate discipline. Don’t forget to provide a detailed account of what happened, whom you interviewed and how you arrived at an appropriate punishment. Make sure similar misconduct results in similar consequences.

Zip it! Keep all investigations confidential

07/17/2013
Employees who participate in internal investigations into discrimination charges are protected from retaliation. That’s why it’s good policy to keep investigations confidential. Don’t divulge the names of cooperating employees to anyone who doesn’t need to know.

Court: True volunteers aren’t covered by Title VII

06/26/2013
Except under very limited circumstances, volunteers aren’t considered employees under Title VII. That means they can’t sue for things like sexual harassment.

Even innocent age-related comments can trigger a bias lawsuit

06/26/2013
Here’s something to add to your regular training sessions for managers and supervisors. Warn them against making age-related comments. These can backfire, even if they aren’t intended to be ageist or demeaning to anyone.

Court rules firing based on lactation is sex discrimination under Title VII, PDA

06/26/2013
The EEOC has won a major case in its ongoing efforts to help lactating women who want to return to work. The 5th Circuit has accepted the commission’s interpretation that firing a woman who needs a place to express milk at work is both sex discrimination under Title VII and violates the Pregnancy Discrimination Act (PDA) because lactation is related to pregnancy.