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Louisiana

Make sure supervisors understand: Do not ­discourage employees from using FMLA

09/02/2011
The FMLA gives eligible em­­ployees an absolute right to take leave and prohibits employers from discouraging employees from taking that leave. Anything that dissuades employees from using FMLA leave is grounds for litigation.

Don’t fear old, properly resolved complaint

09/02/2011

When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.

Beware double damages when sued under EPA

09/02/2011
Here’s something to consider when reviewing your pay and compensation packages: Employers that lose an Equal Pay Act claim may end up paying double damages.

Section 1983 claim must prove discriminatory agency policy

07/29/2011
Public employees who miss the deadlines for suing under various discrimination laws sometimes get another bite at the litigation apple with a claim under Section 1983. But Section 1983 lawsuits also require public employees to show that their employers had a custom or policy that resulted in discrimination. That’s hard to do.

Punishing son for father’s complaint is retaliation

06/30/2011
In January, the U.S. Supreme Court ruled in Thompson v. North American Stainless that it’s retaliation to fire someone because his fiancée complained about discrimination. Since then, courts have had to reconsider the idea that only the original complainant can sue for retaliation.

Work the ADA process when it isn’t obvious an employee has a qualifying disability

06/30/2011

Sometimes, employees jump right into requesting reasonable accommodations, even if it’s not obvious they have a disabling medical condition. Does the employer automatically violate the law by refusing to consider the request? That’s the question the 5th Circuit Court of Appeals just answered.

Employee must prove ‘willful’ FLSA violation

06/30/2011
The FLSA can be a trap for employers that don’t properly classify their workers. In fact, getting classification wrong can lead to class-action lawsuits and large back-pay awards. And to confuse things even more, if the employer acted “willfully,” employees get those double awards going back three years. Now the 5th Circuit Court of Ap­peals has at least made it a little harder for employees to collect those damages for three years.

Layoff OK after FMLA leave–with justification

06/30/2011
Employees who take FMLA leave don’t get greater protection from layoffs than employees who don’t take leave. As long as you can show that you would have eliminated a job even if the employee had not taken FMLA leave, the termination is fine.

Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack

06/01/2011

Here’s a new worry for employers: More and more employees who aren’t being directly targeted for har­­­­­­­ass­­ment are suing anyway. They claim that the fact that others may be experiencing sexual, racial or other forms of harassment means that they, in ­effect, are also victims. Some of those claims actually succeed.

Good cause to act? Don’t wait to terminate

06/01/2011
Sometimes, it’s smart to pull the termination trigger sooner rather than later. Waiting just gives the employee a chance to dig in—and plan a lawsuit.