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Louisiana

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.

Firing during FMLA leave? Prove FMLA wasn’t reason

11/04/2021

Employees cannot be fired for taking FMLA leave. If you must terminate someone who has taken FMLA leave, be prepared to show it had nothing to do with their leave-taking. Do that by contemporaneously documenting what led to the termination and when you made the decision to fire.

Insist on HR approval before revoking offer

09/23/2021

As an HR professional, your role is to help your organization run well while staying out of legal trouble. Doing that means guiding hiring and firing decisions so they don’t inadvertently trigger a lawsuit. Train all your supervisors to seek your input before acting on any hiring or firing decision.

Apply leave policy equally to all employees

08/13/2021

You probably have a well-defined leave policy that gives employees time off for vacations, illness and tending to personal business. Whether you provide separate pots of leave or lump it all into paid and unpaid time off, your leave policy must treat all employees equally.

Poor time records? Court will believe workers

07/15/2021

Sloppy or incomplete payroll records will doom you in any disputes over employees’ pay. As this new ruling shows, if your organization fails to show detailed records or policies—especially about disputed off-the-clock work—the court will use your employees’ estimates of their work hours to determine your liability.

Supreme Court won’t hear racial slur case

06/01/2021

Can employers be liable for the single use of an offensive word? A disgruntled employee wanted the U.S. Supreme Court to rule on that question, but justices on May 17 declined to take his case.