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Louisiana

Check CBA for pay rules on safety gear prep

02/12/2010

Sometimes it’s hard to imagine many advantages of being a union workplace, but here’s a bit of good news: At least in some limited circumstances, working under a collective-bargaining agreement gives employers some protection against FLSA lawsuits that demand payment for time spent putting on and taking off protective gear at the beginning and end of the workday.

Serial sexual harasser on the loose? Get ready for big trial—and possibly huge judgment

02/12/2010

If you are having trouble getting top management to take sexual harassment seriously, here’s a case that might help them see the light. Explain that if they let a sexual harasser become a serial harasser, all the cases could be tried together. And that vastly increases the chances that a jury will hold the company liable.

Set job application rules, apply them equally

01/07/2010

Employers are free to create reasonable rules for submitting job applications and make potential employees follow those rules. As long as your rules aren’t enforced in a way that favors one group of applicants over others, courts will let you reject an applicant for failing to follow those rules.

Workplace strife? Transfer is fair solution

01/07/2010

When people have a history of conflict, it makes sense to ensure they don’t have to interact with one another. How you go about separating them may mean the difference between staying out of court or losing a costly successful retaliation or discrimination lawsuit.

Sometimes, you have to trust a jury to make the right decision

01/07/2010

Most employers have severe cases of “juryphobia.” They assume that a jury will automatically side with an employee and award hundreds of thousands of dollars to right an alleged wrong. If you and your attorneys are convinced you didn’t do anything wrong, it may be best to trust a jury to hear the case and come to the same conclusion. That’s what one employer recently did.

Tell harassment victims: Report any retaliation

12/03/2009

Even an exhaustive investigation into sexual harassment allegations may not provide enough information to conclusively determine whether harassment actually occurred. That doesn’t mean you can forget the whole thing. Instead, you must explain to the employee who reported the problem what steps you did take. And you must urge her to report any action she believes is retaliation.

Courts say, ‘Enough!’: Employees must file all related claims at same time

12/03/2009

Courts are cracking down on serial lawsuits, and the result is good news for employers. A former employee who sues and then loses his case can’t keep coming up with new claims to base new lawsuits on. If the new claims are based on the same set of facts—even if they involve an entirely different legal angle—courts are ruling the claims should have been brought together.

Retaliation applies to former employees, too

09/08/2009

Here’s a potential trap you may not have considered: Punishing a former employee may be retaliation, too. That means that you must carefully consider anything you do involving a former employee before you act.

Of good faith and gut instinct: Fire employee who falsely claims discrimination

09/08/2009

It’s frustrating when an employee continually claims to be the victim of discrimination while internal investigations show that just isn’t so. If an employer is confident the employee’s charges are false, it can terminate the employee. That’s true even if you turn out to be wrong—because what matters is your good-faith belief that the employee made up the discrimination claims.

How to show you don’t discriminate: Track all discipline and punish equitably

09/08/2009

At some point, a former employee will sue your organization for discrimination. The typical argument: Someone not in the same protected class as the employee was treated more leniently. How will you show that’s not true?