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Louisiana

College degree doesn’t automatically make applicant the better qualified candidate

01/01/2007

In many cases, better-educated applicants are better qualified. But don’t be intimidated into thinking that more education always equals a more qualified candidate …

Even lost opportunity for overtime may be considered illegal retaliation

01/01/2007

After last year’s blockbuster U.S. Supreme Court decision that made it easier for employees to sue for workplace retaliation (Burlington Northern v. White), courts have been trying to figure out how to apply that ruling in real-life situations …

FMLA: All managers can face personal liability for leave mistakes

01/01/2007

If you’re looking for incentives to get managers and supervisors to pay attention during FMLA training sessions, look no further. Simply point out that they can be held personally liable if they deny FMLA benefits to which an employee is entitled …

Texas court clarifies new definition of ‘Retaliation’

12/01/2006

Just a few months ago, the U.S. Supreme Court established a broad new legal standard for judging whether an employer has retaliated against an employee for complaining about discrimination (Burlington Northern v. White). Now, the 5th Circuit Court of Appeals has applied the standard to its first retaliation case after the Supreme Court decision. The news is good for employers …

Putting more weight on interview isn’t pretext for bias

12/01/2006

Employers that use a hiring committee to decide between candidates can put more emphasis on interview performance as a factor in the selection process. That’s true even if assessing how a person interviews is somewhat subjective …

Ban on ‘Union Yes’ Button Isn’t Free-Speech Violation

11/01/2006

Texas public employers have broad rights to prohibit certain kinds of speech in the workplace, but those rights aren’t unfettered …

Review job contracts carefully after a merger

11/01/2006

In this age of mergers and acquisitions, it’s increasingly common for employees to find themselves employed by a different entity almost overnight. When such changes take place, the new organization will often rewrite employment contracts or noncompete and trade-secret agreements to reflect the new employment reality. If you do update and rewrite such employment contracts, be sure to include a statement that the agreement is the entire understanding between the parties. If you don’t, you may find your organization also bound by the terms of any earlier agreement …

Firing reasons: Make sure all statements are consistent

10/01/2006

Nothing will sink a legal defense faster than inconsistent explanations from management about the real reasons for employment decisions. Before anyone makes any statements about a decision, review the facts and make sure everyone is on the same page …

Hostile work environment depends on nature of job

10/01/2006

Some jobs are more difficult than others, and employees who choose to work in tough fields may have to develop a thicker skin. When it comes to deciding whether a work site fosters a "hostile work environment," courts typically decide whether harassment is objectively abusive based on the circumstances of the worker’s job …

Opting out of workers’ comp? You risk negligence lawsuit

10/01/2006

The federal Employee Retirement Income Security Act (ERISA), which regulates employee benefit plans, usually covers employees’ claims related to their benefits. However, Texas employers who opt out of the state workers’ compensation program may receive a nasty surprise …