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Louisiana

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 …

You can alter job description for worker on FMLA leave

10/01/2006

When employees return from FMLA leave, you’re required to restore them to the same position or a comparable one. That requirement might make you hesitant to make any changes to employees’ jobs or conditions of employment while they’re out on FMLA leave. However, a new court ruling shows that you can make minimal changes to a job description without worrying about FMLA violations …

Employer not liable for manager’s unforeseen safety breach

09/01/2006

If one of your company’s supervisors knowingly ignores a safety rule, can OSHA hold the company liable? OSHA has long argued "yes" and has moved against employers on the premise that if the supervisor knows he’s violating the rules, then the company also knows …

Workers face high hurdle proving ‘Constructive discharge’

09/01/2006

Sometimes, employees who believe they’re being harassed or discriminated against feel the situation is so bad that they’re forced to quit. This is called "constructive discharge" …

Isolated racist comments won’t always be discrimination

09/01/2006

You know the workplace should be free of racially or sexually charged comments and that supervisors most certainly shouldn’t engage in such banter. But you can’t wipe prejudice out of every employee’s mind …

Block firing-Bias charge by documenting business reason

09/01/2006

Several statutes protect pregnant employees from discrimination and retaliation. But those laws don’t guarantee employees’ permanent job security …