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Louisiana

Disability is no excuse for poor performance

09/17/2018

Disabled workers are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. However, accommodations must be related to the disability. They can’t serve as an excuse not to perform essential job functions.

Rely on Motor Carrier Act to exempt drivers? Show you’re engaged in interstate commerce

09/13/2018

Some workers are covered by the Motor Carrier Act exemption, which essentially says that workers involved in trucking that crosses state lines don’t have to be paid overtime. But recent court decisions have narrowed that MCA exemption, requiring employers to clearly prove they are engaged in interstate trucking.

Employers must stop customer harassment, too

08/06/2018

There are a few workplace scenarios in which the nature of the job makes it more likely that sexual harassment may occur. But even then, once an employer knows harassment is happening, it has an obligation to stop it.

You get to choose which promotion criteria to favor

06/27/2018

When setting promotion criteria, feel free to give educational attainment more weight than years of experience on the job. It’s your call.

Remember the final step to make an arbitration agreement stick: Be sure to sign it!

06/27/2018

If you want to use arbitration to resolve employment disputes without going to court, you have to make sure you have done everything possible to make that agreement a binding, valid contract.

OK to offer option to work during FMLA leave

06/07/2018

You can’t require employees to work when they are out on FMLA leave. However, you can offer them the option of doing some work, as long as it is not presented as a condition of continued employment.

Greater experience is a legitimate reason to punish one employee more harshly than another

06/06/2018

Employees who have worked for their employer for a long time can be expected to know the rules and abide by them, while a new employee may not be as aware. That’s a legitimate reason to punish one employee more harshly than another. Just be sure you document the reason for differing punishments.

Patience and good records beat frivolous lawsuits

05/22/2018

Some poor performers don’t view their problems the same way supervisors do. They often fight back with frivolous lawsuits. Be prepared for those legal salvos by constantly maintaining documentation of employee performance.

Similar offenses, different discipline? Be sure to justify with critical details

03/28/2018

When it comes to disciplining employees, details make a big difference. Be sure you include enough information in your investigation reports so you can later explain, for example, why one employee deserved harsher punishment than another who made a similar mistake.

Be prepared to explain why new hires earn more than existing staff