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Louisiana

Carefully analyze FLSA categories to make correct exempt/nonexempt call

07/12/2017
The Fair Labor Standards Act is now almost a century old. What hasn’t changed is the simple fact that trying to figure out the exempt or nonexempt status of a position requires applying the definitions of each exemption to the actual day-to-day work being done.

Several great candidates is a good problem!

07/12/2017
Bad news: A qualified applicant you rejected may be disappointed enough to sue. Good news: Courts aren’t going to second-guess your choice among great candidates unless it is abundantly clear that you rejected someone based on discriminatory intent.

Not every suspension is retaliation

06/21/2017
HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.

How to stop lawsuits from failed candidates: Document why you hired the successful one

05/03/2017
Are you prepared to defend each decision not to hire someone? Be sure you can explain why the person you did pick was the most qualified applicant.

Postage and parking fees do not a lawsuit make

04/12/2017
Sometimes, all an employee has to do to bring a federal lawsuit is pay the filing fee. The result is that employers sometimes have to defend against bogus claims.

Warn supervisors they may be personally liable

04/12/2017
Remind bosses that, along with the organization, they can be personally sued for sexual harassment. Plus, sometimes the employer may be found not liable, but the supervisor is.

Retirement after FMLA isn’t accommodation

04/12/2017
What happens if an employee wants to retire at the end of leave? That makes a request for more leave unreasonable, according to a recent decision.

Performance falling short? Offer second chance with new boss before terminating

03/22/2017
The employee will have a hard time winning any subsequent lawsuit, since he had an additional chance to prove himself.

Rules entrapment can be considered retaliation

03/07/2017
If a worker files a harassment complaint and a supervisor decides to punish him by setting him up to violate a company rule, that can be retaliation. It doesn’t matter if the worker in question actually broke the rule.

Military-connected employees? It’s your duty to understand USERRA obligations

03/07/2017
USERRA extends workplace protection to those who return to work after active duty. Essentially under USERRA, those employees are no longer at-will employees; you may only terminate them for cause.