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Louisiana

Document every ADA accommodation

12/29/2016
Employers that grant disabled workers more flexibility in work requirements need to make sure they document every ADA accommodation request and every accommodation decision.

Make sure job descriptions reflect reality

12/12/2016
If an employee can show that a job description isn’t accurate, the court may take her employee’s word for it.

Transfer, training aren’t adverse actions

12/12/2016
Transferring an employee to another position that pays the same and carries the same benefits as the original position is not an adverse employment action.

OK to pay salary to nonexempt employees

11/08/2016
When a salaried employee works a different schedule, you must make sure your system captures the deviation and adjusts the paycheck accordingly.

Use documentation of past violations to justify harsh discipline

09/29/2016
Smart employers catalog every instance of discipline. Those records come in handy if you must fire one employee for breaking the same rule as another employee who wasn’t terminated.

Prepare to explain budget reason for job cuts

09/29/2016
If an employee alleges she lost her job during a reduction in force because of discrimination or retaliation, counter that claim by showing there were real economic reasons for letting her go.

Statements to licensing board aren’t retaliation

09/06/2016
Public employees who speak out about matters of public importance are protected from retaliation. But retaliation doesn’t include an employer’s complaint about the employee to a licensing board.

Court: Arbitrators — not judges — should decide validity of arbitration agreements

09/06/2016
The 5th Circuit Court of Appeals has handed arbitrators the power to decide if arbitration agreements are valid. The appeals court ruled that it was legitimate to ask whether an arbitration agreement applied to an employee’s pre-existing Fair Labor Standards Act claim, but that it was a question best answered not by a judge, but by an arbitrator.

Legitimate discipline isn’t retaliation

09/06/2016
Some managers fear disciplining a worker who has complained about discrimination or other allegedly illegal conduct. Quite reasonably, they worry that punishing an employee after he or she complains may precipitate a retaliation claim.

Different severance OK–if there’s a legal rationale

08/11/2016
When planning a reduction in force, you can offer different employees different severance payments—as long as it’s based on a nondiscriminatory reason, such as length of service.