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Louisiana

If doctor’s note is unclear, insist on a properly completed FMLA certification form

10/05/2012
Some employees and their treating doctors seem to believe that as long as a medical professional says an employee can’t work, that’s enough to justify FMLA leave. That’s not true.

Tread carefully when unions settle wage claims

09/04/2012

The DOL generally takes a dim view of any attempt to negotiate away employees’ rights under the FLSA. For example, unions can’t say “no thanks” to the minimum wage or overtime pay during collective bargaining. However, there’s a difference between losing rights through the bargaining process and accepting a settlement that resolves conflicting wage claims.

Is it a slur, or a misinterpretation?

07/31/2012
No one tolerates the usual racial and ethnic slurs. But what about novel phrases that aren’t in the common lexicon? Can those be the basis for a racially hostile work environment claim?

Clarify internal rules for handling FMLA requests

07/31/2012
Make sure that whoever in your organization handles FMLA and other leave knows to contact HR as soon as a leave request comes in. Then make sure you send out the appropriate FMLA paperwork along with any other required documents.

When employee complains of harassment, act fast to fix it

07/03/2012
Resolve every sexual harassment complaint ASAP. That way, it won’t come back to haunt you.

Employees’ job qualifications changing? Document notice and offer additional training

07/03/2012

Jobs change, sometimes for reasons of operational efficiency. Other times, new job requirements are mandated by outside authorities, something that’s common in the education and health care industries. Either way, be sure to give staff members as much notice as possible so they can seek additional training or look for other opportunities.

Feel free to make routine shift changes–courts won’t consider that evidence of retaliation

07/03/2012

Generally, employees claiming they suffered retaliation after engaging in protected activity—such as complaining about discrimination or taking protected FMLA leave—must show that the retaliation would have dissuaded a reasonable employee from complaining or taking leave. The hypothetical reasonable employee standard isn’t very specific.

Good judgment, thorough documentation win cases

05/30/2012
Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.

Be prepared to explain why hiring criteria favor experience more than education

05/30/2012
Some jobs demand relevant, real-world work experience. If a failed applicant sues, claiming a college degree should have trumped on-the-job experience, you’ll probably win—if you can justify your experience requirements.

Hiring managers aren’t doctors! Don’t let them turn away disabled applicants

05/30/2012
Remind managers who take job applications that they can’t automatically turn away applicants with disabilities. That can cause a lawsuit that could result in huge punitive damages.