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Louisiana

Employee must prove ‘willful’ FLSA violation

06/30/2011

The FLSA can be a trap for employers that don’t properly classify their workers. In fact, getting classification wrong can lead to class-action lawsuits and large back-pay awards. And to confuse things even more, if the employer acted “willfully,” employees get those double awards going back three years. Now the 5th Circuit Court of Appeals has at least made it a little harder for employees to collect those damages for three years.

Layoff OK after FMLA leave–with justification

06/30/2011

Employees who take FMLA leave don’t get greater protection from layoffs than employees who don’t take leave. As long as you can show that you would have eliminated a job even if the employee had not taken FMLA leave, the termination is fine.

Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack

06/01/2011

Here’s a new worry for employers: More and more employees who aren’t being directly targeted for harassment are suing anyway. They claim that the fact that others may be experiencing sexual, racial or other forms of harassment means that they, in effect, are also victims. Some of those claims actually succeed.

Good cause to act? Don’t wait to terminate

06/01/2011

Sometimes, it’s smart to pull the termination trigger sooner rather than later. Waiting just gives the employee a chance to dig in—and plan a lawsuit.

Fill-in shows promise? That’s legit reason for hiring

05/03/2011

Sometimes, managers have to act fast to fill a position. It’s reasonable to let someone take the job temporarily. If she does well, it’s perfectly acceptable to use that performance as a reason to offer the job permanently.

Applicant has filed for bankruptcy? Private employers can refuse to hire because of it

05/02/2011

In tough economic times, people who lose their jobs often have to file for bankruptcy. But some employers frown on bankruptcy and don’t want to hire someone who can’t pay his or her bills. Now the 5th Circuit Court of Appeals has ruled that a private employer is free to turn down an applicant because he or she filed for bankruptcy.

Members of protected group flunk job test? Make sure bosses aren’t manipulating system

05/02/2011

If your pool of qualified applicants is demographically significantly different than your hires, there may be trouble afoot. Don’t count on pre-employment job tests to automatically create fair hiring. If a quick internal audit shows that particular departments or managers have considered but not hired members of a protected class, you may want to look at whether the testing is being handled properly.

State workers have limited right to challenge firings

04/06/2011

Here’s a reminder if you work at a Texas public university or another state-affiliated organization: Employees may have a “property interest” in their jobs. That means they’re entitled to receive notice that they are being fired—and to challenge the decision.

You can fire worker out on FMLA leave–just show legitimate work-related reason

04/06/2011

Some employees believe that applying for or taking FMLA leave insulates them from legitimate punishment. They think, “You can’t discipline me because I just took FMLA leave; that would be retaliation.” That just isn’t true.

Ready to punish slacking employee? First, have a talk with her

02/21/2011

If you hesitate to discuss problems with employees before disciplining them, it may be time to reconsider. After all, employees often admit their mistakes when confronted directly. Any admissions the employee makes during the interview can be used later to support your disciplinary decision.