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Louisiana

Employer not liable for manager’s unforeseen safety breach

09/01/2006

If one of your company’s supervisors knowingly ignores a safety rule, can OSHA hold the company liable? OSHA has long argued "yes" and has moved against employers on the premise that if the supervisor knows he’s violating the rules, then the company also knows …

Workers face high hurdle proving ‘Constructive discharge’

09/01/2006

Sometimes, employees who believe they’re being harassed or discriminated against feel the situation is so bad that they’re forced to quit. This is called "constructive discharge" …

Isolated racist comments won’t always be discrimination

09/01/2006

You know the workplace should be free of racially or sexually charged comments and that supervisors most certainly shouldn’t engage in such banter. But you can’t wipe prejudice out of every employee’s mind …

Block firing-Bias charge by documenting business reason

09/01/2006

Several statutes protect pregnant employees from discrimination and retaliation. But those laws don’t guarantee employees’ permanent job security …

Court ruling may discourage jobs for the financially troubled

09/01/2006

A new ruling by the 5th Circuit Court of Appeals (which includes Texas) may encourage people who file Chapter 7 bankruptcy to remain unemployed until the court finalizes their bankruptcy …

When punishing employees’ use of slurs, equality counts

08/01/2006

The mantra in real estate is "location, location, location." But the mantra in employee discipline must always be "consistency, consistency, consistency" …

Stick to FMLA certification rules, or lose your rights

08/01/2006

Make sure your supervisors (and you) know how to respond when an employee requests leave for his or her own serious illness or a family member’s illness. If you don’t follow the FMLA’s rules on how and when to request written proof about the illness or injury, you lose your right to challenge the employee’s leave request …

Texas court: Prisoners aren’t entitled to the minimum wage

08/01/2006

Compelling a prisoner to work without pay is not illegal, a federal court has ruled in considering a Texas inmate’s request. The prisoner worked in the prison laundry and claimed he should be paid at least the federal minimum wage …

You can require reservists to arbitrate USERRA claims

08/01/2006

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of soldiers and reservists who are called to active duty or training and want to return to their jobs once their service is over. But these rights aren’t without limits …

Employees’ Seniority Trumps Disabled Co-Workers’ ADA Rights

07/01/2006

If you award first choice of promotions, shifts, vacation slots and other perks based on employees’ seniority, you’ll face a dilemma if a disabled employee requests an ADA accommodation that conflicts with that policy …