On December 16, 2016, in Vaughn v. Anderson Regional Medical Center, the Fifth Circuit (Covering Louisiana) confirmed that a person complaining of being discriminated against because of their age cannot recover pain and suffering damages. Interestingly though, the Court seemed to indicate that it wanted to find otherwise, but it was forced to adhere to
The FLSA is the Federal law that requires employers to pay minimum wage and overtime to employees. It also prohibits employers from retaliating against employees who complain about not being paid properly. In Pineda v. JTCH Apartments, the Fifth Circuit Court of Appeals (Covering Louisiana) ruled that plaintiffs who claim their employer retaliated against them
Louisiana property owners must pay property taxes. When they don’t, the parish tax collector sells the property at a tax sale. Tax sales can be a great opportunity for individuals to invest in some property that they could ultimately own for pennies on the dollar, but the procedure is long, and you should seek legal
The Louisiana Workforce Commission is on a mission to identify every worker who was misclassified in Louisiana. It is a huge revenue stream for a state that is struggling, and it could be devastating to small businesses who utilize independent contractors. In 2015, LWC audited over 860 companies and determined that over 12,000 workers
In some cases, individuals with special needs can qualify for public benefits like social security benefits. Usually, this requires meeting certain income or asset criteria be met. Individuals with disabilities can use ABLE accounts to save money and pay for quality of life expenses that will not count against the income or asset criteria. In
Employers are required to post notice of certain employee rights. Failure to post these signs could result in penalties, and the EEOC just raised the penalties for failing to post the proper notices required under Title VII, the ADA and GINA from $210 to $525. The last time the EEOC adjusted the penalty was on March
What is the Rehabilitation Act? The Rehabilitation Act prohibits discrimination on the basis of disability in programs run by federal agencies; programs that receive financial assistance; in federal employment; and in the employment practices of federal contractors. Fifth Circuit Opinion – Flynn v. Distinctive Home Care, Inc. In February 2016, the Fifth Circuit (Covering Louisiana)
On January 27, 2016, a female pharmacist was awarded 31.22 million dollars in damages against Walmart. The pharmacist alleged that she was terminated because of her gender and in retaliation for complaining about safety conditions. Wal-Mart claimed it fired her because she lost her pharmacy key even though one or more male pharmacists also lost their pharmacy keys, but
In 2015, Louisiana passed the ABLE Act, which authorizes individuals with special needs and their families to save money for special needs based expenses in a tax-free account. In short, it creates a low cost alternative to a special needs trust to protect the finances and improve the quality of life for individuals with special needs. Under
A Louisiana employer is prohibited from assessing fines against employees or making a deduction from wages for such fines unless the employee has willfully damaged goods, works, or property of the employer, or when the employee is convicted of or pleads guilty to the crime of theft of employer funds, in which case a fine may be assessed equal
Employers often have questions about what is owed to an employee who is terminated. At a minimum, employers must pay the employee for the work performed prior to the termination and any vacation or commissions that accrued prior to the termination. Depending on the employment relationship, the employer may also have to pay to the
Under the Americans with Disabilities Act, employers cannot discriminate against qualified individuals with a disability. For decades, employers successfully argued that injuries were not disabilities, but in 2009, the ADA was amended to broaden the definition of a “disability” to include any physical or mental impairment that substantially limits major life activities. In Cannon v.
Popsugar.com posted a decent article on what parents should consider when negotiating custody during a divorce. If your lawyer isn’t considering your situation in a holistic manner, then you need a new and better lawyer. See the Popsugar article here.
Many courts have held that an employee cannot sue for employment discrimination unless they sustain an actual adverse employment action like a demotion, termination or reduction in pay. In Brandon v. Sage Corp., the Fifth Circuit (covering Louisiana) ruled that a co-worker’s threat to reduce the pay of a high-ranking employee is not an adverse
In Louisiana, employers must provide one day of paid leave to employees who have been called to jury duty. Further, the day cannot be counted against the employee’s sick leave, vacation or paid time off. The employer may be fined between $100 and $500 for each violation of this requirement. In cases where an employee