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Louisiana Earned Income Credit Poster Change- New Poster Required

The Louisiana Earned Income Credit poster has been updated to reflect the 2015 income limits for earned income tax credit. This is a mandatory change affecting all employers in Louisiana. Statutory language regarding Earned Income:  Based on the recent IRS ruling, if an individual makes $47,000 or less, an employer should notify you at the time

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Louisiana Supreme Court Clarifies Who May Be Personally Liable Under LLCs

On October 14, 2015, the Louisiana Supreme Court ruled (Nunez v. Pinnacle Homes, LLC) that professional builders are not “professionals” under Louisiana’s LLC law, and therefore they cannot be held personally liable for “breaches of professional duty.” In so doing, the Court limited the term “professionals” under the LLC law to be only those identified under

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Facebook Likes May Now Be Protected Employment Activity

Employers, be careful disciplining employees for their Facebook activity. On October 21, 2015, a Federal court of Appeals determined that an employee who “liked” another employee’s post participated in protected activity, and terminating the employee was a violation of the National Labor Relations Act (“NLRA”). What Happened: The employer was a sports bar. One employee

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Seemingly Innocent Blanket Attendance Policies May Violate ADA

On four separate occasions, the EEOC has sued Autozone for violating the ADA. Most recently, the  EEOC claims that Autozone’s attendance policy violates the ADA because it fails to take into account potential absences due to disabilities. Autozone’s Seemingly Innocent Policy: Autozone’s attendance policy appears to be neutral on its face. Autozone applies points to

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DOL Requires Company to Pay $2.1 Million to Workers for Unpaid Overtime and Minimum Wage Violations

The DOL recently investigated J&J Snack Foods Corp., a New Jersey based food manufacturer, and determined it failed to pay overtime properly to approximately 465 of its employees. According to the investigation, J&J had paid the employees their regular rate of pay for their overtime hours. Nonetheless, J&J agreed to pay $1.2 Million in back

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Does your company need to send WARN notice if you are facing layoffs?

Unfortunately, the employment market in Southeast Louisiana continues to suffer. NOLA.Com is reporting that Trinity Marine has sent a WARN notice to the Louisiana Workforce Commission advising that it will be laying off over 300 people this holiday season. See the article at: http://bit.ly/1Rsy2qa. If your company What is a WARN Notice? The Worker Adjustment and

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Title VII Plaintiffs Should File Their Lawsuits within 93 Days of the EEOC Sending the Right to Sue Letter

On April 20, 2015, the 5th Circuit clarified that courts should presume that a Title VII plaintiff received a right to sue letter three days after the EEOC mailed the right to sue. Jenkins v. City of San Antonio Fire Dept., 14-50483, *5 (5th Cir. 4/20/2015) (the opinion may be found here). Plaintiffs who file

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Employers Must Accommodate Pregnant Employees the Same as Non-Pregnant Employees

The Supreme Court addressed an employer’s duty to accommodate pregnant employees in Young v. UPS. In short, the Court held that employers must accommodate pregnant employees the same way the employer accommodates non-pregnant employees. The Pregnancy Discrimination Act The Pregnancy Discrimination Act (“PDA”), prohibits discrimination against pregnant employees, but does not specifically require reasonable accommodations

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Louisiana Employers Cannot Demand Social Media Passwords

Beginning August 1, 2014, Louisiana employers will be prohibited from demanding or even requesting that applicants disclose their log in information for their online accounts.  Employers cannot take any adverse action, including not hiring an applicant, because the applicant refused to disclose the information.  However, the new law (Personal Online Account Privacy Protection Act) does not

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