Category Employment Law

Fifth Circuit Continues to Deny Pain and Suffering in Age Discrimination Cases

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

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Fifth Circuit Approves Emotional Distress Damages in FLSA Retaliation Cases

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

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LWC is Cracking Down on Employers who Use Independent Contractors

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

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Independent Contractors can Sue Businesses for Disability Discrimination Under the Rehabilitation Act

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)

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Jury Awards $31M in Sex Discrimination Suit Against Wal-Mart

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

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Prohibited Deductions From Employee’s Wages

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

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Louisiana Employers Must Pay Accrued Vacation and Commissions to Terminated Employees

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

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Like it or Not, the New ADA Covers Broad Disabilities – Even Torn Rotator Cuffs

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.

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A Supervisor’s Threat to Reduce Pay Could be Grounds for a Title VII Claim

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

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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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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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