Louisiana News & Analysis

  • Deckhand with marital problems may have been regarded as disabled

    The termination of a deckhand going through marital problems—after he had exhibited emotional behavior and requested an employee assistance program (EAP) referral—recently raised the eyebrows of the federal district court in New Orleans.

  • Clean whistle: Temporary relocation for training isn't retaliation, so employer prevails

    Turns out, forcing an employee to undergo additional training isn't an adverse employment action, according to the federal district court in New Orleans. The court found the employer potentially violated state law but nevertheless granted summary judgment (dismissal without a trial) in its favor. The opinion highlights the difficulties employers face in addressing allegations of misconduct from employees.

  • Work time before and after whistle blows lands on employee's side of pay ledger

    A Louisiana federal court recently denied an employer's efforts to dismiss a claim filed by employees seeking payment for time spent working before the official start and after the official end of the workday. The case serves as a reminder that employers must ensure employees don't work "off the clock" and are paid for all hours actually worked.

  • Individual coverage HRAs probably not option for 2020

    On his very first day in office, President Donald Trump issued an Executive Order instructing federal agencies to lessen the Affordable Care Act's (ACA) burden on the organizations and individuals who were subject to its requirements. More than two years later, the ACA is limping along, but the Trump administration is still working to carry out that order.

  • How to identify and minimize employee burnout

    You may have seen reports recently that the World Health Organization (WHO) has classified employee burnout as a diagnosable medical condition. While that's not exactly accurate, the group has expanded its definition of the term in its latest edition of the International Classification of Diseases.

  • 2019 Louisiana legislative session: a nonevent for private-sector employers

    This year's regular session of the Louisiana Legislature ended June 6. None of the big-ticket bills involving LGBT+ discrimination, paid family and medical leave, or a state minimum wage survived. Only two employment-related bills passed—and both apply only to public-sector employers.

  • Employers must act on complaints of discrimination or harassment

    A recent decision from the federal court in New Orleans illustrates the risks of not conducting a detailed investigation when an employee makes an internal discrimination or harassment complaint. It's imperative to take steps to investigate such complaints in an expedient manner and implement remedial measures if the complaint is valid. Otherwise, you subject your organization to an unpredictable jury trial and the possibility of a large judgment.

  • DOL updates opinion on independent contractors for the gig economy

    Under the Trump administration, the U.S. Department of Labor (DOL) has taken a decidedly industry-friendly approach to the independent contractor analysis. If there was any doubt before, that was made clear by its recent issuance of a whopping 10-page opinion letter examining the nature of the relationship between a virtual marketplace company (think Uber) and the "gig" workers they employ (e.g., Uber drivers).

  • Agency Action

    NLRB reveals rulemaking plans. The National Labor Relations Board (NLRB) in May announced its rulemaking priorities, which include proceeding with its rulemaking on a standard for joint employment. The Board's agenda also includes plans for rulemaking in the following areas: representation-case procedures; standards for blocking charges, voluntary recognition, and the formation of bargaining relationships in the construction industry; the standard for determining whether students who perform services at private colleges or universities in connection with their studies should be considered employees; and standards for access to an employer's private property.

  • Workplace Trends

    Think you've made a hire? Maybe not. A survey from staffing firm Robert Half shows that more than a quarter of workers (28%) have backed out of a job offer after accepting the position. Why would a jobseeker do that? The survey says 44% of those changing their minds backed out after receiving a better offer from another company. For 27%, a counteroffer from their current employer led to the change of heart. In 19% of the cases, the jobseeker reported hearing bad things about the company after receiving the offer. The cities where jobseekers are more likely to renege are San Diego, San Francisco, Chicago, Houston, Austin, and Miami.