Insight and Information on Louisiana Law, Litigation, and Legal Culture
In the wake of yesterday’s news that a Texas federal judge issued a nationwide injunction halting the FLSA overtime regulations, scheduled to become effective December 1, 2016, many employers are asking “what now.” The answer will continue to develop. For now, though, here are some initial things to keep in mind:
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A federal district judge in Texas has entered a nationwide injunction which prevents the U.S. Department of Labor’s new FLSA minimum salary level rule from going into effect on December 1, 2016. Prior to today, the DOL’s new rule would have nearly doubled the minimum weekly salary required in order to be exempt under the…
Could a decision on the challenge to the U.S. Department of Labor’s new salary basis rule be coming soon? Employment Law360, a national, daily legal news service, reported this morning that a Texas Federal Judge would decide by Tuesday, November 22, whether to stop the new overtime rules from taking effect on December 1.
The…
Record breaking voter turn out is expected on Tuesday. Employers should be aware that neither federal nor Louisiana law requires an employer to give an employee time off to vote, but Louisiana law does forbid employers from discriminating against an employee based on his or her political beliefs. It also prohibits all employers from attempting…
As the flood waters begin to recede, and South Louisiana begins to dry out and recover from the recent flooding, Louisiana employers also face recovery issues, including how to address employee needs. Although there is no rule of thumb that applies to all situations, common sense, consistency, and compassion can go a long way. Flexibility,…
On June 30, 2015, the U.S. Department of Labor’s Wage and Hour Division, after being prompted by President Obama, announced proposed rule changes that would dramatically affect the salary requirements for employees who are exempt from the Fair Labor Standards Act’s overtime requirements. For nearly 9 months, no action was taken to move the proposed…
This New Year, many employers have resolved to examine their employment relationships to determine if any joint employment relationships are lurking. On January 20, 2016, the United States Department of Labor issued an administrator’s interpretation on joint employment and confirmed that the DOL has resolved to continue its program of pursuing issues related to joint…
Friending someone on Facebook, more importantly – unfriending them, may have unintended consequences in the land down under. As reported at CNET.com, the Australia Fair Work Commission recently found that “unfriending” a co-worker on Facebook was considered bullying. In addition to the Facebook unfriending, the unfriended and aggrieved employee also complained of more than…
A recent CNN article highlights the need for employers to consider employees’ religious accommodation requests. Charee Stanley is a Muslim and a flight attendant for ExpressJet Airlines. As a Muslim, Stanley is prohibited from both drinking alcoholic beverages and serving alcoholic beverages, including serving passengers on flights while working as a flight attendant. At her…
Even if you are using the most current model FMLA forms from the U.S. Department of Labor, some of those forms “expire” at the end of February. When an employee advises his or her employer of the need (or possible need) for FMLA-qualifying leave, the employer must timely provide the employee with a “Notice of…
