Insight and Information on Louisiana Law, Litigation, and Legal Culture
“Throw me something, mister!” A labor dispute between dock workers and shipping companies on the West Coast has delayed shipments of signature Mardi Gras beads to the Big Easy (along with countless other items stuck in gridlock).
The longshoremen in question have been working without a collective bargaining agreement since July, when the prior CBA…
Federal statutes such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Pregnancy Discrimination Act extend protections to employees based on traits such as race, religion, national origin, sex, age, and pregnancy. Louisiana has similar protections under state law; however, sexual orientation is not a protected trait under…
A Florida court threw out an $80,000 settlement because of the plaintiff’s daughter’s Facebook post.
The father had sued his former employer, Gulliver Preparatory School, for age discrimination. The parties ultimately reached an agreement to settle the matter. However, after the settlement, the plaintiff’s daughter bragged to her 1,200 Facebook friends: “Mama and Papa Snay…
The Fair Labor Standards Act turns 75 today, June 25. The FLSA is a depression-era piece of legislation. Through the FLSA, Congress intended to raise working conditions and spur hiring. Congress sought to do this by prohibiting child labor, establishing a minimum wage, and requiring payment of a premium for hours worked over a particular…
“What is in a name? That which we call a rose. By any other name would smell as sweet . . .”
-William Shakespeare, Romeo and Juliet
Roses aside, classifying someone as an “employee” or an “independent contractor” (or rather misclassifying them) can have significant effects. The misclassification of employees as independent contractors is the…
February 5, 2013, the U.S. Department of Labor issued its final rule rolling out new amendments to the FMLA regulations that correspond with military related leaves of absence. The FMLA was amended in 2008 and 2010 to provide leave rights for military families. The amended regulations implement changes made to the FMLA. In addition, the…
In a unanimous 3-0 decision, on January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit Court held that President Obama’s three recess appointments to the National Labor Relations Board exceeded his Constitutional authority.
Articles on this decision can be found here, and here.
The decision calls into question all of…
The label says the milk is expired, but can you really drink it? The U.S. Citizenship and Immigration Service (USCIS) announced through its website that employers should continue to use the current I-9 form after August 31. The current I-9 form was revised August 7, 2009 and “expires” on August 31, 2012. The USCIS announced…
There are many federal and state posting obligations. You can now add another poster to the list. As of April 30, 2012, most private sector employers will be required to post an 11 x 17 inch notice from the National Labor Relations Board that advises employees of their rights under the National Labor Relations Act. …
True threats of violence or just talk? The District of Columbia Circuit Court recently enforced an NLRB order in favor of two former employees who were fired for making alleged threatening remarks to a supervisor. The supervisor had orally warned a group of employees who had exceeded the time for their break period. Two employees…
