The National Labor Relations Board (NLRB) announced yesterday that it is issuing proposed amendments to its rules and regulations governing union election procedures.  On its website, the NLRB reported that “[i]n substance, the proposed amendments are identical to the representation procedure changes first proposed in June of 2011.”  Those of you watching this issue may…

One likely result of the recent Presidential and Congressional elections is that the executive and legislative branches will be open to pushing the legislative agendas of organized labor.  There is little doubt that the proposed Employee Free Choice Act, H.R. 800, 110th Cong. (2007)(“EFCA”) is at the top of this legislative agenda.  The EFCA is something to which employers should pay serious attention.  If enacted, the EFCA would make it easier for employees to form, join, or assist labor organizations and would provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes.  Moreover, if enacted, certain unions are already estimating that they will be able to organize millions of new workers.
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Did you know that an employer may be liable for failure to properly screen employees when such failure results in hiring someone that has a history of violent or criminal acts? Louisiana recognizes claims against an employer that hires an employee with dangerous propensities when that employee injures third persons at work. An employer may be liable for negligent hiring if it knew or should have known that the employee posed a threat to others. Similarly, an employer is liable for negligent retention when it continues to employ an employee knowing of his dangerous propensities.
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On July 27, 2007, the United States Fifth Circuit Court of Appeals issued Taylor v. Bigelow Management, Inc., et al., 2007 WL 2164282 (5th Cir. 2007), an opinion that should serve as a reminder to employers that pregnancy discrimination is illegal under Title VII of the Civil Rights Act of 1964. In Taylor, the Fifth Circuit affirmed a district court jury trial in which the jury found that an employer was liable for pregnancy discrimination and awarded the plaintiff court costs plus approximately $10,000 for back pay and mental anguish and $50,000 in punitive damages.
Continue Reading United States Fifth Circuit Court of Appeals Issues Opinion Reminding Employers That Pregnancy Discrimination Is Illegal

Louisiana is an employment at-will state. This rule is found in Article 2747 of the Louisiana Civil Code which says, “a man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause.”…
Continue Reading Louisiana Strengthens Employment-at-Will Doctrine