Labor and Employment Law

Subscribe to Labor and Employment Law via RSS

Louisiana law prohibits arbitration clauses in “contracts of employment of labor.” In Wright v. 3P Delivery, LLC, 2007-683 (La.App. 3 Cir. 10/31/07) — So.2d —-, the court was asked to consider whether an arbitration clause in a contract requiring the plaintiff, an individual, to provide transportation services along with handling, loading and unloading of shipments for defendant, fell within this prohibition. The issue to be decided was whether the contract was one wherein the plaintiff provided service(s) to the defendant, thus making the arbitration clause valid, or was the contact one wherein the plaintiff provided labor to the defendant, thus rendering the clause invalid.
Continue Reading Statutory Prohibition Against Arbitration of Labor Contracts

On Thursday, November 8, The New York Times reported that the U.S. House of Representatives passed the Employment Nondiscrimination Act. The Act grants gays and lesbians protections from discrimination in the workplace. The New York Times also reported that Senator Edward Kennedy would introduce similar legislation in the Senate, and that Senator Susan Collins said that she would be a lead co-sponsor.
Continue Reading Federal Protection for Gays and Lesbians Forthcoming?

GENERAL DUTIES OF EMPLOYERS

Louisiana Revised Statutes 23:1306: requires employers to notify the Office of Workers’ Compensation within ten (10) days of actual knowledge of an injury resulting in death or lost time in excess of one week after the injury. This rule applies even if no claim for workers’ compensation benefits has been filed.

Ø    The form generally used for this purpose is a Form 1007 Employer First Report of Injury/Illness (a copy of which is attached for your ready reference).

Ø    If an employer elects not to use the Form 1007, he must provide, at the minimum, the following information: (1) The name, address, and business of the employer; (2)  The name, Social Security number, street, mailing address, telephone number, and occupation of the employee; (3) he cause and nature of the injury or death; (4) The date, time, and the particular locality where the injury or death occurred; (5) The wages, as defined in R.S. 23:1021(10), the worker was earning at the time of the injury.

Ø    All information and records submitted pursuant to this Section shall be confidential and privileged, shall not be public records, and shall not be subject to subpoena. However, such information or records may be used to compile statistical data wherein the identity of the individual or employer is not disclosed.Continue Reading Summary of Louisiana Workers’ Compensation Laws

As a myriad of new state laws go into effect, employers are reminded of the Louisiana Smokefree Air Act and La. R.S. 23:966.

The Louisiana Smokefree Air Act took effect January 1, 2007, and applies not only to public buildings, schools, and restaurants, but also applies to Louisiana employers. One of the Act’s stated purposes is to “protect non-smokers from involuntary exposure to secondhand smoke in . . . places of employment.”Continue Reading Smoking Laws

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

It is important for employers covered by the National Labor Relations Act (“NLRA” or “Act”) to remember the impact which the Act can have on employment policies and rules – including, but not limited to, policies and rules in connection with confidentiality. This article is not intended to provide an exhaustive review of this area. Instead, it will merely refer to portions of the recent decision in Cintas Corporation v. National Labor Relations Board, 482 F.3d 463 (D.C. Cir. 2007) which “involve[d] an allegation that the confidentiality rule of [an employer] violated provisions” of the NLRA. Id. at 464.
Continue Reading Do You Remember the Impact the National Labor Relations Act Can Have on Employment Policies and Rules?

On May 29, 2007, the Supreme Court handed down Ledbetter v. Goodyear Tire & Rubber Col, Inc., – U.S. –, 127 S.Ct. 2162 (2007), a decision favorable to employers and enforcing the timeliness requirements under Title VII for bringing a claim for alleged discriminatory pay. The court ruled that an employer’s decision setting an employee’s pay or raise within an otherwise neutral pay structure was a “discrete act,” triggering the running of the limitations period under Title VII. The plaintiff argued unsuccessfully that the pay claim was always timely because the disparate pay continued and compounded throughout her employment.
Continue Reading Title VII Time Limits For Claim For Alleged Discriminatory Pay Enforced

In a recent decision, the Federal Fifth Circuit Court of Appeals rejected the notion that temporal proximity standing alone can be sufficient proof of “but for” causation in a Title VII retaliatory discharge claim. In Strong v. University Health Care System, L.L.C., 2007 WL 891148 (5th Cir. (La.)), plaintiff Laurie Strong sued UHS alleging gender discrimination and retaliatory discharge.

Strong worked as a nurse coordinator for UHS, a large Louisiana hospital. She complained to one of her supervisors on December 15, 2003 of alleged gender discrimination by a hospital surgeon, based largely on angry comments by the surgeon on three separate occasions that she was “stupid” and “lazy.” Both before and after the date of this complaint, however, numerous complaints had been made about Strong’s behavior in the workplace by patients, co-workers, supervisors, and physicians. Strong was eventually terminated no March 31, 2004 for poor performance, improper work conduct, arguing with superiors, and obstructing various departmental policies. On November 24, 2004, Strong filed her complaint alleging Title VII and Louisiana law violations.Continue Reading “Temporal Proximity” Alone Insufficient To Prove Retaliatory Discharge Claim

On March 1, 2007, the United States House of Representatives passed the “Employee Free Choice Act of 2007.” The bill passed by a 56 vote margin. The bill was sponsored by Rep. George Miller (D) of California. Louisiana Reps. William Jefferson (D) and Charlie Melancon (D) were two of the bill’s 233 co-sponsors. Only seven House Republicans joined as co-sponsors. Thirteen Republicans joined House Democrats in voting for the bill, and two Democrats voted against it. Sen. Ted Kennedy (D) of Massachusetts is expected to introduce similar legislation in the Senate. Sen. Mitch McConnell (R) of Kentucky pledged to fight the bill. Pres. George Bush is expected to veto the bill should it pass the Senate.

So what is the Employee Free Choice Act of 2007? What’s the big deal?

The Employee Free Choice Act of 2007 amends the National Labor Relations Act (which was last amended nearly 70 years ago) and provides new, more relaxed, rules for the selection of an employees’ collective bargaining representative (i.e., unions).Continue Reading IS A CHANGE IN THE NATIONAL LABOR RELATIONS ACT ON THE HORIZON?