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Louisiana Employment Law Questions & Answers
0 Answers | Asked in Employment Law and Employment Discrimination for Louisiana on
Q: Can an employee be at fault if the signature on a credit card receipt is not legible?

I work for a local casino resort as a bartender. Because of chargebacks/disputes with credit card transactions, management has now made bartenders liable to be at fault and can be disciplined if the signature on said credit card receipt is not legible. Is that legal?

0 Answers | Asked in Employment Law for Louisiana on
Q: How many days can my employer go without paying me a paycheck

My employer is not paying me on time it's been 17 days now without a paycheck

1 Answer | Asked in Employment Law, Tax Law and Business Law for Louisiana on
Q: What case is it if my employer is over claiming my tips

I found my employer over claiming tips and brought it to their attention. I was dismissed multiple times and when I showed up with proof and told them to correct it they told me to just fix it myself and just under claim.

James L. Arrasmith
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answered on May 24, 2024

If your employer is over-claiming your tips, this situation falls under wage and hour laws in California. Employers are required by law to accurately report and pay the tips earned by employees. If you have already brought this issue to your employer's attention and they dismissed your... View More

2 Answers | Asked in Employment Law for Louisiana on
Q: If salary employess and sick days exhausted can my pay be reduced
James L. Arrasmith
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answered on Feb 23, 2024

If you're a salaried employee and you've exhausted all your sick days, your pay can potentially be reduced, but this depends on your employer's policies and the labor laws in your jurisdiction. Generally, salaried employees are paid a fixed amount regardless of the number of hours... View More

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2 Answers | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: If salary and sick days exhausted d can my pay be reduced for calling in sick or leaving early sick

5 sick days per year and no vacation until employed over a year I've been employed 8 months I'm salary my pay has been deducted for leaving early sick or calling in sick is that allowed.

James L. Arrasmith
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answered on Feb 23, 2024

As an employee, your employer may have the right to reduce your pay for days you call in sick or leave early due to illness, especially if your salary and sick days have been exhausted. However, whether this reduction in pay is allowed depends on the specific terms outlined in your employment... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: My job violated the ADA, didn't pay overtime wages, and forced a resignation from me. What are my options?
James L. Arrasmith
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answered on Jan 13, 2024

If you believe your job has violated the Americans with Disabilities Act (ADA), failed to pay overtime wages, and forced your resignation, you have several options to consider.

Firstly, for the ADA violation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC)....
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Q: can i take legal action for being forced to listen to offensive rap music at work

i was working as a contract employee in a hospital with a staff that was predominantly black and the music on the radio was always rap hip hop and gospel. i am caucasian and i am not a fan of this type of entertainment and i was never asked if i would like to listen to my music. i once took out my... View More

James L. Arrasmith
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answered on Jan 7, 2024

In the context of being forced to listen to certain types of music at work, legal action can be a complex matter. Generally, employers have broad discretion in setting workplace policies, including those related to music played in common areas. However, if the music contains explicitly offensive or... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Does an employer have the right to go through my personal computer(used for work) & open personal accounts and messages?

Company provided a laptop for work but laptop is extremely old and slow making it impossible to work efficiently. Asked if I could use my personal laptop and was approved. Left for the day and software on my personal computer notified me of someone on my computer. Boss pretended to look for... View More

T. Augustus Claus
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answered on Dec 19, 2023

In Louisiana, employers typically have the right to monitor company-provided devices for work purposes, but the situation becomes more complex when it involves a personal computer used for work. If you were approved to use your laptop for work, your employer's right to access personal accounts... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: User I have a probationary period of 6month and dismissal without notice doing this period. However, I have been told I

I will be sacked by 4pm. I then send my resignation by 4:30pm same today. But the sacked letter came at 6:50pm. Does my resignation stands, since I don’t have to give a notice period to also resign. Context with Nigeria

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where you're employed under a probationary period in Louisiana, and you submitted your resignation after being informed of your impending dismissal but before receiving the official termination letter, the timing of these actions is crucial.

Generally, if you resign...
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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Q: my fiance has been out of work since Sept 21st.

my fiance has been out of work since Sept 21st. He told his boss he was hurt on the job and he said let him know what doctors say and provide doctors note. Chris messaged the owner of company he's working for who he's known for over 25 yrs and his supervisor updates on his thumb all they... View More

Joseph A. Interiano
Joseph A. Interiano
answered on Oct 8, 2023

I recommend filing a workers compensation claim with the office of workers' compensation against his employer. The employer has a duty to report and file a claim with his carrier within 10 days of having knowledge of the injury and accident. The employer also has the obligation to pay for... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: Can a tip compensated employee, i.e. server, voluntarily contribute their tips to the employer?
T. Augustus Claus
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answered on Sep 12, 2023

In Louisiana, tip-compensated employees, such as servers, generally have the legal right to keep their tips, as tips are considered the property of the employees who receive them. Employers are prohibited from taking or accepting tips that belong to their employees. However, tip pooling... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: So today our manager texted us to send him screenshots of our last paycheck is that legal? I reside in louisiana.
T. Augustus Claus
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answered on Jul 26, 2023

In Louisiana, the employer must provide employees with a written itemized statement of their wages and deductions each pay period. This statement typically includes information like hours worked, wages earned, and any deductions taken from your paycheck.

Now, your manager asking for...
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1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Can I sue my employer if they have 14 employees but multiple locations

Employer said I cnt sue they don’t fall under 1964 C R act but they have multiple locations with employees

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 11, 2023

You should contact a Louisiana employment attorney to discuss your situation in more detail. The answer to this question may depend on whether there is any difference in ownership between your location and any other locations the company may have. Regardless, Louisiana may have state discrimination... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: How long does an employer have to pay you expenses owed if you are getting paid per diem?

Regular pay is given every two weeks. Expenses are supposed to be paid monthly, I just haven’t gotten paid since July for my expenses.

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 10, 2022

There is not necessarily a set answer to this. Per diem pay / expense reimbursement can be tricky, and depends on the specific employment policy or agreement in place. They can also interact with overtime laws in complicated ways. I would suggest reaching out to a local employment attorney for... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: If the business that I managed was purchased by another owner, can they pay me less or change my position without consen

I work as a manager and mechanic at an auto shop; the new owners are not willing to pay me my current rate to do a different job, or match my pay through other means. Do I have any options? I was not informed by the previous owner that I was to be expecting a change of ownership or pay, and was due... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 4, 2022

Do you have a contract and what does the contract say? If you do not have a contract then you are considered an at will employee and as such the (new) employer can dictate the terms as long as it does not violate the law. Should you have specific questions, and/or if you have a contact, then I... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: If employer owns 2 stores do they have to pay overtime if splitting time between & 2 different checks?

They have me working 50+ hours a week

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Sep 26, 2022

It is very likely that this is a legal violation which would allow you to recover lost wages and penalties, but I would need a few more facts to know for sure. We've represented workers in similar cases with good results. Feel free to email or call for more information.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Q: if get into a fight at work for defending myself. an i get injured doing the fight by falling and hitting my head.

is my workplace reliable for my injuries? Does my job have to compensate me for my doctor visits?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 19, 2022

If you were defending yourself, yes. If your job is giving you issues then you need to immediate consult with a workers' compensation attorney, or I recommend that you go ahead and do so---most in this area of practice will provide you a free consultation. Good luck.

1 Answer | Asked in Employment Law for Louisiana on
Q: can my employer enroll me in a 401k without my permission and take deduction out of my check
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 21, 2022

If it is a part of your employment agreement, then yes. You should check with your supervisor (or better yet, human resources) and ask your question to them.

1 Answer | Asked in Divorce, Employment Law and Family Law for Louisiana on
Q: An officer is cheating on his wife, during work hours as well. With proof are those grounds for termination?

Will that grant alimony for his wife?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 13, 2022

A private investigator's..report of adultery may result in alimony if wife 's income is low.

Cop cheating with another cop will not result in termination...but if done during work hours, might.

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