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Louisiana Employment Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Federal Crimes for Louisiana on
Q: I was a 1099 employee appointed with the company. ........

The upper lines put in surveillance cameras in the workplace. They claimed these cameras had no audio. But now, after leaving, I have determined they do have active audio. There are no signs or notices in the building about the audio surveillance. Is that legal?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 10, 2019

Thus is an employment law question.

1 Answer | Asked in Business Law, Contracts and Employment Law for Louisiana on
Q: Is a verbal contract legal between a general contractor and sub contractor.

Labor work was completed by myself (sub-contractor) between 60-70 days ago and general contractor has not paid me. General contractor says he doesn't have the funds to pay me.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Yes.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Business Law for Louisiana on
Q: hello , what would be "proper cause" NOT to testify for one of the two partys in a case.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 12, 2019

If you received a subpoena, there is no proper cause not to appear. If you have not received a subpoena and don't want to testify, then don't go to court.

1 Answer | Asked in Employment Law and Criminal Law for Louisiana on
Q: Is my employer allowed to grab my shoulder and keep me from leaving after he fired me
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 8, 2019

If you were kept against your will, call the Sheriff's office.

1 Answer | Asked in Criminal Law, Employment Law and Energy, Oil and Gas for Louisiana on
Q: Is indecent behavior with juveniles considered aggravated sexual abuse in the state of Louisiana?

The conviction only involves section A (1).

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 2, 2019

More information needed.

1 Answer | Asked in Employment Law for Louisiana on
Q: I’m not getting paid (in La.) due to the govt shutdown, yet I’m being asked to do some work without pay. Is that legal?

I work in the state of La. for a large government contracting company. Due to the current government shutdown, a work stoppage has been issued and we’re not getting paid, yet we are being asked to do some work without pay. Is that legal, and are we entitled to compensation for every hour we work... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Jan 14, 2019

Generally, it is not legal for a company to require you to work without pay. There are some unique aspects to this rule given the government shutdown; however, even the government is required to pay people on time, and the shutdown does not excuse them from lawsuits for unpaid wages. I would need... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: I have a co worker that is taking our company to court for not paying overtime and wonder if I'm able to jump in on it

Or do I have to file my own claim

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Jan 11, 2019

That depends. Some unpaid overtime lawsuits are filed as "collective actions," which means that other co-workers can ask the court to join the suit. Other lawsuits are filed just on behalf of one individual. I would need to know more about your co-worker's lawsuit to answer this question.

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Q: Can my employer make me work when I have a doctors note stating off work/no work duty until seen by orthopedic?

This is a workers comp case in Louisiana and I don’t know what to do. I feel I should not work because the doctor orders state no work. I let the owner know and she told me I had to cover my shift tonight because she didn’t have anyone else too. I feel like she is trying to make me feel... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 17, 2018

If you were injured at work and your treating physician takes you off of work due to the injury, your boss cannot force you to work and cannot fire you due to your refusal.

1 Answer | Asked in Employment Law for Louisiana on
Q: My boyfriend is a hotel front office manager. He makes $32000 salary before tax and bonuses. Is he entitled to overtime?

He works 5 9-hour shifts per week.

Charles Joseph Stiegler
Charles Joseph Stiegler answered on May 24, 2018

It is impossible to answer that question without more detailed information. Whether a manager is properly overtime exempts depends on several factors including: how much of his time he spends managing other employees, whether he has authority to hire or fire, the number of employees who he... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: Is it legal for a employer to cut pay even though I sign a contract that states I get paid a certain amount salary ?

I signed a contract that states I get paid $60000. My employer told me that they have to cut my pay in order to higher a certified employee. I already signed the contract 2 months ago. I do not see in the contract where it states my pay can be cut.

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Mar 1, 2018

This depends on the specific terms of your contract. It is impossible to give legal advice on a contract without reading it first, so you should contact a local employment attorney to discuss.

1 Answer | Asked in Employment Law for Louisiana on
Q: Is is legal to have a job candidate pay for their own drug screening and be reimbursed if hired in the state of LA
Charles Joseph Stiegler
Charles Joseph Stiegler answered on Mar 1, 2018

Generally no. The only exception is the costs may be withheld from the last paycheck if the employee quits within the first 90 days of work, and there is a prior written agreement to that effect.

1 Answer | Asked in Employment Law and Personal Injury for Louisiana on
Q: An employee that I fired assaulted me along with her sister. The company hired her back. I don't feel safe, I can't work

When I fired her, she started assaulting me and her sister jumped in and beat me too. I pressed charges and they have a warrant out for both of the sisters, currently. The company recently hired her back not even a month after the incident, even though the is a warrant for her arrest for assault... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 28, 2018

First, I have to ask the obvious question: If there's a warrant outstanding for this person, have you notified the police that they can arrest her at your place of employment? If so, why hasn't she been arrested? Second, at the very least, you may have a worker's compensation claim against your... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: Is it legal for my workplace to not pay me for training
Charles Joseph Stiegler
Charles Joseph Stiegler answered on Jan 28, 2018

There is not enough information here to give a certain answer. In most cases, employers must pay employees for training time. There are a few narrow exceptions, but these are very fact specific. You should speak to a local employment lawyer to discuss your specific situation.

1 Answer | Asked in Employment Law and Sexual Harassment for Louisiana on
Q: My manager has been touching me inappropriately. What can I do?

I've been working at this company for a little over a year. Ever since I started work here my manager has touched me inappropriately by smacking me on the butt. I told her to stop and she did but then the sexual comments followed. It would be things like about how big my butt is and about sexual... Read more »

Natalie Blackman
Natalie Blackman answered on Jan 25, 2018

File a claim with the EEOC for sex discrimination. You can find the intake questionnaire at eeoc.gov. You should also gather any documentation you have to prove that you have reported these instances to the District Manager.

1 Answer | Asked in Employment Law, Sexual Harassment, Civil Rights and Employment Discrimination for Louisiana on
Q: I'm currently on leave for PTSD caused by sexual harassment. The owners were aware I was sexually abused when younger.

I've been subjected to the harassment at work for 12 years by another manager. He was fired for harassment by his previous employer. In addition to the harassing behavior, he started a rumor that I was having an affair with another supervisor. As a result of the rumor, other employees have made... Read more »

Natalie Blackman
Natalie Blackman answered on Jan 25, 2018

Employment law cases are fact sensitive so I cannot assess your chances of winning in Court based on the information provided; however, you should definitely file a claim with the EEOC. Mediation is optional; however, if your employer agree to it, it would not hurt you to go through mediation. If... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Can my employer intimidate me into quitting because of health reasons, instead of letting me go on sick leave?
Natalie Blackman
Natalie Blackman answered on Jan 25, 2018

No, an employer cannot intimidate you into quitting because of health reasons. Generally, you can take sick leave if you are eligible, and it is available. Eligibility and availability would depend on the sick leave policy of your employer.

1 Answer | Asked in Employment Law for Louisiana on
Q: If a chemical is being used and the company is not following the manufacturers use guidelines and causes occupational

asthma is there legal grounds to take against the company?

Gregory Andrews Cade
Gregory Andrews Cade answered on Jan 23, 2018

Yes. If you develop a health problem as a result of workplace exposure to a toxic agent, you can take legal action against whoever is responsible for your injury and recover the compensation you deserve. Supposing the manufacturer provided the company with adequate guidelines on how to use their... Read more »

1 Answer | Asked in Employment Law and Energy, Oil and Gas for Louisiana on
Q: If I sign a employment agreement in which I'm to receive 30% of my annual salary as a bonus each year plus an addition %

if the company prospers. Can the company not pay me my bonus because they had to file for reconstruction of the company in court.

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Dec 6, 2017

Thanks for the question. It's not clear what you mean by "reconstruction in court," but if you are referring to a bankruptcy restructuring, the answer is that companies undergoing bankruptcy may have the right to rescind or reject contracts that were entered into before the bankruptcy. This is a... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Q: My employer lied about the cash he pays me to workman comp. This effects my weekly benefits what canI I do?

He pays me 40 hours on check the rest in cash with no overtime I'm making a 1/3 of what I used too instead of 2/3

Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 30, 2017

You would have to have proof of the extra payments to show worker's compensation. Of course, there's the possibility of your incriminating yourself, if you weren't paying taxes on the extra money you were receiving.

1 Answer | Asked in Employment Law for Louisiana on
Q: Does a Louisiana Corp (Employer) have to respond to employee seeking verification of past employment.
Charles Joseph Stiegler
Charles Joseph Stiegler answered on Oct 26, 2017

No. Unless you signed a severance agreement or other contract with the company, and they agreed to provide you with a reference, there is no requirement that a former employer provide verification of past employment.

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