Louisiana Employment Law Questions & Answers

Q: Is my employer allowed to grab my shoulder and keep me from leaving after he fired me

1 Answer | Asked in Employment Law and Criminal Law for Louisiana on
Answered on Apr 8, 2019
Ellen Cronin Badeaux's answer
If you were kept against your will, call the Sheriff's office.

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?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Jan 14, 2019
Charles Joseph Stiegler's answer
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 to know more details about the specifics of your claim to give a clear answer. I would suggest contacting a local employment attorney to discuss.

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

1 Answer | Asked in Employment Law for Louisiana on
Answered on Jan 11, 2019
Charles Joseph Stiegler's answer
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.

Q: Can my employer make me work when I have a doctors note stating off work/no work duty until seen by orthopedic?

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Answered on Sep 17, 2018
Douglas Lee Bryan's answer
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.

Q: My boyfriend is a hotel front office manager. He makes $32000 salary before tax and bonuses. Is he entitled to overtime?

1 Answer | Asked in Employment Law for Louisiana on
Answered on May 24, 2018
Charles Joseph Stiegler's answer
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 supervises, and the amount of discretion he has in running his department. For more information on the FLSA executive exemption to overtime pay, there is a link to my article below....

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 ?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Mar 1, 2018
Charles Joseph Stiegler's answer
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.

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

1 Answer | Asked in Employment Law for Louisiana on
Answered on Mar 1, 2018
Charles Joseph Stiegler's answer
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.

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

1 Answer | Asked in Employment Law and Personal Injury for Louisiana on
Answered on Feb 28, 2018
Douglas Lee Bryan's answer
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 employer for any medical or psychological injuries and resulting treatment associated with the stressful situation at your job. If you can successfully show that your employer intentionally put the...

Q: Is it legal for my workplace to not pay me for training

1 Answer | Asked in Employment Law for Louisiana on
Answered on Jan 28, 2018
Charles Joseph Stiegler's answer
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.

Q: My manager has been touching me inappropriately. What can I do?

1 Answer | Asked in Employment Law and Sexual Harassment for Louisiana on
Answered on Jan 25, 2018
Natalie Blackman's answer
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.

Q: I'm currently on leave for PTSD caused by sexual harassment. The owners were aware I was sexually abused when younger.

1 Answer | Asked in Employment Law, Sexual Harassment, Civil Rights and Employment Discrimination for Louisiana on
Answered on Jan 25, 2018
Natalie Blackman's answer
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 mediation fails, you can still request a Right to Sue (after 180 days) and take it to court.

Q: Can my employer intimidate me into quitting because of health reasons, instead of letting me go on sick leave?

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Answered on Jan 25, 2018
Natalie Blackman's answer
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.

Q: If a chemical is being used and the company is not following the manufacturers use guidelines and causes occupational

1 Answer | Asked in Employment Law for Louisiana on
Answered on Jan 23, 2018
Gregory Andrews Cade's answer
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 product, yet the latter failed to do so, they will be held liable for disregarding the instructions. If you are in this situation, I strongly encourage you to take legal action against the company as...

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 %

1 Answer | Asked in Employment Law and Energy, Oil and Gas for Louisiana on
Answered on Dec 6, 2017
Charles Joseph Stiegler's answer
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 highly fact-specific question, and cannot be answered without more precise details regarding the contract and the company's legal status.

Charles

Q: My employer lied about the cash he pays me to workman comp. This effects my weekly benefits what canI I do?

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Answered on Oct 30, 2017
Douglas Lee Bryan's answer
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.

Q: Does a Louisiana Corp (Employer) have to respond to employee seeking verification of past employment.

1 Answer | Asked in Employment Law for Louisiana on
Answered on Oct 26, 2017
Charles Joseph Stiegler's answer
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.

Q: my employer makes me do odd jobs such as moving furniture at the vp's house. Is this legal?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Oct 16, 2017
Charles Joseph Stiegler's answer
As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.

Q: I had to sign an agreement not to discuss my salary with other employees. Was that legal?

1 Answer | Asked in Business Law and Employment Law for Louisiana on
Answered on Oct 6, 2017
Charles Joseph Stiegler's answer
This is not legal. The National Labor Relations Act (NLRA) states that employees have the right to gather together to discuss the terms and conditions of employment - this includes discussing their wages and salaries. For more information, read my blog post here.

http://stieglerlawfirm.com/2017/03/01/company-forbid-workers-discussing-salaries/

The other lawyer who answered this question does not appear to be American, and his answer is flatly incorrect under American law.

Q: If someone works in a retail gas station & works 56 hrs a week & doesn't get paid overtime. Is that illegal?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Sep 11, 2017
Charles Joseph Stiegler's answer
In most cases, yes, unless the individual is a genuine supervisory employee who is paid at least $455 a week, guaranteed, and has a primary duty of supervising others rather than performing manual work. You should speak to a local employment attorney about your options.

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