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Louisiana Employment Law Questions & Answers
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.

1 Answer | Asked in Employment Law for Louisiana on
Q: If u work for a company and u don't get paid how long does the company have until your able to sue
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Jan 31, 2022

Strictly speaking, there's no minimum time limit before suing, but it almost never makes sense to just file suit without taking certain steps first to ensure you've positioned yourself in the best possible manner. Jumping straight to filing a legal action is rarely the best or most... View More

1 Answer | Asked in Employment Law and Federal Crimes for Louisiana on
Q: Can a employee sue another employee and/or owner if said employee is drunk and has a knife, guns and alcohol on him?

Said employee has all these things on his person everyday on company property. He has also been seen by other employees. When brought to the owners attention, she said she knows about it. This is a paint and body shop. Said employee is an office person that also walks through the entire shop, works... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 6, 2022

What are your goals in this? I would recommend that you contact an attorney in your area and have a consult to specifically discuss this ----what's going on at work and what you seek from asserting a complaint/lawsuit---and then decide the best way to proceed. Good luck.

1 Answer | Asked in Employment Law for Louisiana on
Q: If a employer doesn’t pay bonus of vacation time upon termination. What will they have to pay after 90 days.

Or*

I made a demand this last Monday for my unpaid vacation time and Christmas bonus and received the last check but was not paid for vacation time or bonus.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 14, 2021

You should contact a wage or employment law attorney to discuss this matter. The penalties for failure can include an award of attorney's fees so you should hire an attorney to represent you on this----or at least consult with one to make sure you are aware of your rights and options. Of... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: I was approved for unpaid vacation days. I gave a 30+ day notice of the days I needed. Can my job take them back

I have emails stating that my time has been approved. Also I have already paid for my vacation

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 10, 2021

Without knowing the full story, I would ask you if this is the type of employer you would want? If not, then continue working at your current job while seeking other employment with better work conditions.

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Can an employer decline a resignation letter because you gave them a 2 weeks notice and you gave your last job a 30 day?

Hello,

I need to seek advice regarding an decline of my resignation letter to a company. I work for an Autism company as a Board certified Behavior Analyst. I respectfully put in my 2 week notice as stated in the company handbook. The company declined my resignation letter and stated oh... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 31, 2021

At-will employment states do not require you to provide any notice before resigning your employment. Your employer cannot force you to continue working after your two-week notice period has expired. in addition, assuming you can transition your workload to other individuals over the next two weeks,... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: If my work requires a vax is there a way to avoid it?
Stephen Arnold Black
Stephen Arnold Black
answered on Jul 28, 2021

Religious grounds would be the best way to get excused.

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