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The Louisiana Earned Income Credit poster has been updated to reflect the 2015 income limits for earned income tax credit. This is a mandatory change affecting all employers in Louisiana. Statutory language regarding Earned Income: Based on the recent IRS ruling, if an individual makes $47,000 or less, an employer should notify you at the time
On October 14, 2015, the Louisiana Supreme Court ruled (Nunez v. Pinnacle Homes, LLC) that professional builders are not “professionals” under Louisiana’s LLC law, and therefore they cannot be held personally liable for “breaches of professional duty.” In so doing, the Court limited the term “professionals” under the LLC law to be only those identified under
Employers, be careful disciplining employees for their Facebook activity. On October 21, 2015, a Federal court of Appeals determined that an employee who “liked” another employee’s post participated in protected activity, and terminating the employee was a violation of the National Labor Relations Act (“NLRA”). What Happened: The employer was a sports bar. One employee
Employers need to be very careful with how they pay their employees because overtime lawsuits continue to be one of the hottest trends in employment litigation, and they can be very expensive. In November 2015, Urban Outfitters agreed to pay $5 million to current and former employees who were not paid overtime. The payments include
On four separate occasions, the EEOC has sued Autozone for violating the ADA. Most recently, the EEOC claims that Autozone’s attendance policy violates the ADA because it fails to take into account potential absences due to disabilities. Autozone’s Seemingly Innocent Policy: Autozone’s attendance policy appears to be neutral on its face. Autozone applies points to
The DOL recently investigated J&J Snack Foods Corp., a New Jersey based food manufacturer, and determined it failed to pay overtime properly to approximately 465 of its employees. According to the investigation, J&J had paid the employees their regular rate of pay for their overtime hours. Nonetheless, J&J agreed to pay $1.2 Million in back
Beginning on November 12, 2015, the U.S. Department of Labor (“DOL”) will begin enforcing a new rule that employers must pay minimum wage and overtime to certain home care workers. Historically, home care workers were exempt from overtime rules and were traditionally paid on a salary or per patient basis regardless of the amount of
A Military Advanced Medical Directive is a life planning document for individuals in the active military. In short, it is a living will that because of Federal Law can be used in any state. It allows a military member to express their wishes and desires if it is determined that their death will occur whether or not life-sustaining
Unfortunately, the employment market in Southeast Louisiana continues to suffer. NOLA.Com is reporting that Trinity Marine has sent a WARN notice to the Louisiana Workforce Commission advising that it will be laying off over 300 people this holiday season. See the article at: http://bit.ly/1Rsy2qa. If your company What is a WARN Notice? The Worker Adjustment and
On April 20, 2015, the 5th Circuit clarified that courts should presume that a Title VII plaintiff received a right to sue letter three days after the EEOC mailed the right to sue. Jenkins v. City of San Antonio Fire Dept., 14-50483, *5 (5th Cir. 4/20/2015) (the opinion may be found here). Plaintiffs who file
The Supreme Court addressed an employer’s duty to accommodate pregnant employees in Young v. UPS. In short, the Court held that employers must accommodate pregnant employees the same way the employer accommodates non-pregnant employees. The Pregnancy Discrimination Act The Pregnancy Discrimination Act (“PDA”), prohibits discrimination against pregnant employees, but does not specifically require reasonable accommodations
Everyone knows that they should have a will. This is correct, but incomplete. What everyone truly needs is a proper estate plan to cover three scenarios adults commonly encounter: 1) you become unable to care for your finance, 2) you become unable to make medical decisions, and 3) you die. Although there are many ways
Who is the EEOC? The EEOC is the Equal Employment Opportunity Commission. It is a federal agency that enforces the following federal laws: Title VII of the Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Americans with Disabilities Act (ADA) Genetic Information Nondiscrimination Act of 2008
One way an attorney can help your business increase profits is demanding the money that is owed to you. An old law school friend, Seth Smiley, just wrote an article detailing the benefits of hiring an attorney to send demand letters. Read the full article here.
Beginning August 1, 2014, Louisiana employers will be prohibited from demanding or even requesting that applicants disclose their log in information for their online accounts. Employers cannot take any adverse action, including not hiring an applicant, because the applicant refused to disclose the information. However, the new law (Personal Online Account Privacy Protection Act) does not