Baton Rouge Employment Lawyer

Baton Rouge Employment Attorney

Employment law claims can disrupt the operation of your business by draining resources and damaging the reputation you worked hard for. Employers in Baton Rouge must follow federal and state laws while also protecting themselves. A Baton Rouge employment lawyer can provide the right legal strategy for businesses to minimize risks and maintain a productive workplace.

Having handled thousands of professional liability claims in more than 50 years, the Baton Rouge Employment Attorney of Watson, Blanche, Wilson & Posner, LLP, are prepared to represent employers already involved in employment law disputes as well as those that seek to take proactive action to ensure compliance.

This includes issues related to:

• Providing training and assistance in drafting employee policies, procedures, handbooks to ensure compliance with state and federal law
• Employment discrimination — sexual harassment, age, disability, retaliation, hostile work environment and constructive discharge
• Employee benefits: Employers have to be compliant with ERISA and ACA regulations. This is especially important in industries like healthcare, where benefit structures are closely monitored.
• Intentional infliction of emotional distress: Employees may allege emotional distress due to the environment of their workplace. To reduce the risk of this occurring, enforce professional standards for conduct ahead of time in writing.
• Negligent training and supervision: If employees are not thoroughly trained, the risk of incidents in the workplace increases. Detailed training programs that focus on safety can help prevent liability.
• Non-compliance can have significant financial consequences, including back pay, fines, and penalties: Non-compliance may result in avoidable and costly legal claims.
• Live training and management seminars: Regular compliance training verifies that management understands the employment laws that apply to them, both on the federal and state levels.
• Employment agreements: A well-drafted employment contract can protect businesses by clearly defining the expectations of employees. Clauses can be added requiring confidentiality and conditions of termination.

Additionally, the firm is able to leverage its health care industry expertise to address issues related to:

• Stark
• Anti-kickback
• False Claims Act — review physician agreements for compliance
• Formulate strategy for self-reporting violations
• Employee privacy rights
• HIPAA violations when employee’s PHI is disseminated by co-workers

At-Will Employment and Wrongful Termination

Louisiana follows an at-will employment doctrine, meaning employers can fire employees without a cause unless legal protections are violated. There are certain circumstances in which firing an employee can be illegal, depending on the reasoning behind the firing.

State and federal laws provide protection against firings due to being a member of a protected class. These classes include race, sex, age, disability, and other essential parts of an individual. Employees are also protected from being fired due to reporting workplace violations.

Baton Rouge courts handle wrongful termination claims under statutes like Title VII and LA RS 23:967. Public sector employees and healthcare workers often file these types of claims because they are awarded certain protections, making it easier to report potential violations. Employers can reduce liability by establishing clear workplace policies and properly documenting terminations to prevent them from being associated with discrimination.

How Can A Baton Rouge Employment Lawyer Help

A Baton Rouge Employment Attorney can leverage the healthcare industry experience to address issues related to:

• Stark: Healthcare employers have to be careful about how physician referrals are structured to avoid violations of the Stark Law. Violations can result in significant penalties.
• Anti-kickback: Employers in the healthcare sector have to stay compliant with federal anti-kickback statutes by not rewarding people who refer business to their practice, especially for individuals on Medicare or Medicaid.
• False Claims Act: review physician agreements for compliance. Companies receiving federal funds must implement compliance programs to reduce the number of fraudulent claims. Any existing fraudulent claims must be detected and penalized to prevent government investigations.
• Formulate a strategy for self-reporting violations: Employers facing potential regulatory breaches should seek legal counsel to develop a self-reporting strategy that works before an official violation occurs.
• Employee privacy rights: Businesses that keep information on their employees have to follow privacy laws to prevent legal issues.
• HIPAA violations when an employee’s PHI is disseminated by co-workers: Every employee has protected health information or PHI. This must be protected at all costs to prevent breaches by co-workers.

Wage and Hour Laws

The Fair Labor Standards Act (FLSA) governs minimum wage and overtime pay in Baton Rouge. Louisiana does not have a state minimum wage, so it adheres to the federal minimum wage rate.

Employers must pay overtime for hours worked over the standard workweek unless the employee qualifies for an exemption. These exemptions include certain industries and roles, like executives, administrative, and professional workers, depending on how much money they make. There are separate exemptions for outside sales employees. Wage and hour laws also cover meal breaks and proper record keeping.

Challenges Employees Face

Retail and hospitality industries near downtown Baton Rouge frequently face wage disputes. Some companies require employees to engage in unpaid overtime activities or do not provide final paychecks on time.

Others misclassify employees as independent contractors to make them exempt from wage and hour laws. Smaller businesses often encounter legal challenges related to improper payroll deductions or failing to keep accurate wage records.

Employees can file claims with the Louisiana Workforce Commission or the U.S. Department of Labor for wage violations. They might be eligible to receive fines as well as back pay for any missed wages. Auditing your payroll practices can keep you compliant with wage laws.

FAQs About Baton Rouge Employment Laws

Q: What Qualifies as Wrongful Termination in Louisiana?

A: In Louisiana, wrongful termination is when an employee is terminated due to discrimination or because they are a whistleblower. Louisiana follows at-will employment, which means an employer can fire an employee for any reason unless the reason is illegal. Employees in Baton Rouge often bring wrongful termination claims in the 19th Judicial District court or the Middle District of Louisiana if the firing violates state or federal protections.

Q: What Rights Do Employees Have Regarding Unpaid Wages?

A: The rights that employees have regarding unpaid wages are covered under the Fair Labor Standards Act. Employers in Baton Rouge must pay employees on regular paydays, and final wages must be paid within a certain number of days of termination. If an employer fails to pay wages that are owed, employees can file a claim or take legal action. Local retail and hospitality businesses often face wage disputes over misclassification or withheld pay.

Q: How Does Louisiana Handle Workplace Discrimination Claims?

A: Louisiana handles workplace discrimination claims under both federal and state law. The Louisiana Commission on Human Rights receives complaints from employees who feel they have experienced workplace discrimination. Discrimination cases involving state employers can proceed through the state courts, while private sector claims might be handled in federal court instead.

Q: Can an Employee Be Punished for Reporting Workplace Harassment?

A: An employee cannot be punished for reporting workplace harassment. This is considered retaliation, which is against the law for Louisiana employers. Acts of retaliation can include things like termination, demotion, reducing the employee’s hours, or other actions that negatively affect the employee. Retaliation claims frequently arise in industries like healthcare and government due to strict reporting requirements and whistleblower protections.

Identify Potential Risks

Being proactive can make workplace disputes much easier to manage. Establishing clear policies and proper training ahead of time can protect businesses from legal claims so they can focus on their daily operations. If your company is facing an employment law claim or wants to reduce legal exposure, schedule a consultation with Watson, Blanche, Wilson & Posner, LLP to take action.