Louisiana employment law overview

Louisiana has laws that provide greater protections to employees than federal law, including health care continuation coverage obligations for smaller employers and bone marrow donation leave, but generally follows federal law with respect to topics such as the minimum wage, overtime and occupational safety and health. 

Select Louisiana employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Louisiana employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Louisiana Employment Discrimination Law (LEDL) prohibits an employer with 20 or more employees from discriminating on the basis of protected characteristics, including, but not limited to: 

• Age (40 or over); 
• Disability; 
• Race; 
• Color; 
• National origin; 
• Religion; 
• Sex; 
• Military status; 
• Natural, protective or cultural hairstyle; 
• Sickle cell trait; and 
• Genetic information. 

The LEDL also prohibits an employer with 26 or more employees from discriminating on the basis of pregnancy, childbirth and related medical conditions. 

Equal pay 

The Louisiana Employment Discrimination Law (LEDL) prohibits all forms of discrimination, including discrimination in compensation, on the basis of any protected characteristic. The LEDL also specifically prohibits intentional sex-based pay discrimination between employees performing equal work in jobs requiring equal, skill, effort and responsibility that are performed under similar working conditions. 

Pay transparency  

Louisiana does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Louisiana does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

Louisiana does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

The LEDL requires certain employers to treat pregnancy, childbirth and related medical conditions as any other temporary disability. The law entitles employees to a leave of absence and other reasonable accommodations. 

Breastfeeding breaks 

Louisiana does not have requirements for private employers related to breastfeeding breaks. 

Access to personnel files 

Current and former employees have a right to access personnel records related to the employee’s exposure to potential toxins. 

Whistleblower protections 

Louisiana does not have a whistleblower law applicable to private employers. 

Scheduling 

Louisiana does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Louisiana employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Louisiana does not prohibit the use of credit information for employment purposes but does give applicants the right to certain information. In addition to requirements under the federal Fair Credit Reporting Act (FCRA), an individual who is denied employment on the whole or partial basis of information provided by a credit reporting agency is entitled to a copy of their credit report upon a written request made within 60 days of the denial. 

Ban the Box and Fair Chance 

Louisiana employers may not request or consider information received in the course of a background check regarding an arrest record or charge that did not result in a conviction when making a hiring decision. 

When considering other types of criminal history records, employers must make an individual assessment of the relationship between an applicant’s criminal history and the specific duties of the position to determine whether a direct and adverse relationship exists that would justify denying the applicant the position. In making this assessment, the employer must consider: 

• The nature and gravity of the offense or conduct; 
• The time elapsed since the offense, conduct or conviction; and 
• The nature of the job sought. 

In addition, an employer must make any background check information used in the hiring process available to an applicant upon written request. 

E-Verify 

Private employers that bid on public works contracts for the performance of services within the state of Louisiana must verify in a sworn affidavit attesting to the following: 

• That the private employer is registered and participates in E-Verify to verify that all employees in the state of Louisiana are legal citizens in the US or are legal aliens. 
• That the private employer will use E-Verify during the term of the contract to verify the legal status of all employees in the state of Louisiana. 
• That the private employer will require all subcontractors to submit to the employer a sworn affidavit verifying compliance with the above E-Verify requirements. 

Wage and hour 

Louisiana employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Louisiana does not have a minimum wage law applicable to private employers. 

Overtime 

Louisiana does not have a state overtime law applicable to private employers. 

Meal and rest breaks 

Louisiana follows the FLSA and does not require an employer to provide breaks or meal periods to employees who are 18 years old or older. However, employees who are aged under 18 and who are scheduled to work five consecutive hours must be provided with an unpaid meal period. 

Child labor 

Child labor laws in Louisiana restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in a number of hazardous occupations such as mine or quarry work or positions in iron or steel manufacturing plants. 

Minors who are 15 years of age and younger have additional restrictions, and may not work in specified occupations such as in a poolroom or billiard room, manufacturing or processing, or distribution or delivery of goods or messages. 

Minors under the age of 16 – regardless of whether they have graduated from high school – may not work more than: 

• Eight hours per day; 
• Six consecutive days in one week; 
• Three hours each day on any day when school is in session; or 
• 18 hours in any week when school is in session. 

Minors under the age of 16 who have not graduated from high school may work: 

• Between the hours of 7:00 a.m. and 7:00 p.m. (9:00 p.m. from June 1 through Labor Day); and 
• Up to 40 hours per week. 

Sixteen-year-olds who have not graduated from high school may not work between 11:00 p.m. and 5:00 a.m. prior to the start of a school day. Seventeen-year-olds who have not graduated from high school may not work between 12:00 a.m. and 5:00 a.m. prior to the start of a school day. 

In addition, an employer must give every minor who works for any five-hour period at least one 30-minute meal break, which is not included as part of the working hours of the day. 

Pay and benefits 

Louisiana employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Louisiana law does not specify a required method of paying employees. However, most employers are required to inform employees when they are hired of the method by which they will be paid. 

Pay frequency and lag time 

All employers are required to inform employees at the time they are hired how frequently they will be paid. An employer that fails to designate paydays must pay employees on the first and sixteenth days of the month or as near to those dates as possible. Exceptions apply. 

Pay deductions 

An employer may make deductions for: 

• An employee’s willful or negligent damage to employer goods, works or property; and 
• The amount of actual damage when an employee is convicted of, or has pled guilty to, stealing employer funds. 

Pay statements 

Louisiana does not have requirements for private employers related to pay statements. 

Wage theft 

Louisiana does not have a wage theft law applicable to private employers. 

Health care continuation 

Louisiana’s health care continuation law applies to employers not covered by federal COBRA. Group health policies issued to a covered employer must include continuation coverage for employees and their covered dependents whose coverage terminates as a result of a termination of employment, divorce, the employee’s death or termination of membership in the group policy. Continuation coverage generally lasts for up to 12 months, but may be longer for a surviving spouse. 

Temporary disability insurance 

Louisiana does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Louisiana employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Louisiana does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Louisiana does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

Louisiana has laws related to time off and leaves of absence, including but not limited to:

• Pregnancy leave; 
• Military leave; 
• Veterans’ medical appointment leave; 
• School and day care conference and activities leave; 
• Emergency responder leave; 
• Jury duty leave; 
• Bone marrow donation leave; and 
• Leave for genetic testing and cancer screening. 

Health and safety 

Louisiana employers may be required to follow certain requirements with respect to employee health and safety.

Occupational safety and health  

Louisiana does not have a federally approved state plan governing occupational safety and health. Therefore, the Occupational Safety and Health Administration has authority over private sector employers in the state.   

Drug and alcohol testing 

Under Louisiana law, drug testing of Louisiana residents and of samples collected in Louisiana must be performed in line with the Mandatory Guidelines for Federal Workplace Drug Testing Programs if employers have a drug testing policy that includes disciplinary action or “negative employment consequences” for employees as a result of a positive drug test. In addition to specifying collection and testing procedures designed to ensure accurate and unadulterated testing, Louisiana law sets forth the requirements for reviewing and interpreting positive test results. 

Smoke-free workplace 

The Louisiana Smokefree Air Act prohibits smoking in any enclosed area within a place of employment, with certain exceptions. An employer must post proper signage and remove ashtrays in every place where smoking is prohibited. 

Weapons in the workplace 

Louisiana generally allows guns to be stored or transported in locked private vehicles, even if the vehicle is parked on workplace property. However, an employer may limit or restrict guns in the workplace. 

Safe driving practices 

Louisiana prohibits use of any wireless telecommunications device while operating a motor vehicle on any public road or highway, unless the motor vehicle is lawfully stationary, with certain exceptions. 

Organizational exit 

Louisiana employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

An employee who voluntarily resigns or is involuntarily terminated from employment must be paid by the next regular payday or 15 days after the date of separation, whichever occurs first. 

The final check should include payment for any accrued, but unused, vacation days if the employer has a policy that provides for such payment. 

An employer may pay all wages owed a deceased employee to the surviving spouse, provided that divorce proceedings have not been instituted, or an adult child, in that order. The person requesting the payment must first sign a document before two witnesses indicating his or her relationship to the deceased. 

Mass layoffs 

Louisiana does not have its own version of the federal WARN Act. 

AI in employment 

Louisiana does not have a law related to AI in employment applicable to private employers.