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One of the biggest contributors to Louisiana’s business-friendly environment is its employment litigation. The Pelican State has more relaxed labor laws than many U.S. states, but this leniency doesn’t make Louisiana’s laws any less complicated.
As part of our 50-state labor laws series, we’re here to help you understand the nitty-gritty of Louisiana’s labor laws, so you can go about your business without risking reputational damage, financial penalties, or even jail time.
Without further ado, let’s jump straight into it.
Meals and Breaks in Louisiana
No law requires employers to offer employees breaks in Louisiana.
However, La. R.S. 23:302 mandates that minors working more than five-hour shifts must get a 30-minute unpaid break. Employers don’t have to compensate employees for these breaks. However, they must allow them to use their breaks as they please, which includes allowing them to leave the premises.
That said, employers can only make employees work through breaks if the breaks are compensated.
While no Louisiana law mandates rest breaks, such breaks are encouraged for employees working four or more consecutive hours. The duration of these rest breaks is at the discretion of the employer. Rest breaks are not compensable.
Leave and Paid Time Off (PTO) in Louisiana
Louisiana employers are not required to offer employees either paid or unpaid time off. However, some employers may offer time off – typically paid – as a benefit. In such cases, employees can accrue time off or roll it over to the following year.
Under accrual systems, employees can use, forfeit, roll over, or cash out their earned time off.
Employees must decide what to do with their paid time off at the end of every year. Employers must abide by all stated terms in their employment policies and/or contracts. Employers can limit the number of vacation days or hours employees can accrue. These limits must be clearly indicated in written and signed policies.
The law compels employers to pay employees for accrued time off, even after termination. All accrued time off must be paid out in the employee’s final paycheck. This mainly applies to vacation time in Louisiana, but may vary depending on the employment policy.
Employer Obligations Regarding Paid or Unpaid Leave
Break or Leave Type in Louisiana
Louisiana Sick Days
No requirements
Louisiana Vacation Time
No requirements
Louisiana Holiday Leave
No requirements
Louisiana Family and Medical Leave
No requirements
Louisiana Bereavement Leave
No requirements
Louisiana Military Leave
Employees in Louisiana can take unpaid, job-protected leave for active military duty as per the Uniformed Services Employment and Reemployment Rights Act (USERRA). Under USERRA, employers must reinstate employees of military work to their previous positions.
They must also allow up to five years of unpaid leave and continue to provide group healthcare benefits for 24 months of the employee’s leave.
Louisiana Parental Leave
Louisiana doesn’t compel employers to offer parental leave. However, under FMLA, parents (adoptive or biological) are entitled to parental leave. Full-time employees must complete at least 12 consecutive working months to qualify for 12 weeks of parental leave.
Louisiana Voting Leave
No requirements
Louisiana Jury Duty Leave
According to La. Stat. Tit. 23, § 965, Louisiana prohibits employers from interfering with or punishing employees for serving on a jury. Employers must also pay employees serving jury duty at least one day of wages and cannot deduct it from leave or time off balances.
Crime Victim Leave
Employees are entitled to some time off work for court hearings.
Overtime Regulations in Louisiana
Louisiana labor laws require employers to pay overtime, regardless of business niche or company size. Federal FLSA regulations and Louisiana labor laws both protect mandatory overtime. According to the FLSA, a business must pay overtime if:
- It makes more than $500,000 in sales annually
- It sells products or services across multiple states (interstate commerce)
In Louisiana, overtime is paid for every hour after the 40th hour in a work week. This means any additional hour after the 40-hour mark is considered overtime.
How is the Overtime Rate Calculated?
Overtime in Louisiana is calculated at 1.5 times the regular pay rate, excluding commissions, bonuses, and other payments. Below is a quick rundown of how to calculate overtime in Louisiana.
Let’s say a construction worker works 50 hours a week at $15 per hour.
40 hours = Regular work hours
10 hours = Overtime hours
Overtime is 1.5 times the regular rate = $15 x 1.5 = $22.50
40 regular work hours X $15 (Regular rate) = $600
10 overtime hours X 22.50= $225
Total pay = Regular Pay ($600) + Overtime Pay ($225) = $825
Are There Any Exceptions to Overtime Pay?
Overtime pay in Louisiana is a legal right for nearly everyone under the umbrella of “employee.” However, certain employees are exempt from overtime pay, regardless of how many hours they work. These employees include:
- Executive and administrative employees earning more than $1,125 weekly
- Creative and learning professionals with weekly salaries of more than $1,125
- Outside sales employees
- Cab drivers
- Camp counselors
- Part-time babysitters
- Apprentices
- Interns
- Volunteers
- Student organization employees
- Farm laborers
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Wages and Benefits in Louisiana
Louisiana state laws require employers to pay their employees for all the hours they’ve worked. This means all employees, regardless of occupation, should receive payment at no less than the minimum wage rate.
Louisiana doesn’t have a minimum wage; hence, the state uses the federal minimum wage of $7.25 per hour and $2.13 for tipped wages. The payment also includes overtime hours if an employee works more than 40 hours. In that case, they should be paid one and a half times more than their regular pay.
Mandatory Employee Benefits in Louisiana
The state of Louisiana provides a detailed structure for employee benefits. State-required benefits include:
Employee Benefits in Louisiana
Retirement Plans
The state requires employers to offer employees retirement plans.
Meal Breaks
Employees under 18 are entitled to a 30-minute meal break after every five hours of work.
Prevailing Wages in Louisiana
Louisiana has no statutes addressing prevailing wage requirements. However, employers are required to pay their employees prevailing wage rates as established by the federal Davis-Bacon Act.
Employees are eligible for prevailing wage rates only if they:
- Work on government-funded construction projects
- Perform certain government services
Hiring Practices in Louisiana
Louisiana has strict regulations for the hiring process. However, the state doesn’t restrict how organizations may recruit employees – it only guides employers on structuring their job ads. Employers in Louisiana should keep the following guidelines in mind when hiring:
Job Advertisement
Employers must draft job descriptions that are clear and easy to understand. They’re also prohibited from posting job ads that may discriminate against race, gender, sex, etc.
Criminal History
In 2017, Louisiana made it illegal to inquire about criminal history-related questions during the employee application stage, similar to “ban the box” laws adopted by other states.
Louisiana Law HB 707 also prohibits employers from inquiring about arrests that didn’t result in convictions. Employers must perform individualized assessments to check whether an applicant’s criminal history directly affects the job.
Negligent Hiring
Employers in Louisiana must hire competent employees. Failure to do so may leave an employer liable for damages or injuries the employee may cause while on duty.
Medical Examinations
Louisiana law R.S. 23:634(B) prohibits employers from asking applicants or employees to pay for medical examinations, especially as a condition of employment. Employers are also barred from conducting medical examinations as a pre-employment condition.
However, employers can request medical examinations after extending an applicant a job offer. These medical examinations may establish whether the applicant is physically and mentally fit for the job. All medical examinations must be standardized, abide by ADA standards, and be performed the same way for all employees in similar positions.
Drug Testing
Louisiana employers can conduct drug tests as a condition of employment, or if they have reasonable suspicions. However, employers are limited to certified laboratories and standard procedures for drug tests.
Employees with positive drug test results may request copies of their results within seven days. Employers may also request rehabilitation in place of termination for employees with positive results.
Health and Safety Standards in Louisiana
Louisiana labor laws require employers to ensure their work environment is safe from hazards that can result in injury, illness, or death. However, since Louisiana doesn’t have its own plan for these standards, employers must abide by all applicable OSHA guidelines administered at the federal level.
Under OSHA, employers must:
- Post OSHA safety documents in places where employees can easily see them
- Report accidents resulting in serious injuries or an employee's death to OSHA within eight hours
Here are some avenues through which employees in Louisiana can report unsafe working conditions:
- The Louisiana Department of Health Website
- The Occupational Safety and Health Administration (OSHA) Website
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💡Did You Know?
Employers must report all accidents resulting in an employee’s eye loss, amputation, or inpatient hospitalization to OSHA within 24 hours.
Employee Termination and Resignation in Louisiana
Louisiana doesn’t bar employees from resigning at any given time. Employers can also fire an employee whenever they wish, without providing any reason for dismissal. However, employers must provide final paychecks within 24 hours following a terminated employee’s request.
Unemployment Benefits in Louisiana
Unemployed workers in Louisiana are entitled to unemployment benefits provided they meet the minimum requirements. Here are some conditions you should meet to qualify for these benefits:
- Be currently unemployed
- Have sufficient previous earnings
- Must have worked in Louisiana for a year
- Must be actively seeking work
You can apply for unemployment benefits on the Louisiana Unemployment Insurance website or by calling 1-800-259-5154.
Penalties for Noncompliance in Louisiana
The Louisiana Workforce Commission is strict regarding noncompliance with labor laws.
Willful violation of the FLSA’s minimum wage and overtime requirements may result in a maximum fine of $2,347. Failing to abide by child labor requirements can attract a fine of $15,138 for every unlawfully employed child worker. Any violations leading to a child’s death increase this fine to $68,801.
Violating OSHA safety standards can result in fines of up to \$15,625. Repeated violations can incur maximum penalties of $156,239. The most severe financial penalties are reserved for breaching the EEOC and intentional discrimination, which can result in fines or penalties of between $50,000 and $300,000, depending on the employer’s size.
Other Essential Information About Labor Laws in Louisiana
Other labor laws in Louisiana do not necessarily fall into any of the subcategories we’ve discussed so far. These include:
- RECORDKEEPING LAWS: According to Louisiana recordkeeping laws, employers should keep their employees' records during employment and after termination of the contract.
- SOCIAL MEDIA LAWS: An employer is forbidden from requesting employees’ information regarding their social media accounts.
The Bottom Line on Louisiana Labor Laws
Labor law compliance is crucial to ensuring worker safety, economic prosperity, and a conducive and prosperous business environment. Ensuring 100% compliance with the latest labor not only keeps you in good books with Uncle Sam but also ensures your company’s success.
That’s why staying updated on the labor laws in your state – Louisiana or elsewhere – is essential. This way, you can better improve workplace conditions.
For many businesses, great software is the only real solution to labor law compliance challenges. The right business management software tends to come with built-in compliance and recordkeeping rules, regardless of your industry, how many employees you have, what they do, or how widely they’re dispersed across the state (or country).
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Workyard’s intuitive scheduling dashboard makes it easy to direct your workforce to the jobs you need to be done, based on their skill sets, their locations, their availability, and (of course) their weekly time worked – so you can avoid unnecessary overtime payments and reduce reimbursable travel expenses.
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