Louisiana employment law overview

Published: May 16, 2012 | Updated: July 31, 2023 | by Brightmine Editorial Team

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 both federal and state law.

An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements.

EEO, diversity and employee relations

Key Louisiana requirements impacting EEO, diversity and employee relations are:

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:

• Age (40 or over).
• Disability.
• Race.
• Color.
• National origin.
• Religion.
• Sex.
• Sickle cell trait.
• 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.

Access to personnel files

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

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Recruiting and hiring

Key Louisiana requirements impacting recruiting and hiring are:

Criminal checks

In Louisiana, an employer generally may not disqualify an individual or hold an individual ineligible to engage in a trade, occupation or profession for which a state-issued license, permit or certificate is required solely because of a prior criminal record, unless:

• The individual has been convicted of a felony; and
• The conviction directly relates to the position of employment sought or the specific occupation, trade or profession for which the license, permit or certificate is sought.

Drug 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. 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.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Ban the box

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.
• 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.

Wage and hour

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.
• 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).
• 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.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Pay and benefits

Key Louisiana requirements impacting pay and benefits are:

Pay frequency

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.

Wage deductions

An employer may make deductions for:

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

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.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Time off and leaves of absence

Louisiana has several laws relating to required time off and leaves of absence for employees. These laws include:

• Pregnancy leave (covering employers with 26 or more employees).
• Military leave.
• Veterans’ medical appointment leave (covering employers with 20 or more employees).
• School and day care conference and activities leave.
• Emergency responder leave.
• Jury duty leave.
• Bone marrow donation leave (covering employers with 20 or more employees).
• Leave for genetic testing and cancer screening (covering employers with 20 or more employees).

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Health and safety

Key Louisiana requirements impacting health and safety are:

Smoke-free workplace

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

Safe driving practices

Louisiana prohibits texting while driving.

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.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Organizational exit

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.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.