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In addition to federal labor and employment laws and regulations, employers in Louisiana must comply with the state’s laws governing the relationship between employer and employee, including discrimination laws and other more general employer obligations. Louisiana is a fairly employer friendly state; however, there are a number of state laws ...
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At Will vs. Just Cause
Louisiana has no minimum wage law. Accordingly, federal minimum wage law governs. In fact, local governmental units are specifically forbidden in Louisiana from enacting laws requiring employers to pay a higher minimum wage than federal law requires. La. Rev. Stat. § 23:642.
In Louisiana, a "minor" ...
Louisiana law does not require employers to provide paid vacation to their employees. However, if paid vacation is provided, any accrued and unused vacation leave under the employer's vacation policy is considered earned "wages" due within 15 days of the employee's termination/resignation or by the next regular ...
Louisiana is an at-will state. Thus, absent a contract for a definite term, an employee can be terminated for any reason or for no reason at all, absent an unlawful purpose. Nonetheless, Louisiana prohibits the termination of, or otherwise taking of adverse action against, an employee under many circumstances:
Louisiana is an at-will employment state and does not require advance notice of dismissal. Exceptions to the at-will doctrine are discussed in Subsection I.A.
Louisiana employers are not required to provide severance pay for employees who are laid off, absent an agreement to the contrary.
Louisiana does not require advance notice of layoffs or reductions in force. Accordingly, federal law (i.e. Worker Adjustment and Retraining Notification Act ("WARN Act")) governs this issue.
Louisiana employers are not required to provide severance pay for employees who are laid off, absent ...
Louisiana has adopted the Uniform Trade Secrets Act. La. Rev. Stat. §§ 51:1431-1439.
Although disfavored by Louisiana courts, covenants not to compete are enforceable when several specifically enumerated conditions are met. La. Rev. Stat. § 23:921. For instance, some Louisiana ...
In addition to the various postings required by federal law, Louisiana requires employers to prominently post the following notices:
Louisiana protects against unreasonable invasions of privacy in the Louisiana Constitution; however, its protections have been extended only to public employees.
Louisiana law provides guidelines regarding the drug testing of employees in the workplace. La. Rev. Stat. §§ 49:1001, et seq. The statutory scheme adopts ...
Louisiana's Workers’ Compensation Law is contained in La. Rev. Stat §§ 23:1020.1–1415, and provides that "[i]f an employee not otherwise eliminated from the benefits of this Chapter receives personal injury by accident arising out of and in the course of his employment, his employer shall pay compensation in the amounts, ...
Louisiana's Employment Security Law, or unemployment compensation statute, is contained in La. Rev. Stat. §§ 23:1471-1769, and mandates that there be a "setting aside of unemployment reserves to be used for the benefit of unemployed persons." La. Rev. Stat. § 23:1471. See also La. Rev. Stat. § 23:1491 (regarding unemployment ...
Louisiana law requires every employer to furnish a "reasonably safe" environment including safety devices and safeguards, methods and processes reasonably adequate, and to do anything reasonably necessary to protect the life, health, safety, and welfare of employees. La. Rev. Stat. § 23:13. ...
For further information regarding labor and employment law in Louisiana, please contact:
Baker Donelson Bearman Caldwell & Berkowitz, PC
Phyllis Cancienne 450 Laurel Street, 21st Floor, Baton Rouge, LA 70801
T: (225) 381-7008
F: (225) 382-0236
pcancienne@bakerdonelson.com
and
Elizabeth ...