The ELA is proud to welcome our newest member firms: Osborn Maledon in Arizona, Miles & Stockbridge in Maryland, Chapman Tripp in New Zealand and Woods Rogers in Virginia!
The ELA is proud to welcome our newest member firms: Osborn Maledon in Arizona, Miles & Stockbridge in Maryland, Chapman Tripp in New Zealand and Woods Rogers in Virginia!

Global Employer Handbook®

The Global Employer Handbook is a comprehensive resource for labor and employment law in over 100 countries, including 170+ jurisdictions around the globe. Filter the employment law information by using the drop-down menus. Submit your search to discover the labor law information you requested.

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Louisiana

Introduction

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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Hiring

A.    Basics of Entering an Employment Relationship

At Will vs. Just Cause

  • Louisiana is an employment at-will state. La. Civil Code art. 2747. Accordingly, absent a contract for a definite term or the successful assertion of a common law or statutory claim, Louisiana employers remain free to terminate their employees for any ...

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Compensation

A. Minimum Wage

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.

B. Minimum Age

In Louisiana, a "minor" ...

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Time Off/Leaves of Absence

A. Paid Vacation

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 ...

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Discrimination and Harassment

A. Wrongful Termination and Discrimination Claims

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:

...

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Termination/Dismissal Issues

A. Justification for Dismissal

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.

B. Severance Pay

Louisiana employers are not required to provide severance pay for employees who are laid off, absent an agreement to the contrary.

...

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Layoffs/Work Force Reductions/Redundancies/Collective Dismissals

A. Advanced Notice

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.

B. Severance Pay

Louisiana employers are not required to provide severance pay for employees who are laid off, absent ...

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Unfair Competition/Covenants Not to Compete

A. Trade Secrets

Louisiana has adopted the Uniform Trade Secrets Act. La. Rev. Stat. §§ 51:1431-1439.

B. Covenants Not to Compete

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 ...

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Personnel Administration

A. Required Postings

In addition to the various postings required by federal law, Louisiana requires employers to prominently post the following notices:

  • Age Discrimination Notice, La. Rev. Stat. §§ 23:311, 312,314;
  • Equal Opportunity for All, La. Rev. Stat. § 23:314;
  • Pregnancy Discrimination Notice, La. ...

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Privacy

Louisiana protects against unreasonable invasions of privacy in the Louisiana Constitution; however, its protections have been extended only to public employees.

A. Drug Testing

Louisiana law provides guidelines regarding the drug testing of employees in the workplace. La. Rev. Stat. §§ 49:1001, et seq. The statutory scheme adopts ...

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Employee Injuries and Workers Compensation

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, ...

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Unemployment Compensation

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 ...

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Health and Safety

A. Health and Safety

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. ...

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Trade Unions – Industrial Relations

A. Health and Safety

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. ...

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Immigration/Labor Migration

A.  Overview Business Immigration Policy

  • Protocol for business visitors to obtain temporary entry for non-employment purposes
  • Visa options for the temporary employment of professional/management foreign nationals
  • Visa options for the temporary employment of non-professional employees
  • Visa options for foreign entrepreneurs ...

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Additional Information

Contact Information:

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 ...

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