Louisiana Labor Laws Guide

Wage laws in Louisiana

The State of Louisiana has no specific state laws regarding wages. Therefore, it relies on federal laws, as stated by the United States Department of Labor.

The precise numbers for the regular minimum wage, tipped minimum wage, and subminimum wage in Louisiana are presented in the table below.

Minimum wage in Louisiana

Since Louisiana doesn’t have specific wage laws, it uses the federal minimum wage, which amounts to $7.25 per hour.

Tipped minimum wage in Louisiana

Employees earning more than $30 in tips per month are considered tipped employees.

Tipped employees in Louisiana are entitled to the federal tipped minimum wage — $2.13 per hour.

However, the employer must make up the difference if the employee doesn’t make the federal minimum wage of $7.25 per hour (regular hourly wage of $2.13 combined with tips).

Subminimum wage in Louisiana

The Fair Labor Standards Act (FLSA) allows employers to pay a lower subminimum wage to certain types of employees, such as:

• Student-learners,
• Full-time students who work in retail, agriculture, and service establishments, and
• People with impaired productive capacity — i.e., people who are physically and mentally disabled.

The minimum wage for youth employees under 20 years of age amounts to $4.25 per hour for the first 90 days of employment.

When it comes to full-time students, they’re eligible to receive 85% of the federal minimum wage, which amounts to $6.16 per hour.

Exemptions to the minimum wage in Louisiana

The State of Louisiana abides by federal law regarding exemptions from the minimum wage regulations. Some of these exemptions include the following types of employees:

• Farmworkers and seasonal workers,
• Newspaper delivery employees, 
• Seamen, 
• Executive, administrative, and professional employees who earn at least $884 per week,
• Outside salespeople,
• Computer employees, and
• Babysitters and elderly companions.

Louisiana payment laws

According to Louisiana law, employers must pay employees at least twice a month if their business operates in the following industries:

• Oil and gas,
• Public service corporations, and
• Mining and manufacturing.

In addition, if the employer hasn't chosen a specific payment date, they’ll be set to the 1st and the 16th of each month by default.

Other industries don’t have specific laws for pay periods. However, employees in the US usually receive their wages at the following pay frequencies:

• Weekly, 
• Bi-weekly, 
• Semi-monthly, or
• Monthly.

🎓 Guide to Pay Periods: How Many Pay Periods in a Year & How to Choose the Best One

Louisiana overtime laws

According to federal law, employees who work more than 40 hours per week are entitled to an overtime pay rate, which equals 1.5 times their regular rate of pay.

As the State of Louisiana has no specific state laws regarding overtime, it follows the standards set by the FLSA.

This law strictly refers to non-exempt employees, as this rule has several exemptions.

🎓 Track Louisiana Overtime with Clockify

Overtime exemptions in Louisiana

Overtime laws are designed to protect employees from exploitation by their employers.

However, certain groups and professions are less likely to be exploited and are therefore exempt from overtime protection.

According to the FLSA, the abovementioned minimum wage exemptions also apply to overtime regulations and include the following:

• Executive, administrative, and professional employees who make a minimum of $884 per week,
• Outside sales employees,
• Computer employees who earn at least $27.63 per hour,
• Farmworkers, 
• Babysitters and elderly companions, and 
• Highly compensated employees who make more than $132,964 per year.

The US Department of Labor announced a final rule regarding the standard salary threshold for executive, administrative, and professional employees. 

Starting January 1, 2025, the standard salary threshold will increase from $884 to $1,128 per week. It will further increase on January 1, 2027, and every 3 years after that to adjust for inflation.

Moreover, the yearly salary threshold for highly compensated employees will increase from $132,964 to $151,164 per year starting January 1, 2025.

Louisiana break laws

Like many states that adhere to federal laws, Louisiana also falls under the category of states with no specific regulations or laws regarding breaks for adult employees.

Employers in the state of Louisiana aren’t obligated to provide breaks during an 8-hour shift for adult employees. 

However, if an employer decides to give breaks to employees, they must follow the federal rules regarding breaks and meal periods:

• Short breaks — lasting up to 20 minutes are considered work time and must be compensated, and
• Long meal breaks — lasting at least 30 minutes aren’t considered work time and aren't compensable.

Also, if the type of work requires an employee to work through a meal break (e.g., a security officer), the break period must be compensated.

Exceptions to break laws in Louisiana

The only exception to break laws in Louisiana are minors under 16 years of age.

Regarding this group of minors, Louisiana law requires employers to provide a meal break that lasts at least 30 minutes after 5 hours of consecutive work.

Louisiana breastfeeding laws

Under Louisiana law, mothers can breastfeed at any workplace, and it’s not a violation of any kind. 

Moreover, under the federal PUMP Act, employers must provide nursing employees with a reasonable break period to pump milk and a private room that’s:

• Not used as a bathroom,
• Shielded from view, and
• Free from intrusion.

Nursing employees are entitled to these benefits for up to 1 year after the birth of a child.

Louisiana leave requirements

Employers in the US aren't obliged to pay their employees for any time that an employee hasn’t spent working.

However, there are many cases where employers have to provide a justified paid leave to employees.

Regardless of whether they’re paid or unpaid, there are two types of leave requirements in Louisiana:

• Required leave, and 
• Non-required leave.

Let’s look at both types of leaves in the table below:

Child labor laws in Louisiana

Federal law states students can’t work more than 20 hours during a school week. If, on the other hand, the school is out due to vacations or holidays, a student employee can work the standard 40 hours a week.

Likewise, child labor laws in Louisiana protect minors from any:

• Physical,
• Moral, or
• Emotional hazards.

According to the Louisiana Workforce Commission, no minor under the age of 18 can be employed until the city or parish superintendent of schools has issued a permit regarding employment — i.e., an employment certificate.

Furthermore, no minors under the age of 14 are allowed to work in the state of Louisiana.

Work time restrictions for minors in Louisiana

When it comes to minors aged 14 and 15, the state of Louisiana has a concrete timetable regarding their work time restrictions:

• Maximum of 3 work hours on a school day, and a maximum of 18 work hours in a school week,
• Maximum of 8 work hours on a non-school day, and a maximum of 40 work hours in a non-school week, and
• No work before 7:00 a.m. or after 7:00 p.m., except between June 1 through Labor Day, when evening hours can be extended up until 9:00 p.m.

Minors aged 16 and 17 have no particular restrictions regarding work hours, but they must receive an 8-hour rest period between each workday.

However, minors 16 years of age aren’t allowed to work between 11:00 p.m. and 5:00 a.m. on a school day. For 17-year-olds, the limit has been moved from 12:00 a.m. to 5:00 a.m.

Breaks for minors in Louisiana

All minors employed in Louisiana are entitled to a 30-minute lunch break after working for 5 consecutive hours.

This time will be excluded as a part of the working hours.

Prohibited occupations for minors in Louisiana

According to the Louisiana Workforce Commission, no employee under the age of 18 shall be employed or permitted to work in the following conditions and occupations:

• Maintaining, cleaning, and oiling machinery, as well as applying belts to pulleys,
• Manual work involving mining and quarry operations,
• Manufacturing facilities that handle explosive elements,
• Handling woodworking equipment, such as circular saws or table saws, and
• Cutting or polishing stone,
• Working in an iron or steel manufacturing facility or any other facility where heat treatment is used for metal, 
• Logging procedures,
• Driving motor vehicles on state roads, with exceptions for 17 and 18-year-olds with special permits,
• Operating freight elevators or hoisting machines,
• Spray painting occupations that involve exposure to lead or other poisonous compounds, and
• Working with alcoholic beverages.

The Director of Workforce Development can further expand this list if certain occupations are determined to be hazardous to minors.

Penalties for employing minors in Louisiana

Employers could receive penalties or jail time in the case of:

• Not following the criteria mentioned above when employing a minor,
• Not allowing state officials or members of the Workforce Development to enter the premises where minors work, and
• Coercing minor employees to flee the premises in the case of a visit from a state official.

If they violate any of the said provisions, employers can face a penalty of no less than $100 or more than $500.

If a more severe offense has occurred concerning the rights of minor employees, the employer can face no less than 30 days and no more than 6 months of jail time.

Finally, the employer can also be liable for civil penalties that can’t exceed more than $500 for each specific offense.

🎓 Employment of Minors Informational Booklet

Hiring laws in Louisiana

When it comes to hiring new employees, the state of Louisiana has specific laws and practices that are generally considered to be unlawful.

In essence, Louisiana state hiring laws can be divided into 2 categories — discrimination laws and general employer obligations.

Discrimination hiring laws in Louisiana

Discrimination hiring laws cover a variety of areas, with the most prominent being laws that go against:

• Refusing to hire an individual based on age — older than 40 years according to The Age Discrimination in Employment Act of 1967,
• Refusing to hire an individual based on race, religion, sex, sexual orientation, physical or mental disability, pregnancy, genetic information, etc.,
• Keeping or disclosing information regarding employee disability,
• Discriminating against people with a handicap or perceived handicaps, and
• Refrain from hiring an individual based on their political perspective and affiliation.

General employer obligations in Louisiana

When it comes to employer obligations, there are specific policies that employers are obligated to follow and abide by in the hiring process, as well as general employment laws that aren’t covered by discrimination policies.

Such laws include the obligation to:

• Post notices regarding labor laws that the Louisiana Workforce Commission designates in a highly visible area inside the working premises,
• Provide coverage of employee group health if the institution in question has less than 20 employees, according to the Louisiana Group Health Insurance Continuation Act,
• Provide health coverage for surviving spouses who are 50 years old or older, and
• Cover the charges of medical examinations, fingerprinting, or other medical tests considered a condition for employment.

🎓 Louisiana Required posters for employers

“Right to work” law in Louisiana

The “right to work” states in the US are states where employees are free to associate (or not associate) themselves with labor organizations and unions without any fear of retaliation, fear, reprisal, or penalties from the government or their employers.

For example, no organization or employer is allowed to:

• In any way, force an employee to remain or become a member of the union,
• Manufacture contracts with one another to influence employee memberships,
• Deny employment to any agricultural laborers due to their affiliation with labor unions, and
• Force employees to break any provisions of the Right to Work Laws.

If the employer or the employing organization breaks any of the provisions, they’re considered guilty of a misdemeanor and subject to penalties up to $1,000 or imprisonment of up to 90 days.

Termination laws in Louisiana

Like many US states, Louisiana practices the at-will employment doctrine, which outlines that both the employer and the employee can terminate the employment contract at any time and for no specific reason as long as it’s not discrimination-based.

However, the employer can’t terminate the employment contract in the following cases:

• If the employee's time at the company is specified in the contract, and
• If the employee is a union member with a collective-bargaining agreement.

Federal and Louisiana state laws also have specific exceptions to employment at-will, which are closely related to retaliation, in which case the employee can’t be fired.

Such exceptions may arise from:

• Affiliating the employee with a union and participation in union activities,
• Filing claims for compensation,
• Filing claims regarding environmental violations,
• Filing OSHA complaints,
• Taking time off for jury duty, and
• Exercising statutory rights.

Final paycheck in Louisiana

Louisiana laws state that the employer must pay the final paycheck in full, except for deductions for the equipment the employee keeps after the termination of employment.

Regarding the date, the employers are obligated to pay the final wages by the next scheduled payday or within 15 days after the termination of employment, regardless of how the employee was let go — termination, resignation, or due to a labor dispute.

Health insurance continuation in Louisiana (COBRA)

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) states that workers have the right to continue their group health benefits in the case of both voluntary and involuntary job loss for the next 18 to 36 months.

However, this law applies to businesses that employ at least 20 workers — which is why many states, including Louisiana, have incorporated mini-COBRAs.

When it comes to businesses with less than 20 employees, the Mini-COBRA law covers health costs for their employees.

There are exceptions to the rule regarding employees who aren’t eligible to continue their health plans. Such cases include:

• Employees whose health plans can be covered by a different organization, business, or health center,
• Employees who were let go due to fraud, and
• Employees that paid no contribution for the insurance.

To become eligible for mini-COBRA health plans, an employee must work for at least 3 months before the termination of the contract.

Occupational safety in Louisiana

All US states institute the Occupational Safety and Health Act of 1970, which is administered by OSHA — the Occupational Safety and Health Administration. OSHA ensures that all workers operate and work at hazard-free facilities and conditions. Also, it prevents any work-related injuries due to poor health standards.

Some states even have federal laws that work hand-in-hand with the state laws, but that isn’t the case with Louisiana, which solely complies with federal standards.

According to OSHA, there are six types of hazards in the workplace:

• Biological,
• Chemical,
• Work organization,
• Safety,
• Physical, and
• Ergonomic.

🎓 Safety and Health Standards: Occupational Safety and Health

Miscellaneous Louisiana labor laws

Since some labor laws don't belong to any of the subcategories mentioned above, we placed them in the miscellaneous section.

Some of these laws are:

• Whistleblower laws,
• Recordkeeping laws,
• Background check laws, and
• Social media laws.

Louisiana whistleblower laws

Under the Louisiana whistleblower law, employers aren’t allowed to retaliate against employees who:

• Disclose a workplace act that’s in violation of the state law,
• Provide information or testify to the governing body for an act that violates the law, and
• Refuse to participate in a wrongful act.

Moreover, public employees who are wrongfully terminated or suspended shall be reinstated and compensated for the lack of payment they were entitled to. This also refers to public employees contracted by the government and government agencies.

In case of violating these provisions, individuals can be:

• Removed from their position,
• Suspended, and
• Fined up to $10,000 in penalties.

Recordkeeping laws

Under Louisiana recordkeeping law, employers must keep certain employee information for at least 1 year. These records include:

• Full name,
• Address,
• Employee occupation,
• Daily and weekly work hours, and
• Wages for each pay period.

Background check laws

Regarding background information, employers should follow the guidelines outlined in the Fair Credit Reporting Act that protects employees' information from being used by credit bureaus, medical information companies, and tenant screening services.

Secondly, performing background checks isn’t obligatory, with exceptions for certain types of employees, including:

• Insurance business personnel,
• In-home childcare providers,
• Non-licensed nurses,
• Supportive assistance workers, and
• Ambulance personnel.

Social media laws

An employer can’t request personal information from employees regarding their social media accounts, such as:

• Usernames,
• Passwords, and
• Authentication information.

Moreover, employers aren’t allowed to penalize employees who refuse to provide the above-listed information, as that would violate the Personal Online Account Privacy Protection Act.

Frequently asked questions about labor laws in Louisiana

To ensure that this guide is as comprehensive as possible, we have included an FAQ section that’ll answer some common questions about labor laws in Louisiana.

What are labor laws in Louisiana?

Louisiana uses both federal and state laws to regulate employment. Some of the most important State of Louisiana employment laws include:

• Fair Labor Standards Act (FLSA),
• Consolidated Omnibus Budget Reconciliation Act (COBRA),
• Fair Credit Reporting Act (FCRA),
• Family and Medical Leave Act (FMLA),
• Louisiana Final Paycheck Law, and
• Louisiana Whistleblower Protection Law.

What are the new employment laws in Louisiana in 2024?

There are a total of 4 new Louisiana laws that will affect employers in 2024. These laws include:

• Act No. 423 — extends the prescribed period for tort actions to 2 years from the day the injury or damage occurred,
• Act No. 603 — changes the requirement that employers must provide all minors (under 18) a 30-minute break if their work shift lasts 5 hours or more and makes the break mandatory only for minors under 16,
• Act No. 541 — forbids employers from demanding employees to enter into a predispute arbitration agreement that contains a provision that requires arbitration for any claims of workplace sexual harassment, and
• Act No. 781 — makes employer nondisclosure agreements involving sexual harassment or hostile workplace environment disputes not enforceable. 

What’s the longest shift you can work without a break in Louisiana?

As breaks aren’t mandatory by law in Louisiana, employees can work as much as they want in a single shift.

Does Louisiana require a termination letter?

No, it does not. However, employers in Louisiana must submit a separation notice (LWC-77) within 72 hours of an employee’s separation.

The separation notice is submitted to the Louisiana Workforce Commission and provides information about the reason for separation and unemployment benefits.

What if you are an employee who has been wrongfully terminated?

In the case of wrongful termination, you can contact a lawyer and have your case submitted to the court. If wrongful termination has been established, you can gain back losses from your last paycheck, lawyer fees, and front and back pay.

In some cases, you can claim compensatory damages for mental pain and anguish resulting from the behavior and consequences that resulted from your termination.

🎓 Filing a Complaint of Discrimination in Louisiana

Need a simple time clock for employees?

Clockify allows you to track time, attendance, and costs with just a few clicks.

Your team can track work time personally via the web or mobile app, or you can set up a time clock kiosk from which employees can clock in and out.

One simple way for employees to track time is by using the Time Tracker, which allows you to track time with a timer or input it manually.

Later, you can approve timesheets and time off, schedule shifts, run time card reports, and export everything for payroll (PDF, Excel, CSV, link, or send to QuickBooks).

See all features

Get started for FREE

Conclusion/Disclaimer

We hope this Louisiana labor law guide has been helpful. Please ensure you've paid attention to the links we've provided, as most of them will lead you to the official government websites and other relevant information.

Please note that this guide was written in August and September 2024, so any changes in the labor laws that were included later than that may not be included in this Louisiana labor laws guide.

We strongly advise you to consult with the appropriate institutions or certified representatives before acting on any legal matters.

Clockify isn’t responsible for any losses or risks incurred should this guide be used without further guidance from legal or tax advisors.