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Frequently Asked Questions about Louisiana Labor Laws

1. Are there any legal restrictions against firing, suspending or disciplining employees?

   Louisiana is known as an employment-at-will state. Generally, this means that an employer may legally hire, fire, suspend or discipline any employee at any time and for any reason - good or bad - or for no reason at all. However, an employer may not discriminate against any employee on the basis of the employee's race, sex, age, religion, color, national origin, or disability. Louisiana law also prohibits discrimination on the basis of pregnancy or childbirth, sickle cell trait, handicap, and smoking.

   Also, under the Louisiana whistle blower's law, the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. This law may be found at Louisiana Revised Statutes (R.S.) (23:967).

   There are other exceptions to Louisiana's employment-at-will doctrine. Louisiana employees may not be disciplined or discharged at-will for:

   • Being called to military service
   • Political opinions or voting
   • Exercising right of association
   • Wage garnishment
   • Filing workers' compensation claim
   • Being called to jury duty
     (Employer must also pay the employee one day's wages during the jury service.)

   Employees who are fired may still apply for unemployment insurance benefits. The Louisiana Workforce Commission's Office of Unemployment Insurance Administration will determine eligibility. Further information may be found under the Unemployment Insurance section of this Web site.

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2. What if I have a complaint about unfair labor practices?

   Americans with Disabilities Act - ADA

   Applicants for employment or employees having disabilities may be protected against employment discrimination by the Americans with Disabilities Act, or ADA. Those needing information about ADA may visit the Job Accommodation Network (JAN) Web site.

   Family and Medical Leave Act - FMLA

   Under the Family and Medical Leave Act, or FMLA, employers having 50 or more employees must grant medical leave to some employees in certain circumstances without the threat of the loss of their job. Questions concerning the enforcement of FMLA matters should be directed to the FMLA section of the United States Department of Labor's Web site.

   National Labor Relations Board - NLRB

   Questions concerning unfair labor practices where a union is involved should be directed to the National Labor Relations Board (NLRB) at their Web site.

   Failure to Give Breaks

   Neither state nor federal law requires that employees 18 years or older be given any break (including lunch). The failure to give a break is, therefore, not a violation of law.

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3. How do I file a claim for discriminatory practices?

   Discrimination

   Discrimination against employees is illegal under both Federal and State law. Employers may not discriminate against an employee on the basis of the employee's race, sex, age, religion, color, national origin or disability. Claims of discrimination in Louisiana should be forwarded either to the Louisiana Commission on Human Rights (LCHR) in Baton Rouge, Louisiana at (225) 342-6969, or to the Equal Employment Opportunity Commission (EEOC) in New Orleans, Louisiana. You may visit the LCHR Web site and the EEOC Web site.

   Pregnancy Discrimination

   Louisiana also has a specific pregnancy discrimination law (R.S. 23:342) that prohibits an employer having 25 or more employees from discriminating against a pregnant employee. These complaints should be forwarded to LCHR or EEOC.

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4. What is the law concerning payment of wages to employees?

   Final Paycheck

   Louisiana employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 15 days from the date of their discharge or termination. Wages include vacation time earned by the employee. An employee should send a written demand for payment of their final wages to their employer. After receipt of a written demand, the employer must pay all wages owed to the employee on a timely basis or be subject to a penalty that may be imposed by a court. Claims against an employer for late payment may be filed by way of a private lawsuit. The Louisiana Workforce Commission does not have the authority to enforce this law. You may review this law at (R.S. 23:631) - (R.S. 23:632).

   Last Wages Due Deceased Employee

   Under certain circumstances, Louisiana law (R.S. 9:1515) allows employers to pay to the surviving spouse or children of a deceased employee the last wages and other benefits due the deceased employee without a court order.

   Late Payroll

   Louisiana law requires that most employees of the following four industries be paid wages on a timely basis: oil and gas, mining, manufacturers, and public service corporations. There is no Louisiana law, however, concerning the timeliness of payment to employees of other industries. Accordingly, there would be no state sanction imposed against those employers for missing a regularly scheduled payroll date and in paying their employees late.

   Questions Concerning Overtime, Minimum Wage, or Salaried Employees

   Louisiana has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. The United States Department of Labor's (USDOL) Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees. Further information concerning these matters may be found at the WH division of the USDOL Web site.

   Unauthorized Deductions from Paycheck

   Under Louisiana law (R.S. 23:635), an employer is prohibited from penalizing an employee or deducting any sum of money as a penalty or fine from the employee's wages, except where the employee damages property belonging to the employer or property in the possession of the employer. The deduction, though, cannot exceed the actual damage done.

   Questions Concerning a Pension or 401(k) plan

   Questions concerning an employee's failure to be able to collect their pension or money from a 401(k) plan should be directed to the EBSA section of the USDOL Web site.

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5. Does LWC enforce state labor laws?

   The Louisiana Workforce Commission, Office of Unemployment Insurance Administration, has jurisdiction to enforce the following State Labor Laws:

   • Child Labor Laws
   • Private Employment Services Law
   • Registered Apprenticeship Laws
   • Prohibited Payments for Medical Exam Law

   Questions that arise in each of the above areas should be directed to the Labor Programs Division. All other questions should be directed to the proper agency (see previous sections) or to an attorney or a labor, employment, or human resources consultant.

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6. Does Louisiana require labor laws to be posted?

   Yes. See Required Posters in the Employer Handbook (PDF).

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7. Does LWC provide advice on garnishments, tax levies, or other similar withholdings from pay?

   LWC does not have the authority to provide assistance or advice in this area. Louisiana law concerning general exemptions from seizure may be found at (R.S. 13:3881).

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8. Will LWC provide me with legal representation or advice?

   The LWC Legal Division provides legal services to LWC and its offices and employees only. The Legal Division does not offer legal representation, legal opinions or legal advice to the general public. It is recommended that individuals seeking personal counsel request the assistance of a private attorney or Legal Services Corporation.

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9. Have additional questions about Louisiana labor laws?

   Email us at Answer My Question. For a faster response please include your phone number with your questions.

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This page was last updated on June 29, 2008.