Employment and labor laws in Louisiana [Updated 2023]

Breaks and rest periods in Louisiana

In Louisiana, mandated break periods vary depending on who you are employing. Minor employees (those under 18 years of age) are required to have a 30-minute break period after working for five hours. Otherwise, there are no mandatory meal breaks or other break periods for adult employees during the workday. Should an employer decide to give breaks as part of their company policy, they must pay employees for breaks of 20 minutes or less. If the employer provides a meal period, they don’t need to pay their employees for that time, as long as employees are free to do what they want.

Leaves of absence in Louisiana

Employees may need to take time off to care for loved ones, navigate illness, or deal with other personal matters. Here are the types of leave required by Louisiana law:

• Pregnancy leave. For employers who have 25+ employees in Louisiana, they must allow their employees to take up to 6 weeks for pregnancy and childbirth for normal pregnancies without complications.
• Medical and family leave. Per the federal Family and Medical Leave Act (FMLA), employees get 12 weeks of unpaid absence to care for a sick family member or deal with their own medical conditions. Employees must have worked for their employer for at least a year to be eligible.
• Jury duty leave. Employees can be paid for up to a day of work for the time they spend on jury duty, and they cannot be penalized by taking away time from any vacation or sick leave.
• Emergency response leave is permitted if an employee needs to respond to an emergency as a first responder. This includes firefighters, law enforcement, and medical personnel.
• Bone marrow leave. Employers who have 20+ employees are required to allow 40 hours of paid leave for employees to donate bone marrow.
• Pregnancy disability leave. See more below.
• Military leave. Under federal law and Louisiana’s Military Service Relief Act, employees are entitled to return to their jobs within one year, and the employer cannot discharge them during that time without just cause. During their military leave, the employee is entitled to collect vacation accrual and other benefits normally afforded by the employer.

Louisiana law does not require:

• Vacation leave (paid or unpaid)
• Holiday leave
• Voting leave
• Bereavement leave
• Sick leave. See more below.

Note that, while employers aren’t required to offer these types of leave, they may choose to do so under their own workplace policy.

Pregnancy disability leave in Louisiana

If pregnancies result in complications or disability, then employers must grant an additional pregnancy disability leave of up to four months.

Paid sick leave in Louisiana

Louisiana employment law does not compel employers to provide sick leave, whether it’s paid or unpaid leave. However, if an employer permits sick leave and lays out such a policy in their employee handbook, then the employee must adhere to those rules. 

Whether you’re operating in Louisiana or elsewhere, Rippling lets you customize and automate your leave policy. Plus, you have full visibility into how employees are utilizing their leave.

Workplace safety in Louisiana

Unlike 28 other states, Louisiana does not have its own occupational health and safety program, known as a "state plan.” Therefore, Louisiana workplace safety laws fall under those laid out at a federal level under the Occupational Safety and Health Administration (OSHA). OSHA’s Baton Rouge office oversees Louisiana workers and employers. 

Per OSHA regulations, employers are required to provide employees with a safe workplace free of known hazards. Some requirements include, but are not limited to:

• Informing workers about any workplace hazards (This can be done through training and color-coded systems and must be in a language that employees understand.)
• Prominently posting an “OSHA Job Safety and Health Protection: It's the Law” poster, which is available for free on OSHA’s website
• Keeping records of any workplace illnesses or injuries, and informing OSHA of any workplace fatalities, hospitalizations, amputations, or losses of eyes 
• Not retaliating against any workers for reporting workplace illnesses or injuries, or otherwise complying with OSHA standards
• Providing any necessary protective equipment free of charge to their workers

Note that the OSHA Act doesn’t cover self-employed workers (contractors), direct family members of farm workers, or any workplace hazards that are regulated by other federal agencies (such as the Department of Energy).

In Louisiana, employers must carry workers’ compensation insurance, which covers mental and physical injuries from workplace accidents and occupational diseases. Most Louisiana workers are covered from day one of employment, including full-time, part-time, seasonal, or minor workers. Some independent contractors may even be considered employees for the purposes of workers’ comp, though domestic employees, real estate brokers, certain nonprofit employees, public officials, and volunteer workers are typically not entitled to these benefits. 

Rippling’s PEO can provide you with a pay-as-you-go worker’s comp plan. No upfront payment is required for the whole year, allowing you to scale your business seamlessly in Louisiana and elsewhere in the US. 

Discrimination and harassment laws in Louisiana

Louisiana offers specific protections against employment discrimination and harassment in the workplace. Under Louisiana state legislature, employers are not allowed to discriminate on the basis of:

• Race
• Sex
• Age (for those aged 40+)
• Color
• Religion
• National origin
• Natural, cultural, or protective hairstyle (which is protected under the Louisiana Crown Act)
• Disability (or perceived disability)
• Military status (for veterans who must take time away to receive benefits or attend medical appointments)
• Pregnancy (for employers with 25+ employees in Louisiana)
• Genetic information
• Sexual orientation
• Political views or political affiliations

Discrimination isn’t allowed during the hiring process, while managing an employee, or while determining their pay rate. What’s more, discrimination laws mandate that employees of different sexes must be paid equally for equal work.

Louisiana does not mandate sexual harassment training. See more about which states do, including specific requirements.

If you have employees in multiple states, Rippling’s Learning Management System includes core sexual harassment training courses to ensure each employee meets their state’s requirements. Remember: Employers aren’t just responsible for their own discrimination and harassment. They may be liable for the actions of their employees, and violations may result in penalties, fines, and even legal action.

Unions in Louisiana

A labor union is a collective of employees who advocate for equitable working conditions, which may include improved wages, increased time off, and better employee benefits. According to the federal National Labor Relations Act (NLRA), employees are entitled to:

• Unionize or join a union for the purpose of negotiating with their employer
• Talk to colleagues regarding their employment specifics
• Engage in collective bargaining by nominating employee representatives to establish contractual work terms
• Initiate actions to enhance workplace conditions, including lodging complaints with their employer, the government, or seeking assistance from a union
• Participate in strikes and pickets, depending on the reasoning 
• Opt out of a union

According to the NLRA, unions cannot coerce employees with threats of job loss or take punitive measures against them for not endorsing the union. Similarly, employers are prohibited from impeding, discouraging, bribing, terminating, demoting, or making threats against employees who join or express interest in joining a union.

In 2023, 4.3% of the Louisiana workforce was unionized for a total of 76,000 union members statewide, according to the Bureau of Labor Statistics. This is below the United States average. 

FAQs about Louisiana labor and employment laws

Are independent contractors covered under Louisiana employment laws?

Generally speaking, employment laws in Louisiana and the laws of the Fair Labor Standards Act do not extend to self-employed contractors. However, you need to classify your workers correctly, meaning that the distinction between a full-time employee and a contractor is crucial. 

Need help with classification? Our analyzer tool can check if you’re classifying workers correctly and complying with regulations.

Does at-will employment exist in Louisiana?

Yes, at-will employment is allowed in Louisiana. This means that employers have the ability to dismiss an employee at any time as long as their reason for termination doesn’t violate employment laws and isn’t discriminatory. Employees are also allowed to quit at any time, with or without cause, and with or without notice. Some limitations to that exist, for example, if a contract is for a stated period of time or if the employee is a union member.

What privacy rights do employees have in Louisiana?

There is an expectation of privacy in Louisiana under the 4th Amendment, Griswold V. Connecticut, and the Louisiana Constitution. However, employers are allowed to monitor employees in the workplace or when using the organization’s tools. For example, employees are generally allowed to read workers’ email messages if they have a valid business purpose, and employers are allowed to use keylogger software. Employers should notify their workers if calls will be monitored, and only work-related calls should be monitored.

Employees’ social media and personal email accounts are protected under Louisiana’s Personal Online Account Privacy Protection Act. Employers are not allowed to request usernames, passwords, or authentication information for such personal accounts. 

Are background checks legal in Louisiana?

Yes, background checks are legal in Louisiana. In fact, certain occupations require background checks, including:

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

Background checks should follow federal guidelines under the Fair Credit Reporting Act (FCRA). The FCRA requires employers to disclose when background checks may be used and that the results could impact employment decisions. Additionally, you must get consent from an applicant before running a background check and all information collected must be made available to applicants upon their request. 

Are whistleblowers protected in Louisiana?

Yes, there are whistleblower laws in Louisiana protecting both public and private-sector employees. “Whistleblowing” is when an employee reports information that something illegal, illicit, immoral, fraudulent, or unsafe has taken place in a public or private organization.

Public employees who are fired or suspended for whistleblowing must be reinstated and compensated for their time when they were not working. Those who terminate or suspend whistleblowers may be fined up to $10,000 and either removed or suspended from their jobs. 

Is workers’ compensation coverage required in Louisiana?

Yes. In Louisiana, employers must carry workers’ compensation insurance, which covers mental and physical injuries from workplace accidents and occupational diseases. 

Are there required healthcare benefits in Louisiana?

In Louisiana, “large” employers with 50 or more full-time employees must provide healthcare benefits to their eligible workers.

Qualified employees who lose their jobs or have reduced hours can continue their healthcare coverage under COBRA. Qualified individuals and their dependents can continue coverage under COBRA for up to 18 months. While COBRA is a federal program, Louisiana also has a state continuation program called Louisiana Continuation Coverage, which provides additional protections.

Are Louisiana employers required to provide bereavement leave?

No, Louisiana employers are not required to provide bereavement leave. However, employers can choose to include bereavement leave as part of their company policy.

What employee protections are available in Louisiana if layoffs occur?

Under the Worker Adjustment and Retraining Notification (WARN), employers with 100+ employees must give 60 days’ notice before mass layoffs, delivering the notice to either the workers or their labor union representatives.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.