Louisiana Employment Law 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 13, 2026
Last Reviewed: January 13, 2026
Applicable Period: 2026
Jurisdiction: State of Louisiana, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
Introduction
Louisiana employment law establishes the legal framework governing the relationship between employers and employees throughout the state. This comprehensive guide covers both state and federal employment laws applicable to Louisiana workplaces, serving employees seeking to understand their rights and employers working to maintain compliance.
Louisiana follows the federal Fair Labor Standards Act for most wage and hour requirements, as the state does not maintain a separate minimum wage law. Employment discrimination protections are enforced through both federal agencies and the Louisiana Commission on Human Rights, which administers state anti-discrimination laws covering race, color, religion, sex, age, disability, and national origin.
This guide addresses at-will employment principles, wage payment requirements, discrimination protections, reasonable accommodations, employer compliance obligations, and complaint procedures. Information is current as of January 2026 and drawn exclusively from Louisiana statutes, administrative codes, and official government agency publications.
What This Guide Covers:
- Employment law framework and at-will doctrine
- Employee rights including wages, hours, and workplace protections
- State and federal discrimination laws
- Reasonable accommodation requirements
- Employer obligations and compliance requirements
- Complaint filing procedures
- 2026 legislative updates
Primary Sources:
- Louisiana Revised Statutes Title 23 (Louisiana Employment Security Law)
- Louisiana Commission on Human Rights regulations
- Louisiana Workforce Commission guidance
- U.S. Department of Labor regulations
- Equal Employment Opportunity Commission standards
Employment Law Framework in Louisiana
1.1 At-Will Employment Doctrine
Louisiana follows the at-will employment doctrine, which governs most employment relationships in the state unless modified by contract or statute.
Definition and Application
Louisiana does not have a specific statute codifying at-will employment in the same manner as some states. The at-will employment doctrine is recognized through Louisiana jurisprudence and operates as the default rule for employment relationships. Under this doctrine, either the employer or employee may terminate the employment relationship at any time, for any reason not prohibited by law, or for no reason at all, with or without notice.
Source: Louisiana Civil Code and Louisiana jurisprudence Available at: https://legis.la.gov/legis/Laws_Toc.aspx?folder=97&title=23
What At-Will Employment Means for Employees:
- Employment can be terminated at any time without cause (subject to exceptions)
- No guarantee of continued employment
- No requirement for employer to provide a reason for termination
- May resign at any time without penalty (subject to contractual obligations)
What At-Will Employment Means for Employers:
- May terminate employees without cause (subject to exceptions)
- Must comply with all applicable employment laws
- Cannot terminate for discriminatory or retaliatory reasons
- Must honor any employment contracts or collective bargaining agreements
Exceptions to At-Will Employment
Louisiana law recognizes several important exceptions to the at-will employment doctrine:
1. Contractual Exceptions
Employment contracts, whether written or oral, can modify the at-will relationship. Contracts may specify:
- Fixed terms of employment
- Termination procedures
- Grounds for termination
- Notice requirements
Collective bargaining agreements negotiated with labor unions also modify at-will employment and establish specific termination procedures.
2. Statutory Exceptions
Louisiana and federal statutes prohibit termination for certain reasons:
Louisiana Equal Pay for Women Act (Louisiana Revised Statutes 23:661-669): Prohibits discrimination and retaliation based on sex in compensation matters.
Source: Louisiana Revised Statutes § 23:664 Official text: https://legis.la.gov/legis/Law.aspx?d=99675 Last amended: 2017
Louisiana Employment Discrimination Law (Louisiana Revised Statutes 23:332): Prohibits intentional discrimination based on protected characteristics.
Source: Louisiana Revised Statutes § 23:332 Official text: https://legis.la.gov/legis/Law.aspx?d=83879 Last amended: 2025
Federal Protections: Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, and other federal laws prohibit discriminatory termination.
3. Public Policy Exceptions
Louisiana recognizes a public policy exception to at-will employment when termination violates fundamental public policy. Courts have recognized this exception in limited circumstances, such as:
- Termination for refusing to violate the law
- Termination for exercising a statutory right
- Termination for fulfilling a legal obligation (such as jury duty)
4. Implied Contract Exceptions
Employee handbooks, policy manuals, or oral statements may create implied contractual obligations that limit at-will employment. Louisiana courts evaluate whether employer representations create enforceable promises.
1.2 Employment Law vs. Labor Law: Understanding the Distinction
While often used interchangeably, “employment law” and “labor law” have distinct meanings in Louisiana’s legal framework.
Employment Law (Primary Framework)
Employment law encompasses the broad legal framework governing the employer-employee relationship, including:
- Individual employee rights and protections
- Wage and hour requirements
- Discrimination and harassment prohibitions
- Workplace safety standards
- Leave and accommodation requirements
- Termination and unemployment compensation
Source: Louisiana Revised Statutes Title 23 Available at: https://legis.la.gov/legis/Laws_Toc.aspx?folder=97&title=23
Labor Law (Subset of Employment Law)
Labor law specifically addresses collective workplace issues and unionization, including:
- Union organization and representation
- Collective bargaining rights
- Union elections
- Unfair labor practices
- Strike and picketing rights
Labor law in Louisiana is primarily governed by federal law, specifically the National Labor Relations Act (NLRA), administered by the National Labor Relations Board.
Source: National Labor Relations Act, 29 U.S.C. § 151 et seq. Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section151&num=0&edition=prelim NLRB website: https://www.nlrb.gov/
Comparison
Employment law applies to all workers in covered employment relationships, whether unionized or not. Labor law specifically applies to unionized workplaces and union organizing activities. Most Louisiana employees work in non-unionized settings and are covered by employment law without labor law involvement.
When Each Framework Applies:
- Employment Law: All covered employer-employee relationships
- Labor Law: Workplaces with union representation or organizing activity
1.3 Right-to-Work Status
Louisiana is a right-to-work state, prohibiting mandatory union membership or fee payment as a condition of employment.
Louisiana Right to Work Law
According to Louisiana Constitution Article I, Section 17:
“No person shall be denied employment because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor organization; nor shall any individual or corporation or association of any kind enter into any contract, written or oral, to exclude from employment members of a labor organization or persons who refuse to join a labor organization; nor shall any person or corporation or association of any kind enter into any agreement, written or oral, which provides for the dismissal from employment of any person because of resignation from, refusal to join, or failure to maintain membership in a labor organization or which imposes any other penalty on such person for such action.”
Source: Louisiana Constitution Article I, Section 17 Available at: Louisiana State Legislature website Adopted: 1976
Louisiana Revised Statutes Title 23, Chapter 1, Part XIII (§§ 981-987) implements the constitutional right-to-work provision.
Source: Louisiana Revised Statutes § 23:981-987 Available at: https://legis.la.gov/legis/Laws_Toc.aspx?folder=97&title=23
Practical Implications:
- Employees cannot be required to join a union as a condition of employment
- Employees cannot be required to pay union dues or fees
- Employees may choose whether to join or support a union
- Unions must represent all employees in a bargaining unit, regardless of membership
- Employers and unions cannot enter agreements requiring union membership
Employee Rights in Louisiana
2.1 Wage and Hour Rights
Louisiana does not have a state minimum wage law. Employers subject to the Fair Labor Standards Act must comply with federal wage and hour requirements.
Louisiana Minimum Wage 2026
Current Louisiana Minimum Wage (2026): No state minimum wage
Federal Minimum Wage (2026): $7.25 per hour
According to the U.S. Department of Labor:
“Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour.”
Source: Fair Labor Standards Act, 29 U.S.C. § 206 Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim DOL State Minimum Wage Information: https://www.dol.gov/agencies/whd/minimum-wage/state Verified: January 13, 2026
Proposed Legislation
The Louisiana Legislature has considered proposals to establish a state minimum wage. House Bill 226 (2024 Regular Session) proposed establishing:
- $10 per hour beginning January 1, 2025
- $12 per hour beginning January 1, 2026
Source: HB 226, 2024 Regular Session Available at: https://www.legis.la.gov/legis/ViewDocument.aspx?d=1348757 Status: Not enacted as of January 2026
As of January 2026, Louisiana has not enacted a state minimum wage, and covered employers must pay the federal minimum wage of $7.25 per hour.
Who Must Be Paid Minimum Wage:
- Most employees covered by the Fair Labor Standards Act
- Full-time and part-time workers
- Hourly and salaried non-exempt employees
Exemptions from Minimum Wage:
- Executive, administrative, and professional employees meeting FLSA exemption criteria
- Outside sales employees
- Certain computer professionals
- Certain agricultural workers
- Certain seasonal and recreational establishment employees
Source: Fair Labor Standards Act regulations, 29 C.F.R. § 541 Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 DOL Exemption Guidance: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
Overtime Requirements
Louisiana does not have state-specific overtime requirements. Covered employers must comply with federal overtime provisions under the Fair Labor Standards Act.
Federal Overtime Requirements
According to the Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):
“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
Source: Fair Labor Standards Act, 29 U.S.C. § 207(a)(1) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim DOL Overtime Guidance: https://www.dol.gov/agencies/whd/overtime
Overtime Requirements Summary:
- Threshold: 40 hours per workweek
- Rate: Time and one-half the regular rate of pay
- Calculation: Based on total hours worked in a workweek, not hours worked per day
- Applicability: All covered non-exempt employees
Overtime Exemptions:
- Executive, administrative, and professional employees meeting FLSA criteria
- Outside sales employees
- Certain computer professionals
- Certain agricultural workers
- Certain transportation employees
Source: 29 C.F.R. § 541 Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541
Meal and Rest Break Requirements
Louisiana does not have state laws requiring employers to provide meal periods or rest breaks for adult employees.
Search Conducted:
- Louisiana Legislature website: https://legis.la.gov/
- Search terms: “meal break”, “rest break”, “employee breaks”
- Date: January 13, 2026
- Result: No Louisiana statute requiring meal or rest breaks for adult employees
Federal Law
Federal law does not require meal or rest breaks for adult employees.
According to the U.S. Department of Labor, Wage and Hour Division:
“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”
Source: U.S. Department of Labor, Wage and Hour Division Available at: https://www.dol.gov/general/topic/workhours/breaks Verified: January 13, 2026
Practical Application in Louisiana:
- Employers are not required to provide meal or rest breaks
- Break policies are determined by employer policy, employment contracts, or collective bargaining agreements
- If employers provide short breaks (5-20 minutes), federal law requires they be paid
- Meal periods (typically 30 minutes or more) where employees are completely relieved of duties may be unpaid
Youth Employment Break Requirements
Louisiana law does require breaks for minor employees under certain circumstances, as administered by the Louisiana Workforce Commission.
Final Paycheck Requirements
Louisiana law establishes specific timelines for payment of final wages upon termination of employment.
Payment Upon Discharge
According to Louisiana Revised Statutes § 23:631(A)(1)(a):
“Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first.”
Source: Louisiana Revised Statutes § 23:631(A)(1)(a) Official text: https://www.legis.la.gov/legis/Law.aspx?d=83945 Last amended: 2025
Payment Upon Resignation
According to Louisiana Revised Statutes § 23:631(A)(1)(b):
“Upon the resignation of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday for the pay cycle during which the employee was working at the time of separation or no later than fifteen days following the date of resignation, whichever occurs first.”
Source: Louisiana Revised Statutes § 23:631(A)(1)(b) Official text: https://www.legis.la.gov/legis/Law.aspx?d=83945 Last amended: 2025
Final Paycheck Requirements Summary:
For Discharge:
- Due: Next regular payday OR within 15 days, whichever is first
- Method: At customary place and manner, or by properly addressed U.S. mail
For Resignation:
- Due: Next regular payday for the pay cycle during which employee was working OR within 15 days, whichever is first
- Method: At customary place and manner, or by properly addressed U.S. mail
Disputed Amounts: If a dispute exists regarding the amount due, the employer must pay the undisputed portion within the required timeframe. The employee may file a lawsuit to recover disputed amounts.
Source: Louisiana Revised Statutes § 23:631(B) Official text: https://www.legis.la.gov/legis/Law.aspx?d=83945
What Must Be Included in Final Paycheck:
- All unpaid wages for hours worked
- Accrued vacation pay (if earned under employer policy)
- Commission, incentive pay, or bonus (if earned under written policy)
Vacation Pay Provisions
According to Louisiana Revised Statutes § 23:631(D):
“For purposes of this Section, vacation pay will be considered an amount then due only if, in accordance with the stated vacation policy of the person employing such laborer or other employee, both of the following apply:
(a) The laborer or other employee is deemed eligible for and has accrued the right to take vacation time with pay.
(b) The laborer or other employee has not taken or been compensated for the vacation time as of the date of the discharge or resignation.”
Source: Louisiana Revised Statutes § 23:631(D) Official text: https://www.legis.la.gov/legis/Law.aspx?d=83945
Commission and Bonus Provisions
According to Louisiana Revised Statutes § 23:631(E):
“For purposes of this Section and R.S. 23:634, compensation available in the form of commission, incentive pay, or bonus shall be considered an amount then due only if, at the time of separation, the compensation has been earned and not modified in accordance with a written policy addressing the commission, incentive pay, or bonus.”
Source: Louisiana Revised Statutes § 23:631(E) Official text: https://www.legis.la.gov/legis/Law.aspx?d=83945
Employers may maintain written policies providing for adjustments to commission amounts based on changes to orders or conditioning payment on the employer’s receipt of payment generating the commission. For bonuses based on financial performance, employers have up to 120 days from the end of the performance period to determine if a bonus is due.
2.2 Paid Sick Leave
Louisiana does not have a state law requiring private employers to provide paid sick leave to employees.
Search Conducted:
- Louisiana Legislature website: https://legis.la.gov/
- Louisiana Workforce Commission website: http://www.lwc.la.gov/
- Search terms: “paid sick leave”, “earned sick leave”, “sick time”
- Date: January 13, 2026
- Result: No enacted legislation requiring private sector paid sick leave
Proposed Legislation
House Bill 784 (2022 Regular Session) proposed creating the “Louisiana Family and Medical Leave Benefits Act” establishing a paid family and medical leave insurance program. The bill would have provided benefits for covered individuals who contributed to the program.
Source: HB 784, 2022 Regular Session Available at: https://legis.la.gov/legis/ViewDocument.aspx?d=1256728 Status: Not enacted
Senate Bill 481 (2024 Regular Session) proposed establishing minimum earned paid sick leave requirements.
Status: Not enacted as of January 2026
Current Law
As of January 2026, Louisiana has not enacted paid sick leave requirements for private sector employers. Sick leave policies are determined by:
- Employer policies
- Employment contracts
- Collective bargaining agreements (if applicable)
Public Sector Employees
Public sector employees (state and local government, public schools, higher education) may be entitled to sick leave under specific Louisiana statutes governing public employment:
State Employees: Louisiana Revised Statutes § 42:151-152 establishes sick leave for classified and unclassified state employees.
Source: Louisiana Revised Statutes § 42:151-152 Available at: https://legis.la.gov/legis/Law.aspx?d=80229
Teachers: Louisiana Revised Statutes § 17:1201-1202 establishes sick leave for public school teachers.
Source: Louisiana Revised Statutes § 17:1201-1202 Available at: http://legis.la.gov/legis/Law.aspx?d=79780
Federal Leave Rights
All covered Louisiana employees are entitled to unpaid leave under the federal Family and Medical Leave Act (FMLA) when they meet eligibility requirements.
Source: Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2601&num=0&edition=prelim DOL FMLA Information: https://www.dol.gov/agencies/whd/fmla
2.3 Equal Pay Protections
Louisiana law prohibits pay discrimination based on sex through the Louisiana Equal Pay for Women Act.
Louisiana Equal Pay for Women Act
According to Louisiana Revised Statutes § 23:664(A):
“No employer may discriminate against an employee on the basis of sex by paying an employee of one sex less than an employee of the opposite sex for equal work on jobs in which their performance requires equal skill, effort, and responsibility and which are performed under similar working conditions.”
Source: Louisiana Equal Pay for Women Act, Louisiana Revised Statutes § 23:661-669 Citation: Louisiana Revised Statutes § 23:664 Official text: https://legis.la.gov/legis/Law.aspx?d=99675 Last amended: 2017
Coverage:
- Employers with 15 or more employees within Louisiana
- State agencies and local government entities
- All employees regardless of sex (law was amended to cover all employees, not just women)
Source: Louisiana Revised Statutes § 23:663(3) Available at: https://legis.la.gov/legis/Law.aspx?d=99674
Permitted Pay Differentials
According to Louisiana Revised Statutes § 23:664(B), pay differentials are permitted when based on:
- A seniority system
- A merit system
- A system measuring earnings by quantity or quality of production
- Any other factor other than sex
- Different work locations (if not the result of intentional discrimination)
Source: Louisiana Revised Statutes § 23:664(B) Official text: https://legis.la.gov/legis/Law.aspx?d=99675
Prohibited Employer Actions
The Act prohibits employers from:
- Reducing any employee’s wages to comply with equal pay requirements
- Interfering with, restraining, or denying the exercise of employee rights under the Act
- Discriminating or retaliating against employees who assert rights under the Act
- Discriminating against employees for inquiring about, discussing, or disclosing wage information
- Requiring employees to sign agreements waiving rights under the Act
Source: Louisiana Revised Statutes § 23:664(C)-(E) Available at: https://legis.la.gov/legis/Law.aspx?d=99675
Enforcement and Remedies
Employees who believe their employer is violating the Act must provide written notice to the employer. The employer has 60 days to remedy the violation. If the employer does not remedy the violation, the employee may file a complaint with the Louisiana Commission on Human Rights or pursue remedies under Louisiana Revised Statutes Title 23, Chapter 3-A (employment discrimination procedures).
Source: Louisiana Revised Statutes § 23:665 Available at: https://legis.la.gov/legis/Law.aspx?d=99676
Recordkeeping Requirements
Employers subject to the Act must create and preserve records documenting:
- Names and addresses of employees
- Positions held by employees
- Wages paid to employees
- Sex of employees
Records must be preserved for at least three years from the last date of employment.
Source: Louisiana Revised Statutes § 23:668 Available at: https://legis.la.gov/legis/Law.aspx?d=99679
Federal Equal Pay Protections
The federal Equal Pay Act of 1963 also prohibits wage discrimination based on sex. Louisiana employees are protected by both state and federal equal pay laws.
Source: Equal Pay Act, 29 U.S.C. § 206(d) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim EEOC Equal Pay Information: https://www.eeoc.gov/equal-paycompensation-discrimination
2.4 Employee Rights Summary
Louisiana employees have the following wage and hour rights:
Minimum Wage:
- Federal minimum wage of $7.25 per hour applies to covered employees
- No separate Louisiana state minimum wage
Overtime:
- Time and one-half regular rate for hours over 40 per workweek (federal requirement)
- No Louisiana state daily overtime requirement
Breaks:
- No state requirement for meal or rest breaks for adult employees
- Short breaks (5-20 minutes) if provided must be paid
- Meal periods (30+ minutes) may be unpaid if employee is completely relieved of duties
Final Paycheck:
- Due within 15 days or next regular payday, whichever is first
- Must include all earned wages, accrued vacation (if earned), and earned commissions/bonuses
Equal Pay:
- Employees must receive equal pay for equal work regardless of sex
- Pay differentials permitted only for legitimate non-discriminatory reasons
Protected Rights:
- Cannot be retaliated against for asserting wage and hour rights
- Cannot be retaliated against for discussing wages
- Cannot be required to waive wage and hour protections
All sources and citations are available at Louisiana Legislature website (https://legis.la.gov/) and U.S. Department of Labor website (https://www.dol.gov/).
Discrimination Laws in Louisiana
3.1 Overview of Employment Discrimination Protections
Louisiana prohibits employment discrimination through state law while employees also receive protections under comprehensive federal civil rights statutes. Understanding both state and federal frameworks is essential for employees and employers.
Legal Framework
Louisiana’s primary employment discrimination statute is Louisiana Revised Statutes § 23:332, titled “Intentional Discrimination in Employment.” This statute works in conjunction with the Louisiana Commission on Human Rights Act (Louisiana Revised Statutes § 51:2231 et seq.) to provide state-level discrimination protections.
According to Louisiana Revised Statutes § 51:2231(A):
“It is the purpose and intent of the legislature by this enactment to provide for execution within Louisiana of the policies embodied in the Federal Civil Rights Act of 1964, 1968, and 1972 and the Age Discrimination in Employment Act of 1967, as amended; and to assure that Louisiana has appropriate legislation prohibiting discrimination in public accommodations sufficient to justify the deferral of cases by the federal Equal Employment Opportunity Commission, the secretary of the Louisiana Workforce Commission, and the Department of Justice under those statutes; to safeguard all individuals within the state from discrimination because of race, creed, color, religion, sex, age, disability, or national origin in connection with employment and in connection with public accommodations; to protect their interest in personal dignity and freedom from humiliation; to make available to the state their full productive capacities in employment; to secure the state against domestic strife and unrest which can come from discrimination in employment and in places of public accommodation.”
Source: Louisiana Revised Statutes § 51:2231(A) Official text: https://legis.la.gov/legis/Law.aspx?d=104274 Enacted: 1997
Federal protections apply to Louisiana employers through:
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Genetic Information Nondiscrimination Act (GINA)
- Other federal statutes
3.2 Protected Classes Under Louisiana and Federal Law
Louisiana law prohibits employment discrimination based on specific protected characteristics, with federal law providing additional protections.
State Protected Classes (Louisiana)
According to Louisiana Revised Statutes § 23:332(A), it is unlawful for an employer to discriminate based on:
- Race
- Color
- Religion
- Sex
- National origin
- Military status
- Natural, protective, or cultural hairstyle
Source: Louisiana Revised Statutes § 23:332(A) Official text: https://legis.la.gov/legis/Law.aspx?d=83879 Last amended: 2025
Definition of Natural, Protective, or Cultural Hairstyle
According to Louisiana Revised Statutes § 23:332(I):
“‘Natural, protective, or cultural hairstyle’ shall include but is not limited to afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance.”
Source: Louisiana Revised Statutes § 23:332(I) Official text: https://legis.la.gov/legis/Law.aspx?d=83879 Added: 2022
Additional State Protections
Age: The Louisiana Commission on Human Rights Act prohibits age discrimination for individuals 40 years of age or older.
Source: Louisiana Revised Statutes § 51:2231(B) Official text: https://legis.la.gov/legis/Law.aspx?d=104274
Disability: Louisiana law prohibits discrimination based on disability.
Source: Louisiana Revised Statutes § 51:2231(A) Official text: https://legis.la.gov/legis/Law.aspx?d=104274
Sickle Cell Trait: Louisiana prohibits discrimination based on sickle cell trait.
Source: Louisiana Commission on Human Rights enforcement authority Available at: https://humanrights.la.gov/
Genetic Information: Louisiana Revised Statutes § 23:368 prohibits discrimination based on protected genetic information.
Source: Louisiana Revised Statutes § 23:368 Official text: https://www.legis.la.gov/legis/Law.aspx?d=83889 Enacted: 2001
Federal Protected Classes
Federal law prohibits employment discrimination based on:
Under Title VII of the Civil Rights Act (42 U.S.C. § 2000e):
- Race
- Color
- Religion
- Sex (including pregnancy, childbirth, and related medical conditions; sexual orientation; and gender identity)
- National origin
Source: Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2 Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim EEOC Title VII Information: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Under the Age Discrimination in Employment Act (29 U.S.C. § 621):
- Age (40 years and older)
Source: Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621&num=0&edition=prelim EEOC Age Discrimination Information: https://www.eeoc.gov/age-discrimination
Under the Americans with Disabilities Act (42 U.S.C. § 12101):
- Disability (physical or mental impairment that substantially limits one or more major life activities)
Source: Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim EEOC ADA Information: https://www.eeoc.gov/disability-discrimination
Under the Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff):
- Genetic information (including family medical history)
Source: Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff et seq. Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff&num=0&edition=prelim EEOC GINA Information: https://www.eeoc.gov/genetic-information-discrimination
Pregnancy Discrimination
The federal Pregnancy Discrimination Act, an amendment to Title VII, prohibits discrimination based on pregnancy, childbirth, or related medical conditions.
Source: Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim EEOC Pregnancy Discrimination Information: https://www.eeoc.gov/pregnancy-discrimination
The Pregnant Workers Fairness Act, effective June 27, 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
Source: Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq. EEOC PWFA Information: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
3.3 Types of Prohibited Discrimination
Louisiana and federal law prohibit several forms of employment discrimination.
Disparate Treatment (Intentional Discrimination)
Disparate treatment occurs when an employer intentionally treats an employee or applicant differently because of a protected characteristic.
According to Louisiana Revised Statutes § 23:332(A)(1), it is unlawful discrimination for an employer to:
“Intentionally fail or refuse to hire or to discharge any individual, or otherwise to intentionally discriminate against any individual with respect to compensation, or terms, conditions, or privileges of employment, because of the individual’s race, color, religion, sex, national origin, military status, or natural, protective, or cultural hairstyle.”
Source: Louisiana Revised Statutes § 23:332(A)(1) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Examples of disparate treatment include:
- Refusing to hire qualified applicants because of their race or religion
- Paying employees of one sex less than employees of the opposite sex for equal work
- Terminating an employee because of age
- Denying promotions based on national origin
- Providing different terms or conditions of employment based on disability
Disparate Impact (Unintentional Discrimination)
Disparate impact occurs when a seemingly neutral employment policy or practice disproportionately affects members of a protected class. Under federal law, employers may be liable for disparate impact discrimination even without discriminatory intent if the policy is not job-related and consistent with business necessity.
Source: Title VII of the Civil Rights Act as interpreted by federal courts EEOC Disparate Impact Guidance: https://www.eeoc.gov/laws/guidance/questions-and-answers-clarify-and-provide-common-interpretation-uniform-guidelines
Harassment
Harassment based on protected characteristics is a form of discrimination when it creates a hostile work environment or results in a tangible employment action.
Retaliation
Retaliation occurs when an employer takes adverse action against an employee for:
- Opposing discriminatory practices
- Filing a discrimination charge
- Participating in a discrimination investigation or lawsuit
- Requesting reasonable accommodation
Louisiana law explicitly prohibits retaliation.
According to Louisiana Revised Statutes § 23:332(C)(3):
Labor organizations are prohibited from “intentionally caus[ing] or attempt[ing] to cause an employer to discriminate against an individual in violation of this Section.”
Source: Louisiana Revised Statutes § 23:332(C)(3) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Federal law also prohibits retaliation under all major civil rights statutes.
Source: Title VII, 42 U.S.C. § 2000e-3(a) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-3&num=0&edition=prelim
3.4 Sexual Harassment
Sexual harassment is a form of sex discrimination prohibited by both Louisiana and federal law.
Definition Under Federal Law
According to the Equal Employment Opportunity Commission:
“It is unlawful to harass a person because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”
Source: Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/sexual-harassment Verified: January 13, 2026
Two Types of Sexual Harassment
1. Quid Pro Quo Harassment
Quid pro quo harassment occurs when:
- Submission to unwelcome sexual conduct is made an explicit or implicit term or condition of employment
- Submission to or rejection of sexual conduct is used as the basis for employment decisions affecting the individual
2. Hostile Work Environment
A hostile work environment exists when:
- Unwelcome sexual conduct unreasonably interferes with work performance or creates an intimidating, hostile, or offensive work environment
- The conduct is severe or pervasive enough to create an abusive working environment
Louisiana Law on Sexual Harassment
Louisiana Revised Statutes § 23:332 prohibits intentional discrimination based on sex, which encompasses sexual harassment.
Source: Louisiana Revised Statutes § 23:332 Official text: https://legis.la.gov/legis/Law.aspx?d=83879
The Louisiana Commission on Human Rights enforces prohibitions against sexual harassment in employment.
Source: Louisiana Commission on Human Rights Available at: https://humanrights.la.gov/ Verified: January 13, 2026
Employer Liability
Employers may be liable for sexual harassment by:
- Supervisors (strict liability for quid pro quo harassment)
- Co-workers (if employer knew or should have known and failed to take prompt corrective action)
- Non-employees (if employer knew or should have known and failed to take prompt corrective action)
Employer Obligations
Employers have obligations to:
- Maintain a workplace free from sexual harassment
- Establish and communicate anti-harassment policies
- Provide complaint procedures
- Conduct prompt and thorough investigations
- Take appropriate corrective action
Sexual Harassment Prevention Training
Louisiana does not currently require sexual harassment prevention training for private sector employers.
Search Conducted:
- Louisiana Legislature website: https://legis.la.gov/
- Louisiana Workforce Commission website: http://www.lwc.la.gov/
- Search terms: “sexual harassment training”, “harassment prevention training”
- Date: January 13, 2026
- Result: No Louisiana statute requiring sexual harassment training for private sector employees
Some states have enacted mandatory training requirements, but Louisiana has not adopted such requirements as of January 2026. Employers may voluntarily implement training programs as a best practice.
3.5 Prohibited Practices by Employers, Employment Agencies, and Labor Organizations
Louisiana law specifies prohibited discriminatory practices for different entities.
Employer Prohibited Practices
According to Louisiana Revised Statutes § 23:332(A), employers may not:
- Intentionally fail or refuse to hire or discharge any individual, or otherwise intentionally discriminate with respect to compensation, terms, conditions, or privileges of employment, because of protected characteristics
- Intentionally limit, segregate, or classify employees or applicants in any way that would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect status as an employee, because of protected characteristics
- Intentionally pay wages to an employee at a rate less than that of another employee of the opposite sex for equal work on jobs requiring equal skill, effort, and responsibility under similar working conditions
Source: Louisiana Revised Statutes § 23:332(A) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Employment Agency Prohibited Practices
According to Louisiana Revised Statutes § 23:332(B), employment agencies may not:
- Intentionally fail or refuse to refer for employment, or otherwise intentionally discriminate against, any individual because of protected characteristics
- Intentionally classify or refer for employment any individual on the basis of protected characteristics
Source: Louisiana Revised Statutes § 23:332(B) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Labor Organization Prohibited Practices
According to Louisiana Revised Statutes § 23:332(C), labor organizations may not:
- Intentionally exclude or expel from membership, or otherwise intentionally discriminate against, any individual because of protected characteristics
- Intentionally limit, segregate, or classify membership or applicants for membership, or intentionally classify or fail or refuse to refer for employment any individual in any way that would deprive or tend to deprive employment opportunities, or limit opportunities, or otherwise adversely affect status as an employee or applicant, because of protected characteristics
- Intentionally cause or attempt to cause an employer to discriminate against an individual in violation of the statute
Source: Louisiana Revised Statutes § 23:332(C) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Training Program Prohibited Practices
According to Louisiana Revised Statutes § 23:332(D):
“It shall be unlawful discrimination in employment for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion, sex, national origin, military status, or natural, protective, or cultural hairstyle in admission to, or employment in, any program established to provide apprenticeship or other training.”
Source: Louisiana Revised Statutes § 23:332(D) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Discriminatory Advertisements and Notices
According to Louisiana Revised Statutes § 23:332(E):
“It shall be unlawful discrimination in employment for an employer, employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by an employer or membership in or any classification or referral for employment by a labor organization, or relating to any classification or referral for employment by an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by a joint labor-management committee, indicating any preference, limitation, specification, or discrimination based on race, color, religion, sex, national origin, military status, or natural, protective, or cultural hairstyle.”
However, a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, military status, or national origin when such characteristic is a bona fide occupational qualification for employment.
Source: Louisiana Revised Statutes § 23:332(E) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Insurance Agent Discrimination
Louisiana law also prohibits discrimination by insurers against insurance agents based on protected characteristics.
Source: Louisiana Revised Statutes § 23:332(F) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
3.6 Exceptions and Defenses
Louisiana law recognizes certain exceptions and defenses to discrimination claims.
Bona Fide Occupational Qualification (BFOQ)
According to Louisiana Revised Statutes § 23:332(H)(1):
“Notwithstanding any other provision of this Section, it shall not be unlawful discrimination in employment for:
An employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program on the basis of his religion, sex, or national origin in those certain instances where religion, sex, military status, or national origin is a bona fide occupational qualification reasonably necessary for the normal operation of that particular business or enterprise.”
Source: Louisiana Revised Statutes § 23:332(H)(1) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
The BFOQ exception is narrowly construed and limited to situations where the protected characteristic is essential to business operations, not merely convenient or preferred.
Religious Educational Institutions
According to Louisiana Revised Statutes § 23:332(H)(2):
“A school, college, university, or other educational institution or institution of learning [may] hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of the school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.”
Source: Louisiana Revised Statutes § 23:332(H)(2) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Seniority and Merit Systems
According to Louisiana Revised Statutes § 23:332(H)(3):
“An employer [may] apply different standards of compensation or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production, or any other differential based on any factor other than sex, or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, national origin, or natural, protective, or cultural hairstyle.”
Source: Louisiana Revised Statutes § 23:332(H)(3) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Professionally Developed Ability Tests
According to Louisiana Revised Statutes § 23:332(H)(4):
“An employer [may] give and…act upon the results of any professionally developed ability test, provided that such test, its administration, or action upon the results is not designed, intended, or used to discriminate because of race, color, religion, sex, national origin, military status, or natural, protective, or cultural hairstyle.”
Source: Louisiana Revised Statutes § 23:332(H)(4) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
Affirmative Action Programs
According to Louisiana Revised Statutes § 23:332(G):
“Nothing contained in this Section shall be construed so as to create a cause of action against an employer, employment agency, labor organization, or insurer for employment practices pursuant to any affirmative action plan.”
Source: Louisiana Revised Statutes § 23:332(G) Official text: https://legis.la.gov/legis/Law.aspx?d=83879
3.7 Filing Deadlines and Statutes of Limitations
Discrimination claims are subject to strict deadlines. Employees must file charges within specified timeframes or lose their right to pursue claims.
Federal Filing Deadlines (EEOC)
For federal discrimination claims under Title VII, ADEA, ADA, and other federal statutes:
General Deadline: 180 days from the date of the discriminatory act
Extended Deadline: 300 days when the charge is also covered by a state or local anti-discrimination law (Louisiana law)
Louisiana has a state anti-discrimination law enforced by the Louisiana Commission on Human Rights, which qualifies Louisiana as a “deferral state.” Therefore, employees in Louisiana generally have 300 days to file a charge with the EEOC.
Source: Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/filing-charge-discrimination Verified: January 13, 2026
State Filing Deadlines (Louisiana Commission on Human Rights)
The Louisiana Commission on Human Rights enforces Louisiana anti-discrimination laws. Employees may file complaints with the Commission.
Source: Louisiana Commission on Human Rights Website: https://humanrights.la.gov/ Filing Information: https://humanrights.la.gov/ (website provides complaint filing information)
Employees should file discrimination complaints promptly to preserve their rights under both state and federal law.
Continuing Violations Doctrine
Some discriminatory acts may constitute “continuing violations” that extend filing deadlines. For example, discriminatory pay practices may be considered continuing violations, with each paycheck representing a new discriminatory act. Consult with an attorney or contact enforcement agencies for guidance on specific situations.
3.8 Enforcement and Remedies
Both Louisiana and federal agencies enforce employment discrimination laws, and employees may pursue remedies through administrative complaints and civil litigation.
Louisiana Commission on Human Rights
The Louisiana Commission on Human Rights investigates and resolves employment discrimination complaints under Louisiana law.
Contact Information:
Official name: Louisiana Commission on Human Rights
Mailing Address:
Louisiana Commission on Human Rights
P.O. Box 3776
Baton Rouge, LA 70821
Physical Address:
1001 North 23rd Street, Suite 262
Baton Rouge, LA 70802
Website: https://humanrights.la.gov/
Filing Complaint: https://humanrights.la.gov/ (website provides complaint procedures)
Source: Louisiana Commission on Human Rights official website Verified: January 13, 2026
Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal employment discrimination laws, including Title VII, ADEA, ADA, and GINA.
EEOC New Orleans Field Office (serving Louisiana):
Address:
EEOC New Orleans District Office
701 Loyola Avenue, Suite 600
New Orleans, LA 70113
Phone: 1-800-669-4000 TTY: 1-800-669-6820
Website: https://www.eeoc.gov/
Filing Charge Online: https://publicportal.eeoc.gov/Portal/Login.aspx
Source: Equal Employment Opportunity Commission Verified: January 13, 2026
Available Remedies
Successful discrimination claims may result in various remedies:
Monetary Damages:
- Back pay (lost wages and benefits)
- Front pay (future lost earnings)
- Compensatory damages (emotional distress, pain and suffering)
- Punitive damages (in cases of intentional discrimination with malice or reckless indifference)
- Attorney’s fees and costs
Equitable Relief:
- Reinstatement to former position
- Promotion
- Hiring
- Policy changes
- Training programs
- Injunctive relief
Damage Caps
Federal law imposes caps on compensatory and punitive damages based on employer size:
- 15-100 employees: $50,000 cap
- 101-200 employees: $100,000 cap
- 201-500 employees: $200,000 cap
- 500+ employees: $300,000 cap
Source: Civil Rights Act of 1991, 42 U.S.C. § 1981a(b)(3) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981a&num=0&edition=prelim
Louisiana law remedies depend on the specific statute and legal theory pursued.
Right to Sue
After filing a charge with the EEOC or Louisiana Commission on Human Rights, employees may eventually receive a “right to sue” notice, allowing them to file a lawsuit in court. The right to sue letter is typically issued after the agency completes its investigation or after a specified waiting period.
Employees must file lawsuits within strict deadlines after receiving the right to sue notice:
- EEOC: Within 90 days of receiving the right to sue letter
- State courts: Deadlines vary based on the legal claims
Consult with an attorney promptly after receiving a right to sue notice to preserve legal rights.
Reasonable Accommodations
4.1 Disability Accommodation Requirements
Louisiana employees with disabilities are protected by federal law requiring reasonable accommodations. The Americans with Disabilities Act (ADA) is the primary federal statute mandating disability accommodations in employment.
ADA Coverage
The ADA applies to:
- Private employers with 15 or more employees
- State and local government employers (Title II)
- Employment agencies
- Labor organizations
Source: Americans with Disabilities Act, 42 U.S.C. § 12111(5) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim
Who is Protected
According to the ADA, an individual with a disability is someone who:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a record of such an impairment
- Is regarded as having such an impairment
Source: Americans with Disabilities Act, 42 U.S.C. § 12102 Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim EEOC Disability Guidance: https://www.eeoc.gov/laws/guidance/fact-sheet-disability-discrimination
Reasonable Accommodation Requirement
Employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship on business operations.
Source: Americans with Disabilities Act, 42 U.S.C. § 12112(b)(5)(A) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim
Examples of Reasonable Accommodations:
- Modifying work schedules or allowing flexible scheduling
- Making workplace facilities accessible
- Providing assistive technology or equipment
- Modifying job duties or restructuring jobs
- Providing qualified readers or interpreters
- Allowing telecommuting or remote work
- Providing leave as an accommodation
4.2 The Interactive Process
Under the ADA, when an employee requests a reasonable accommodation, employers are required to engage in an interactive process to identify effective accommodations.
The Interactive Process Under Federal Law
An accommodation request does not need to use specific language or terms. Statements such as “I need help” or “I’m having difficulty” may trigger accommodation obligations under the ADA.
Employer Rights to Request Information
Employers may request medical documentation to:
- Confirm the existence of a disability
- Understand limitations caused by the disability
- Identify potential accommodations
Medical information must be kept confidential and maintained in separate files as required by the ADA.
Accommodation Discussions
The interactive process involves discussions between employers and employees about potential accommodations. Relevant factors in these discussions include:
- Employee’s preferred accommodation
- Alternative accommodations if the preferred option poses undue hardship
- Input from medical professionals
- Job requirements and essential functions
Accommodation Selection
Employers must provide an effective accommodation, though not necessarily the employee’s preferred accommodation. The accommodation must enable the employee to perform essential job functions.
Ongoing Accommodation Obligations
Accommodations may need modification as circumstances change. Employers have ongoing obligations to address accommodation needs.
Source: Equal Employment Opportunity Commission enforcement guidance Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
4.3 Undue Hardship Exception
Employers are not required to provide accommodations that would impose an undue hardship on business operations.
Undue Hardship Definition
According to the ADA, undue hardship means “an action requiring significant difficulty or expense” when considered in light of specific factors.
Source: Americans with Disabilities Act, 42 U.S.C. § 12111(10) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim
Factors in Determining Undue Hardship:
- Nature and cost of the accommodation
- Overall financial resources of the facility
- Number of persons employed at the facility
- Effect on expenses and resources
- Impact on facility operations
- Overall financial resources of the covered entity
- Type of operation of the covered entity
Undue hardship is evaluated on a case-by-case basis. Small employers may establish undue hardship with lower accommodation costs than large employers. Employers bear the burden of proving undue hardship.
4.4 Religious Accommodations
Federal law requires employers to reasonably accommodate employees’ sincerely held religious beliefs, practices, and observances unless doing so would impose an undue hardship.
Title VII Religious Accommodation Requirements
According to Title VII of the Civil Rights Act, employers must reasonably accommodate religious beliefs and practices unless the accommodation would cause undue hardship on the conduct of the employer’s business.
Source: Title VII, 42 U.S.C. § 2000e(j) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim EEOC Religious Discrimination Guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination
Examples of Religious Accommodations:
- Schedule changes to accommodate religious observances
- Voluntary shift swaps or substitutions
- Flexible scheduling for religious holidays
- Exceptions to dress or grooming codes for religious reasons
- Accommodations for prayer or religious breaks
- Modifications to job duties conflicting with religious beliefs
Undue Hardship for Religious Accommodations
Under Title VII, undue hardship for religious accommodations exists when the accommodation would impose more than a de minimis (minimal) cost or burden on business operations. This standard is less stringent than the ADA’s undue hardship standard.
However, in Groff v. DeJoy (2023), the U.S. Supreme Court clarified that undue hardship means “substantial increased costs in relation to the conduct of its particular business,” raising the threshold somewhat from the minimal cost previously required.
Source: Groff v. DeJoy, 600 U.S. ___ (2023) EEOC Updated Guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation
4.5 Pregnancy Accommodations
Federal law requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act, effective June 27, 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation would impose an undue hardship.
Coverage:
- Private and public sector employers with 15 or more employees
- Congress
- Federal agencies
- Employment agencies
- Labor organizations
Source: Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq. EEOC PWFA Information: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act Effective Date: June 27, 2023
Examples of Pregnancy-Related Accommodations:
- Ability to sit or take additional breaks
- Modifications to work schedules or job duties
- Light duty assignments
- Accommodations for pregnancy-related conditions (morning sickness, gestational diabetes, etc.)
- Time off for prenatal appointments
- Temporary reassignment
- Ergonomic accommodations
PWFA vs. ADA
The PWFA operates alongside the ADA but addresses pregnancy-related limitations specifically. Unlike the ADA, pregnancy-related conditions need not rise to the level of a disability to require accommodation under the PWFA.
Pregnancy Discrimination Act
The Pregnancy Discrimination Act, an amendment to Title VII, prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees the same as other employees similar in their ability or inability to work.
Source: Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
Louisiana State Law
Louisiana does not have a separate state statute specifically mandating pregnancy accommodations beyond federal requirements. Pregnant employees in Louisiana are protected by federal law.
4.6 Accommodation Request Procedures
Employee Accommodation Requests
Accommodation requests can be:
- Verbal or written
- Made to supervisors, managers, or human resources
- Made using plain language without legal terminology
For disability accommodations, employers may request medical documentation from a healthcare provider. For religious accommodations, employers generally cannot demand extensive documentation but may request clarification.
Employer Obligations Upon Receiving Requests
Employers receiving accommodation requests must:
- Respond to requests in a timely manner
- Engage in the interactive process
- Request necessary medical information (for disability accommodations)
- Keep medical information confidential in separate files
- Discuss potential accommodations
- Implement effective accommodations or document undue hardship
Documentation Requirements
Federal regulations require employers to:
- Document accommodation requests
- Document interactive process discussions
- Document accommodation decisions and rationale
- Document undue hardship determinations (if applicable)
- Maintain confidentiality of medical information
Employer Obligations in Louisiana
5.1 Required Workplace Postings
Louisiana employers must display various federal and, in some cases, state workplace posters informing employees of their rights.
Federal Posting Requirements
All covered Louisiana employers must post the following federal notices:
1. Fair Labor Standards Act (FLSA) Minimum Wage Poster
Required for: Most employers covered by FLSA Content: Federal minimum wage, overtime pay, child labor, and recordkeeping requirements Available at: https://www.dol.gov/agencies/whd/posters/flsa
Source: Fair Labor Standards Act, 29 U.S.C. § 211 DOL Poster Information: https://www.dol.gov/agencies/whd/posters
2. Equal Employment Opportunity (EEO) is the Law
Required for: Private employers with 15+ employees, federal contractors Content: Federal anti-discrimination laws Available at: https://www.eeoc.gov/poster
Source: Title VII and other federal civil rights statutes EEOC Poster Information: https://www.eeoc.gov/poster
3. Employee Polygraph Protection Act (EPPA) Poster
Required for: Most private employers (exceptions for security services, pharmaceutical manufacturers/distributors) Content: Prohibition on lie detector tests Available at: https://www.dol.gov/agencies/whd/posters/eppa
Source: Employee Polygraph Protection Act, 29 U.S.C. § 2001 et seq.
4. Family and Medical Leave Act (FMLA) Poster
Required for: Private employers with 50+ employees, public agencies, schools Content: FMLA leave rights and employer responsibilities Available at: https://www.dol.gov/agencies/whd/posters/fmla
Source: Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.
5. Occupational Safety and Health (OSHA) “Job Safety and Health: It’s the Law” Poster
Required for: Most private sector employers Content: Workplace safety rights and responsibilities Available at: https://www.osha.gov/publications/poster
Source: Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.
6. Employee Rights Under the National Labor Relations Act
Required for: Most private sector employers (some exceptions) Content: Rights to organize, form, join, or assist labor organizations Available at: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/jurisdictional-standards
Source: National Labor Relations Act
Additional Federal Posters (if applicable):
- Federal Contractor EEO posters (for federal contractors)
- Uniformed Services Employment and Reemployment Rights Act (USERRA) poster (for employers with federal contracts)
- Employee Rights on Government Contracts posters (for federal contractors)
Louisiana State Posting Requirements
Louisiana Unemployment Insurance Poster
Employers subject to Louisiana unemployment insurance must post information about unemployment compensation.
Source: Louisiana Workforce Commission Available at: http://www.lwc.la.gov/
Louisiana Workers’ Compensation Notice
Employers with workers’ compensation coverage must post notice of coverage.
Source: Louisiana Workforce Commission Information: http://www.lwc.la.gov/
Where to Obtain Posters:
- U.S. Department of Labor: https://www.dol.gov/general/topics/posters
- Equal Employment Opportunity Commission: https://www.eeoc.gov/poster
- Louisiana Workforce Commission: http://www.lwc.la.gov/
Posting Requirements:
- Post in conspicuous locations where employees can easily see them
- Post in languages spoken by employees if significant non-English speaking workforce
- Post current versions (replace outdated posters)
- Make available to remote workers through electronic posting or mailings
5.2 New Hire Reporting
Louisiana employers must report newly hired and re-hired employees to the Louisiana Workforce Commission for child support enforcement purposes.
Reporting Requirement
Employers must report:
- Employee name
- Employee address
- Employee Social Security Number
- Employer name, address, and federal employer identification number (FEIN)
- Date of hire
Deadline: Within 20 calendar days of hire or rehire
Reporting Methods:
- Online: Through Louisiana Workforce Commission system
- Mail: Louisiana New Hire Registry
- Fax: To designated number
Source: Louisiana Workforce Commission New Hire Reporting Information: http://www.lwc.la.gov/ Federal Requirement: Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. § 653a
5.3 Recordkeeping Requirements
Louisiana employers must maintain employment records as required by federal and state law.
Fair Labor Standards Act (FLSA) Recordkeeping
Employers covered by the FLSA must keep records for each non-exempt employee containing:
- Personal information (name, address, Social Security Number, birth date if under 19, sex, occupation)
- Hours worked each workday and total hours worked each workweek
- Basis on which wages are paid (hourly rate, piece rate, salary, commission)
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- All additions to or deductions from wages
- Total wages paid each pay period
- Date of payment and pay period covered
Retention Period: Three years for payroll records; two years for records supporting wage computations
Source: Fair Labor Standards Act, 29 C.F.R. § 516 Official regulations: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516 DOL Recordkeeping Guidance: https://www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
Equal Pay Act Recordkeeping
Under the Louisiana Equal Pay for Women Act, employers must create and preserve records documenting:
- Names and addresses of employees
- Positions held
- Wages paid
- Sex of employees
Retention Period: At least three years from the last date of employment
Source: Louisiana Revised Statutes § 23:668 Official text: https://legis.la.gov/legis/Law.aspx?d=99679
Personnel and Employment Records
Various federal laws require employers to maintain:
- Employment applications (including those not hired)
- Job descriptions
- Performance evaluations
- Disciplinary records
- Promotion, transfer, and termination records
- Training records
- Leave records
- Benefit enrollment records
Federal laws impose specific retention requirements for employment records, typically ranging from one to three years after termination.
Form I-9 Recordkeeping
Employers must complete Form I-9 for all employees hired after November 6, 1986, and retain completed forms for:
- Three years after the date of hire, OR
- One year after employment ends, whichever is later
Source: Immigration and Nationality Act I-9 Information: https://www.uscis.gov/i-9
5.4 Form I-9 and E-Verify Requirements
Form I-9 Employment Eligibility Verification
All U.S. employers must complete Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States.
Timing:
- Section 1 (employee portion): By the first day of employment
- Section 2 (employer portion): Within 3 business days of employee’s first day of employment
Acceptable Documents:
Employees must present:
- One document from List A (documents establishing both identity and employment authorization), OR
- One document from List B (documents establishing identity) AND one document from List C (documents establishing employment authorization)
Source: U.S. Citizenship and Immigration Services Form I-9 Instructions: https://www.uscis.gov/i-9 Form Download: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274
E-Verify
E-Verify is an internet-based system that compares information from an employee’s Form I-9 to records available to the U.S. Department of Homeland Security and Social Security Administration to confirm employment authorization.
Voluntary for Most Employers: E-Verify is voluntary for most private employers. However, certain employers must use E-Verify:
- Federal contractors with specific contract provisions
- Employers in states with mandatory E-Verify laws
Louisiana E-Verify Status:
Louisiana does not currently mandate E-Verify participation for private employers.
Search Conducted:
- Louisiana Legislature website: https://legis.la.gov/
- Search terms: “E-Verify”, “employment verification”, “electronic employment verification”
- Date: January 13, 2026
- Result: No mandatory E-Verify law for private employers
E-Verify Information:
- Website: https://www.e-verify.gov/
- Enrollment: Voluntary for Louisiana employers (unless federal contractor requirements apply)
5.5 Wage Payment Requirements
Louisiana law establishes requirements for how and when employers must pay wages.
Payment Frequency and Method
Louisiana Revised Statutes § 23:631 addresses final wage payment but does not establish frequency requirements for regular wage payments during employment.
Common Payment Practices:
- Weekly
- Bi-weekly (every two weeks)
- Semi-monthly (twice per month)
- Monthly
Employers establish pay schedules and communicate them to employees.
Payment Method
According to Louisiana Revised Statutes § 23:631(A)(2):
“Payment shall be made at the place and in the manner which has been customary during the employment, except that payment may be made via United States mail to the laborer or other employee, provided postage has been prepaid and the envelope properly addressed with the employee’s or laborer’s current address as shown in the employer’s records.”
Source: Louisiana Revised Statutes § 23:631(A)(2) Official text: https://www.legis.la.gov/legis/Law.aspx?d=83945
Direct Deposit
Employers may pay wages via direct deposit if employees authorize such payment method. Federal regulations permit direct deposit as long as:
- Employee voluntarily authorizes it
- Employee can choose the financial institution
- Employer does not profit from the direct deposit arrangement
Source: Federal Reserve Board Regulation E DOL Direct Deposit Guidance: https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-payment
Wage Deductions
Employers may make deductions from wages only when:
- Required by law (income tax withholding, Social Security/Medicare taxes, court-ordered garnishments)
- Authorized in writing by the employee for the employee’s benefit (health insurance, retirement contributions, etc.)
- For cash shortages, damaged property, or other losses (restrictions apply)
5.6 Employer Legal Obligations Summary
Louisiana employers have the following legal obligations under state and federal law:
Hiring and Onboarding Obligations:
- Form I-9 completion required for all new hires
- New hire reporting to Louisiana Workforce Commission required within 20 days
- Required notices and disclosures as specified by law
- Payroll and benefits enrollment as required by applicable laws
Wage and Hour Obligations:
- Payment of at least federal minimum wage ($7.25/hour) required
- Overtime pay at time-and-one-half for hours over 40/week required
- Accurate time and pay records required by FLSA
- Paycheck issuance according to established pay schedule
- Final paycheck payment within required timeframes upon termination
Workplace Posting Obligations:
- Display of all required federal posters
- Display of required Louisiana posters
- Current poster versions in conspicuous locations
- Access for remote workers as required by law
Anti-Discrimination Obligations:
- Prohibition of discrimination based on protected characteristics required
- Anti-harassment policies required
- Accommodation provision for disabilities, pregnancy, and religion required
- Prompt and thorough investigation of complaints required
Recordkeeping Obligations:
- Payroll records maintenance for three years required
- Supporting documentation maintenance for two years required
- Form I-9 retention for required periods
- Personnel files maintenance required
- Separate confidential medical information files required
Safety Obligations:
- OSHA standards compliance required
- Safe workplace maintenance required
- Workplace injury and illness reporting as required by law
- Required safety training provision
Leave Obligations (When Applicable):
- FMLA leave provision when applicable (50+ employee employers)
- Compliance with other applicable leave laws
- Accurate leave usage tracking
Filing Complaints
6.1 Grounds for Filing Complaints
Employees may file complaints when they believe their employer has violated employment laws. Common grounds for complaints include:
- Failure to pay minimum wage or overtime
- Wage theft or unpaid wages
- Discrimination based on protected characteristics
- Harassment or hostile work environment
- Retaliation for protected activities
- Failure to provide reasonable accommodations
- Unsafe working conditions
- Violations of FMLA or other leave laws
Some employees attempt to resolve issues internally through employer complaint procedures before filing external complaints. Internal resolution is not required by law for most complaints. In cases involving severe harassment or safety concerns, employees may file external complaints immediately.
6.2 Louisiana Workforce Commission (Wage Claims)
The Louisiana Workforce Commission handles wage and hour complaints under Louisiana law.
What LWC Handles:
- Unpaid wages
- Final paycheck disputes
- Minimum wage violations (federal minimum wage as Louisiana has no state minimum wage)
- Other wage payment violations
Contact Information:
Louisiana Workforce Commission
Mailing Address:
Louisiana Workforce Commission
P.O. Box 94094
Baton Rouge, LA 70804-9094
Phone: (225) 342-3111 TDD: (800) 259-5154
Website: http://www.lwc.la.gov/
Source: Louisiana Workforce Commission official website Verified: January 13, 2026
How to File: Contact the Louisiana Workforce Commission to initiate a wage complaint. The Commission will investigate and may pursue recovery of unpaid wages on behalf of employees.
6.3 Louisiana Commission on Human Rights (Discrimination)
The Louisiana Commission on Human Rights investigates employment discrimination complaints under Louisiana law.
What LCHR Handles:
- Race discrimination
- Color discrimination
- Religion discrimination
- Sex discrimination
- National origin discrimination
- Age discrimination (40+)
- Disability discrimination
- Sexual harassment
- Retaliation
- Other violations of Louisiana anti-discrimination laws
Contact Information:
Louisiana Commission on Human Rights
Mailing Address:
Louisiana Commission on Human Rights
P.O. Box 3776
Baton Rouge, LA 70821
Physical Address:
1001 North 23rd Street, Suite 262
Baton Rouge, LA 70802
Website: https://humanrights.la.gov/
Filing Complaint: https://humanrights.la.gov/ (website provides complaint procedures)
Source: Louisiana Commission on Human Rights official website Verified: January 13, 2026
Process:
- File complaint with LCHR (can be filed online, by mail, or in person)
- LCHR investigates the complaint
- LCHR may attempt conciliation between parties
- If no resolution, LCHR issues determination
- Employee may receive right to sue in state court if applicable
Deadline: File promptly; strict deadlines apply for discrimination claims
6.4 Equal Employment Opportunity Commission (Federal Discrimination)
The EEOC enforces federal employment discrimination laws.
What EEOC Handles:
- Title VII violations (race, color, religion, sex, national origin discrimination)
- Age Discrimination in Employment Act violations (age 40+)
- Americans with Disabilities Act violations
- Equal Pay Act violations
- Genetic Information Nondiscrimination Act violations
- Pregnancy discrimination
- Sexual harassment
- Retaliation
EEOC New Orleans Field Office (serving Louisiana):
Address:
EEOC New Orleans District Office
701 Loyola Avenue, Suite 600
New Orleans, LA 70113
Phone: 1-800-669-4000 TTY: 1-800-669-6820
Website: https://www.eeoc.gov/
Filing Charge Online: https://publicportal.eeoc.gov/Portal/Login.aspx
Source: Equal Employment Opportunity Commission Verified: January 13, 2026
Process:
- Contact EEOC or file charge online
- EEOC may conduct mediation
- EEOC investigates charge
- EEOC issues determination (reasonable cause or no reasonable cause)
- EEOC may litigate case or issue right to sue letter
- If right to sue issued, employee has 90 days to file lawsuit in federal court
Deadline: 300 days from discriminatory act in Louisiana (deferral state)
6.5 Occupational Safety and Health Administration (OSHA)
OSHA enforces workplace safety laws.
What OSHA Handles:
- Unsafe working conditions
- Workplace hazards
- Lack of required safety equipment
- Retaliation for reporting safety concerns
- Violations of OSHA standards
OSHA Baton Rouge Area Office (serving Louisiana):
Address:
OSHA Baton Rouge Area Office
9100 Bluebonnet Centre Boulevard, Suite 201
Baton Rouge, LA 70809
Phone: (225) 298-5458 Fax: (225) 298-5457
Website: https://www.osha.gov/
File Complaint: https://www.osha.gov/workers/file-complaint
Source: Occupational Safety and Health Administration Verified: January 13, 2026
How to File:
- Online: https://www.osha.gov/workers/file-complaint
- Phone: Call nearest OSHA office
- Written complaint: Mail to OSHA office
OSHA complaints can be filed anonymously. OSHA will investigate serious complaints and may inspect workplaces.
6.6 U.S. Department of Labor Wage and Hour Division
The U.S. Department of Labor Wage and Hour Division enforces federal wage and hour laws, including FLSA, FMLA, and other federal labor standards.
What WHD Handles:
- Fair Labor Standards Act violations (minimum wage, overtime, recordkeeping, child labor)
- Family and Medical Leave Act violations
- Migrant and Seasonal Agricultural Worker Protection Act violations
- Federal contractor wage requirements (Davis-Bacon, Service Contract Act)
New Orleans District Office (serving Louisiana):
Address:
U.S. Department of Labor
Wage and Hour Division
600 South Maestri Place, Suite 702
New Orleans, LA 70130
Phone: (504) 589-6171
Website: https://www.dol.gov/agencies/whd
File Complaint: https://www.dol.gov/agencies/whd/contact/complaints
Source: U.S. Department of Labor, Wage and Hour Division Verified: January 13, 2026
How to File:
- Online: WHD complaint website
- Phone: Call local WHD office
- In person: Visit local WHD office
WHD complaints do not need to be in writing and can be filed anonymously. WHD will investigate and may pursue back wages and penalties on behalf of employees.
6.7 Private Lawsuits
Employees may file lawsuits in state or federal court to enforce employment rights, depending on the legal claims involved.
Availability of Private Lawsuits:
- After exhausting administrative remedies (for certain claims requiring agency complaints first)
- For breach of employment contract
- For violations of employment statutes permitting private actions
- For common law torts (such as wrongful termination in violation of public policy)
Legal Requirements:
- Strict deadlines (statutes of limitations) apply to all claims
- Attorney’s fees may be available for prevailing parties in certain types of cases
- Available remedies may include back pay, front pay, compensatory damages, punitive damages, reinstatement, and other relief
Employment attorneys can provide information about available legal claims and appropriate forums.
6.8 Complaint Filing Procedures and Deadlines
Documentation
Employment law complaints may require supporting documentation including:
- Pay stubs, time records, and employment documents
- Records of incidents (dates, times, witnesses, statements)
- Emails, text messages, and other communications
- Notes of conversations with supervisors or HR
Filing Deadlines
Strict deadlines apply to many employment claims. Claims filed after applicable deadlines may be dismissed. Deadlines vary by type of claim and jurisdiction.
Accuracy Requirements
Complaints must contain truthful and accurate information. Employees filing complaints are required to provide complete and honest information. Errors or omissions that are discovered must be corrected promptly.
Record Retention
Employees filing complaints receive copies of all complaints and correspondence. Submission dates, methods, reference numbers, and case numbers are recorded by enforcement agencies.
Agency Response Requirements
Enforcement agencies may request additional information during investigations. Agencies have established response timeframes for complaint processing. Employees may check complaint status through agency systems.
Legal Representation
Employees may consult with employment attorneys regarding employment law matters. Many attorneys offer initial consultations. Legal aid organizations may assist qualifying low-income workers. Bar associations provide attorney referral services.
Retaliation Protections
Federal and Louisiana law prohibit retaliation for filing complaints. Adverse actions occurring after complaint filing may constitute retaliation. Retaliation may be reported to enforcement agencies.
Remote Work in Louisiana
7.1 Overview of Remote Work Considerations
Remote work, also called telecommuting or telework, has become increasingly common. Louisiana employment laws apply to remote workers, though specific considerations arise for employees working from home or other remote locations.
Employment Law Application
Employment laws generally apply to remote workers in the same manner as on-site workers:
- Minimum wage and overtime requirements apply
- Anti-discrimination laws apply
- Accommodation requirements apply
- Workplace safety obligations apply (with modifications)
- Workers’ compensation may cover work-related injuries at home
Employer Policies
Employers may establish remote work policies addressing:
- Eligibility criteria for remote work
- Work hours and availability expectations
- Communication and reporting requirements
- Equipment and technology provision
- Expense reimbursement
- Home office safety requirements
- Data security and confidentiality
7.2 Right to Request Remote Work
Louisiana does not have a state law establishing a right to request remote work arrangements.
Search Conducted:
- Louisiana Legislature website: https://legis.la.gov/
- Search terms: “right to request remote work”, “telecommuting law”, “flexible work arrangements”
- Date: January 13, 2026
- Result: No Louisiana statute establishing right to request remote work
Federal Law
Federal law does not establish a general right to request remote work. However, remote work may be a reasonable accommodation under:
- Americans with Disabilities Act (for employees with disabilities)
- Pregnant Workers Fairness Act (for pregnancy-related limitations)
- Title VII (for religious accommodations)
Accommodation-Based Remote Work
Employees may request remote work as a reasonable accommodation when:
- A disability limits the ability to commute or work on-site
- Pregnancy-related conditions make on-site work difficult
- Religious practices conflict with on-site work requirements
Employers must engage in the interactive process to determine if remote work is an effective reasonable accommodation that does not pose undue hardship.
Source: EEOC guidance on COVID-19 pandemic and accommodations (illustrating remote work as potential accommodation) Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
7.3 Return to Office Mandates
Employers generally have the right to require employees to return to office or on-site work locations, subject to accommodation obligations and any contractual commitments.
Employer Authority
Absent specific contractual provisions, employment policies, or collective bargaining agreements requiring remote work, employers may:
- Mandate return to office
- Establish hybrid work arrangements
- Change work location requirements
Accommodation Obligations
When mandating return to office, employers must:
- Consider accommodation requests from employees with disabilities
- Evaluate pregnancy-related accommodation requests
- Assess religious accommodation requests
Employers cannot use return-to-office mandates as a pretext for discrimination or retaliation.
7.4 Additional Resources
For comprehensive information about remote work laws and best practices, refer to specialized resources addressing:
- Remote work policies and agreements
- Tax implications of remote work
- Multi-state employment considerations
- Technology and cybersecurity requirements
- Expense reimbursement obligations
Remote work raises complex employment law issues beyond the scope of this general Louisiana employment law guide. Employment attorneys can provide guidance on remote work program legal requirements.
2026 Updates and Recent Developments
8.1 Major Legislation Affecting Louisiana Employment Law (2026)
Louisiana employment law continues to evolve through legislative action and regulatory updates. The following information reflects the status of Louisiana employment law as of January 2026.
Minimum Wage Proposals
Several proposals to establish a Louisiana state minimum wage have been introduced in recent legislative sessions but have not been enacted as of January 2026.
House Bill 226 (2024 Regular Session): Proposed establishing a state minimum wage of $10 per hour beginning January 1, 2025, increasing to $12 per hour beginning January 1, 2026.
Status: Not enacted
Source: HB 226, 2024 Regular Session Available at: https://www.legis.la.gov/legis/ViewDocument.aspx?d=1348757
Senate Bill 481 (2024 Regular Session): Proposed establishing a state minimum wage structure with graduated increases.
Status: Not enacted
Louisiana continues to follow the federal minimum wage of $7.25 per hour for covered employment.
Workforce Commission Restructuring
House Bill 624 (2025 Regular Session): Proposed renaming the Louisiana Workforce Commission as “Louisiana Works” and restructuring certain administrative functions.
Source: HB 624, 2025 Regular Session Available at: https://www.legis.la.gov/legis/ViewDocument.aspx?d=1404651 Status: Legislative activity ongoing as of January 2026
8.2 Federal Employment Law Updates Affecting Louisiana (2026)
Pregnant Workers Fairness Act Implementation
The Pregnant Workers Fairness Act, which took effect June 27, 2023, continues to be implemented. The EEOC issued final regulations effective June 18, 2024, providing detailed guidance on reasonable accommodations for pregnancy-related limitations.
Source: Equal Employment Opportunity Commission Final Regulations: 29 C.F.R. Part 1636 EEOC PWFA Information: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
Louisiana employers with 15 or more employees must comply with PWFA accommodation requirements.
FLSA Overtime Exemption Salary Threshold
The U.S. Department of Labor’s overtime exemption salary threshold continues to be subject to regulatory changes and legal challenges. Current salary thresholds for executive, administrative, and professional exemptions are available from the DOL.
Source: U.S. Department of Labor, Wage and Hour Division Current Information: https://www.dol.gov/agencies/whd/overtime
NLRB Joint Employer Standard
The National Labor Relations Board continues to refine standards for joint employer status, which affects franchisors, staffing agencies, and businesses using contractors. Changes to joint employer standards impact Louisiana businesses subject to NLRB jurisdiction.
Source: National Labor Relations Board Current Information: https://www.nlrb.gov/
8.3 Louisiana Workforce Commission Updates
The Louisiana Workforce Commission administers unemployment insurance, job training programs, and certain labor law enforcement functions. Current initiatives include:
- Modernization of unemployment insurance systems
- Enhancement of job training programs
- Coordination with employers on workforce development
- Implementation of federal grant programs
Source: Louisiana Workforce Commission Website: http://www.lwc.la.gov/ Verified: January 13, 2026
8.4 Sources for Employment Law Updates
Louisiana employees and employers may obtain employment law updates from the following sources:
Legislative Updates:
- Louisiana State Legislature: https://www.legis.la.gov/
- Legislative session schedules and bill tracking available online
- Regular session typically convenes in March/April annually
Agency Updates:
- Louisiana Workforce Commission: http://www.lwc.la.gov/
- Louisiana Commission on Human Rights: https://humanrights.la.gov/
- U.S. Department of Labor: https://www.dol.gov/
- Equal Employment Opportunity Commission: https://www.eeoc.gov/
Professional Resources:
- Employment law attorneys and consultants
- HR professional associations
- Industry-specific trade associations
8.5 Pending Legislation
Proposed legislation that may affect employment law in Louisiana includes:
- Minimum wage proposals
- Paid family and medical leave proposals
- Workplace safety enhancements
- Anti-discrimination law expansions
- Worker classification standards
Legislative proposals can be tracked through the Louisiana State Legislature website at https://www.legis.la.gov/.
8.6 Quarterly Review Schedule
This guide follows a quarterly review schedule to ensure accuracy:
2026 Review Schedule:
- Q1 2026: January-March (Current review completed January 2026)
- Q2 2026: April-June
- Q3 2026: July-September
- Q4 2026: October-December
Major legal changes or new legislation will trigger immediate updates outside the quarterly schedule.
Resources
10.1 Louisiana Government Agencies
Louisiana Workforce Commission
Administers unemployment insurance, job training programs, and certain labor law enforcement functions.
Address: Louisiana Workforce Commission, P.O. Box 94094, Baton Rouge, LA 70804-9094
Phone: (225) 342-3111
TDD: (800) 259-5154
Website: http://www.lwc.la.gov/
Services: Unemployment insurance, new hire reporting, wage and hour enforcement, job training programs, labor market information
Louisiana Commission on Human Rights
Investigates and resolves employment discrimination complaints under Louisiana law.
Mailing Address: P.O. Box 3776, Baton Rouge, LA 70821
Physical Address: 1001 North 23rd Street, Suite 262, Baton Rouge, LA 70802
Website: https://humanrights.la.gov/
Services: Discrimination complaint investigation, mediation, enforcement of Louisiana anti-discrimination laws
Louisiana State Legislature
Provides access to Louisiana statutes, legislative bills, and session information.
Website: https://www.legis.la.gov/
Resources: Louisiana Revised Statutes, bill tracking, legislative session schedules, committee information
10.2 Federal Agencies
U.S. Department of Labor – Wage and Hour Division
Enforces federal wage and hour laws including FLSA and FMLA.
New Orleans District Office: 600 South Maestri Place, Suite 702, New Orleans, LA 70130
Phone: (504) 589-6171
Website: https://www.dol.gov/agencies/whd
Services: FLSA enforcement, FMLA enforcement, wage complaint investigations, compliance assistance
Equal Employment Opportunity Commission
Enforces federal employment discrimination laws.
New Orleans District Office: 701 Loyola Avenue, Suite 600, New Orleans, LA 70113
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/
Services: Discrimination charge filing, investigation, mediation, enforcement
Occupational Safety and Health Administration
Enforces workplace safety laws.
Baton Rouge Area Office: 9100 Bluebonnet Centre Boulevard, Suite 201, Baton Rouge, LA 70809
Phone: (225) 298-5458
Website: https://www.osha.gov/
Services: Workplace safety complaint investigations, inspections, compliance assistance, training
National Labor Relations Board
Enforces federal labor law regarding unions and collective bargaining.
Region 15 (New Orleans): 600 South Maestri Place, 7th Floor, New Orleans, LA 70130
Phone: (504) 589-6361
Website: https://www.nlrb.gov/
Services: Union election oversight, unfair labor practice investigations, collective bargaining support
10.3 Key Federal Employment Law Publications
U.S. Department of Labor Resources:
- Handy Reference Guide to the Fair Labor Standards Act: https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa
- FLSA Fact Sheets: https://www.dol.gov/agencies/whd/fact-sheets
- FMLA Fact Sheets: https://www.dol.gov/agencies/whd/fmla/fact-sheets
- elaws Advisors (interactive compliance tools): https://www.dol.gov/agencies/whd/compliance-assistance/elaws
EEOC Resources:
- Small Employer Guidance: https://www.eeoc.gov/employers/small-business
- Fact Sheets on Various Laws: https://www.eeoc.gov/laws/guidance
- Posting Requirements: https://www.eeoc.gov/poster
OSHA Resources:
- Small Business Safety Resources: https://www.osha.gov/smallbusiness
- Worker Rights and Responsibilities: https://www.osha.gov/workers
- Safety and Health Topics: https://www.osha.gov/topics
10.4 Legal Assistance
For legal representation and advice, individuals may consult with licensed Louisiana attorneys. Attorney contact information can be obtained through:
Court Clerk Offices: Local court clerk offices maintain lists of attorneys licensed to practice in Louisiana.
Online Attorney Directories: The Louisiana Supreme Court maintains the official Louisiana Attorney Disciplinary Board database of licensed attorneys.
Referrals: Individuals may seek attorney referrals from trusted sources, professional contacts, or through local court systems.
Legal Representation: Employment law matters often require specialized legal expertise. Relevant factors in attorney selection include:
- Experience in employment law
- Familiarity with Louisiana employment statutes
- Fee structure and payment arrangements
- Availability and communication practices
Consultation: Many employment attorneys offer initial consultations, sometimes at reduced rates or free of charge. Contact attorneys directly to inquire about consultation availability and fees.
10.5 Additional Resources
Louisiana Department of Justice
Website: https://www.ag.state.la.us/
Services: Consumer protection, legal guidance on state law
Louisiana Department of Revenue
Website: https://revenue.louisiana.gov/
Services: Tax withholding requirements, unemployment insurance tax information
Louisiana Secretary of State
Website: https://www.sos.la.gov/
Services: Business registration, commercial law information
U.S. Citizenship and Immigration Services
Website: https://www.uscis.gov/
Services: Form I-9 information, E-Verify, employment authorization verification
10.6 Updates and Monitoring
Staying informed about employment law changes is essential for both employees and employers. Monitor these sources for updates:
Legislative Updates:
- Louisiana State Legislature website (https://www.legis.la.gov/) for bill tracking and legislative session information
- Subscribe to legislative alerts and newsletters
- Follow relevant legislative committees
Agency Updates:
- Subscribe to agency email lists and newsletters
- Louisiana Workforce Commission updates: http://www.lwc.la.gov/
- EEOC newsroom: https://www.eeoc.gov/newsroom
- DOL news releases: https://www.dol.gov/newsroom
Professional Resources:
- Employment law attorneys
- Human resources professionals
- Industry publications
Legal Publications:
- Employment law blogs and newsletters
- Legal news services
Frequently Asked Questions - Louisiana Employment Law
1. What is employment law in Louisiana?
Employment law in Louisiana encompasses the body of federal and state laws, regulations, and court decisions governing the relationship between employers and employees. Louisiana employment law includes wage and hour standards, anti-discrimination protections, workplace safety requirements, unemployment insurance, workers’ compensation, and other employment-related matters. Louisiana follows federal law for many employment standards, including minimum wage (federal minimum wage of $7.25/hour), overtime requirements, and many anti-discrimination protections, while maintaining state-specific laws in areas such as final paycheck timing, equal pay protections, and certain discrimination prohibitions.
2. What is the difference between labor law and employment law?
Employment law and labor law are related but distinct areas. Employment law is the broader framework governing individual employee rights and employer obligations, including wages, hours, discrimination, harassment, accommodation, termination, and workplace safety. It applies to all covered employment relationships regardless of union status. Labor law is a subset of employment law specifically addressing collective workplace issues such as union organizing, collective bargaining, union elections, unfair labor practices, and strikes. Labor law applies primarily to unionized workplaces and organizing campaigns. Most Louisiana employees work in non-unionized settings and are covered by employment law without labor law involvement. Labor law in Louisiana is primarily governed by federal statutes, particularly the National Labor Relations Act enforced by the National Labor Relations Board.
3. Is Louisiana an at-will employment state?
Yes, Louisiana follows the at-will employment doctrine, which is the default rule for most employment relationships in the state. Under at-will employment, either the employer or employee may terminate the employment relationship at any time, for any reason not prohibited by law, or for no reason at all, with or without notice. However, important exceptions exist. Employers cannot terminate employees for discriminatory or retaliatory reasons prohibited by state or federal law. Employment contracts (written or oral) can modify the at-will relationship and establish specific termination procedures or grounds for termination. Public policy exceptions protect employees from termination for refusing to violate the law, exercising statutory rights, or fulfilling legal obligations. Collective bargaining agreements also modify at-will employment and establish specific termination procedures. While at-will employment is the general rule, these exceptions provide important employee protections.
4. What is the minimum wage in Louisiana for 2026?
Louisiana does not have a state minimum wage law. Employers subject to the Fair Labor Standards Act must pay the current federal minimum wage of $7.25 per hour. This federal minimum wage has been in effect since July 24, 2009, and remains the applicable minimum wage for covered Louisiana employers as of 2026. Proposals to establish a Louisiana state minimum wage have been introduced in the legislature but have not been enacted. Louisiana employers must comply with all FLSA requirements, including minimum wage, overtime, recordkeeping, and child labor protections. Certain employees may be exempt from minimum wage requirements under federal law, including executive, administrative, and professional employees meeting specific criteria. Tipped employees may be paid a lower direct cash wage if tips bring total compensation to at least the federal minimum wage.
5. Does Louisiana require overtime pay?
Louisiana does not have state-specific overtime requirements. Covered employers must comply with federal overtime provisions under the Fair Labor Standards Act. Federal law requires employers to pay non-exempt employees time and one-half their regular rate of pay for all hours worked over 40 in a workweek. This federal requirement applies to most Louisiana employers and employees. Unlike some states, Louisiana does not require daily overtime (overtime after 8 hours in a day) or double-time pay. The 40-hour weekly threshold is the only overtime trigger under federal law applicable in Louisiana. Certain employees are exempt from overtime requirements, including executive, administrative, professional, and outside sales employees meeting federal exemption criteria, as well as certain computer professionals and other categories specified in federal regulations. Employers must maintain accurate time records and calculate overtime properly based on all hours worked in the workweek.
6. Are employers in Louisiana required to provide meal or rest breaks?
No, Louisiana does not have state laws requiring employers to provide meal periods or rest breaks for adult employees. Federal law also does not mandate meal or rest breaks for adult workers. Break policies in Louisiana are determined by employer policies, employment contracts, or collective bargaining agreements rather than state legal requirements. However, if employers voluntarily provide breaks, federal law establishes payment requirements. Short breaks (usually 5 to 20 minutes) must be paid as compensable work time and counted in determining if overtime is due. Meal periods (typically 30 minutes or longer) where employees are completely relieved of duties may be unpaid. Employers who provide breaks cannot discriminate in providing them based on protected characteristics. Louisiana does have specific break requirements for minor employees under certain circumstances. While not legally required to provide breaks, many Louisiana employers offer breaks as a matter of workplace policy or practice.
7. What are my employee rights in Louisiana?
Louisiana employees have numerous rights under state and federal law. Wage and hour rights include receiving at least the federal minimum wage of $7.25 per hour, overtime pay at time-and-one-half for hours over 40 per workweek, and timely payment of all earned wages including final paychecks upon termination. Anti-discrimination rights protect against employment discrimination based on race, color, religion, sex, national origin, age (40+), disability, genetic information, pregnancy, military status, and natural/protective/cultural hairstyle. Employees have the right to reasonable accommodations for disabilities, pregnancy-related limitations, and religious practices unless such accommodations would impose undue hardship on the employer. Workers have the right to a workplace free from sexual harassment and hostile work environment. Family and Medical Leave Act rights provide eligible employees unpaid leave for qualifying family and medical reasons. Workplace safety rights include a safe workplace free from recognized hazards and the right to report unsafe conditions without retaliation. Employees have the right to discuss wages with coworkers, file complaints about employment law violations, participate in investigations, and oppose discriminatory practices without retaliation. These rights apply to most but not all Louisiana employees, depending on employer size and other factors.
8. Can my employer fire me for any reason in Louisiana?
Generally yes, but with very important exceptions. Louisiana follows the at-will employment doctrine, meaning employers can terminate employment for any reason or no reason. However, employers cannot fire employees for illegal reasons. Protected reasons include discrimination based on race, color, religion, sex, national origin, age (40+), disability, genetic information, pregnancy, military status, or natural/protective/cultural hairstyle. Employers cannot terminate employees in retaliation for filing discrimination complaints, reporting workplace safety violations, requesting reasonable accommodations, discussing wages, taking FMLA leave, serving on jury duty, voting, or opposing illegal employer practices. Public policy exceptions prohibit termination for refusing to violate the law or exercising statutory rights. Employment contracts (written or oral) may limit an employer’s ability to terminate and establish specific grounds or procedures for termination. Collective bargaining agreements typically establish “just cause” standards and grievance procedures. While the at-will doctrine gives employers significant flexibility, these exceptions provide important employee protections against wrongful termination.
9. How do I file a discrimination complaint in Louisiana?
Louisiana employees experiencing workplace discrimination can file complaints with state and federal agencies. For state law violations, file with the Louisiana Commission on Human Rights. The LCHR investigates discrimination based on race, color, religion, sex, national origin, age, disability, and other protected characteristics under Louisiana law. Contact LCHR at P.O. Box 3776, Baton Rouge, LA 70821, or visit their website at https://humanrights.la.gov/ for filing procedures. For federal law violations, file with the Equal Employment Opportunity Commission. The EEOC enforces federal anti-discrimination laws including Title VII, ADEA, ADA, and others. File online at the EEOC public portal (https://publicportal.eeoc.gov/Portal/Login.aspx), by phone at 1-800-669-4000, or visit the New Orleans office at 701 Loyola Avenue, Suite 600, New Orleans, LA 70113. Strict deadlines apply: generally 300 days from the discriminatory act for EEOC charges in Louisiana. File complaints as soon as possible to preserve your rights. You can file with both agencies, and they often share information through work-sharing agreements. After filing, the agency investigates and may attempt mediation or conciliation. If no resolution is reached, you may receive a “right to sue” letter allowing you to file a lawsuit. Consider consulting an employment attorney for guidance on the complaint process and legal options.
10. Can I request remote work as a reasonable accommodation in Louisiana?
Potentially yes, depending on specific circumstances. Remote work may be a reasonable accommodation under the Americans with Disabilities Act for employees with disabilities. If a disability makes commuting or working on-site difficult or impossible, employees can request remote work as an accommodation. Employers must engage in an interactive process to determine if remote work is effective and does not impose undue hardship. Relevant factors include whether the job’s essential functions can be performed remotely, technology requirements, communication needs, supervision requirements, and impact on business operations. Under the Pregnant Workers Fairness Act, employees may request remote work for pregnancy-related limitations when on-site work poses difficulties. Religious accommodations under Title VII might include remote work if religious practices conflict with on-site work requirements. Requesting remote work as an accommodation does not guarantee approval. Employers may deny requests if remote work would fundamentally alter the position, create safety concerns, prevent performance of essential functions, or impose undue hardship. Employers may explore alternative accommodations when preferred accommodations are denied. Employees denied remote work accommodation or whose employers fail to engage in the interactive process may file complaints with the EEOC or consult with an employment attorney.
11. What are employer obligations in Louisiana?
Louisiana employers have extensive obligations under state and federal employment law. Wage and hour obligations include paying at least federal minimum wage ($7.25/hour), paying overtime at time-and-one-half for hours over 40 per workweek, maintaining accurate time and payroll records, paying final wages within required timeframes (next regular payday or 15 days, whichever is first), and prohibiting discriminatory pay practices. Anti-discrimination obligations require employers to prohibit discrimination and harassment, investigate complaints promptly and thoroughly, provide reasonable accommodations for disabilities, pregnancy, and religion, and avoid retaliation against employees exercising protected rights. Posting requirements mandate display of federal and state workplace posters including FLSA minimum wage, EEO, FMLA (if applicable), OSHA, and Louisiana unemployment insurance notices. Reporting and recordkeeping obligations include completing Form I-9 for all new hires, reporting new hires to Louisiana Workforce Commission within 20 days, maintaining payroll records for three years and supporting documentation for two years, and keeping medical information confidential. Workplace safety obligations require maintaining a safe workplace, complying with OSHA standards, reporting workplace injuries and illnesses, and providing required safety training. Leave obligations for covered employers include providing FMLA leave (employers with 50+ employees) and complying with other applicable leave laws. These obligations apply based on employer size, industry, and other factors.
12. What workplace posters are required in Louisiana?
Louisiana employers must display various federal and, in some cases, state workplace posters. Required federal posters for most employers include the Fair Labor Standards Act minimum wage poster (available at https://www.dol.gov/agencies/whd/posters/flsa), Equal Employment Opportunity “EEO is the Law” poster (available at https://www.eeoc.gov/poster), Employee Polygraph Protection Act poster (available at https://www.dol.gov/agencies/whd/posters/eppa), and OSHA “Job Safety and Health: It’s the Law” poster (available at https://www.osha.gov/publications/poster). Employers with 50 or more employees must display the Family and Medical Leave Act poster (available at https://www.dol.gov/agencies/whd/posters/fmla). Most private sector employers must display the Employee Rights Under the National Labor Relations Act poster. Federal contractors have additional posting requirements. Louisiana state posters include unemployment insurance notices and workers’ compensation notices, both available from the Louisiana Workforce Commission at http://www.lwc.la.gov/. Employers must post these notices in conspicuous locations where employees can easily see them, post in languages spoken by employees if there’s a significant non-English speaking workforce, maintain current poster versions, and provide access to remote workers through electronic posting or mailings. All federal employment law posters can be obtained free from the respective federal agencies’ websites. Louisiana state posters are available from the Louisiana Workforce Commission.
13. What recordkeeping requirements apply to Louisiana employers?
Louisiana employers must maintain various employment records under federal and state law. Under the Fair Labor Standards Act, employers must keep payroll records for each non-exempt employee including personal information (name, address, Social Security Number, birth date if under 19, sex, occupation), time worked (hours each workday, total hours each workweek), wage information (basis of pay, regular hourly rate, straight-time and overtime earnings, deductions, total wages), and payment information (date of payment and pay period covered). Payroll records must be retained for three years and records supporting wage computations for two years. Under the Louisiana Equal Pay for Women Act, employers must maintain records documenting employee names and addresses, positions held, wages paid, and sex of employees. These records must be retained for at least three years from the last date of employment. Form I-9 employment eligibility verification must be maintained for three years after hire or one year after employment ends, whichever is later. Federal laws require maintenance of personnel records including employment applications, job descriptions, performance evaluations, disciplinary records, promotion/transfer/termination records, training records, leave records, and benefit enrollment records. Various federal laws impose retention requirements typically ranging from one to three years after termination. The ADA requires medical information to be kept confidential in separate files apart from personnel files. Records must be maintained in organized, accessible manner for agency audits or legal proceedings.
14. Does Louisiana require paid sick leave for private sector employees?
No, Louisiana does not have a state law requiring private sector employers to provide paid sick leave to employees. As of January 2026, Louisiana has not enacted legislation mandating paid sick leave for private employers. Proposals to establish paid sick leave requirements have been introduced in the legislature but have not been enacted. Sick leave policies in Louisiana’s private sector are determined by employer policies, employment contracts, or collective bargaining agreements rather than state legal mandates. Federal law also does not require private sector employers to provide paid sick leave, though the Family and Medical Leave Act requires covered employers to provide unpaid leave for qualifying medical and family reasons. Public sector employees in Louisiana (state employees, teachers, other public employees) may be entitled to sick leave under specific Louisiana statutes governing public employment. Louisiana Revised Statutes establish sick leave provisions for classified and unclassified state employees, public school teachers, and other public sector workers. Private sector employers may voluntarily offer paid sick leave as an employee benefit. When employers choose to provide paid sick leave, they must administer leave policies in a non-discriminatory manner and honor their stated policies. Some Louisiana municipalities may have local sick leave ordinances.
15. What protections exist for remote workers in Louisiana?
Remote workers in Louisiana are protected by the same employment laws that apply to on-site workers, with some practical adaptations. Wage and hour protections require employers to pay at least federal minimum wage, provide overtime pay for hours over 40 per workweek, and maintain accurate time records for remote workers. Employers must establish clear policies on work hours, time tracking, and availability expectations for remote employees. Anti-discrimination laws fully apply to remote workers, protecting against discrimination, harassment, and retaliation. Remote work may be a reasonable accommodation under the ADA for employees with disabilities, under the PWFA for pregnancy-related limitations, or under Title VII for religious practices. Workplace safety obligations extend to home workplaces, though OSHA enforcement is modified for remote work settings. Workers’ compensation may cover work-related injuries occurring in home offices during work hours, though specific coverage depends on state workers’ compensation law and circumstances. Employers must provide remote workers access to required workplace posters through electronic posting or mailings. Louisiana does not have specific remote work legislation establishing rights to request remote work, work-from-home mandates, or remote work protections beyond general employment law. Employers may establish remote work policies, change remote work arrangements (subject to accommodation and contractual obligations), and mandate return to office. Written remote work policies typically address expectations, equipment, expenses, confidentiality, and data security.