Louisiana

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

Louisiana does not have a minimum wage or overtime laws, thus has not adopted a definition of hours worked for purposes of compensation calculations. Because most employers and employees in Louisiana are subject to the federal Fair Labor Standards Act, the standards for hours worked set forth in that law typically apply.

Overtime

Louisiana has no general provision governing overtime pay, but most employees would be subject to the federal Fair Labor Standards Act, which requires that all nonexempt employees be paid at a rate of 1.5 times their regular rate of pay for all hours worked over 40 in a week.

Breaks

There is no general provision regarding rest breaks. There are no time standards for minors 16 and 17 years of age regarding the numbers of hours worked per day or per week, however, minors shall receive an 8-hour rest break at the end of each workday, before the commencement of the next day of work.

 

Breast Feeding Break

The law protects the right of a mother to breastfeed her baby “in any place of public accommodation, resort, or amusement.” While the law makes interference with this protected right a discriminatory practice, there is no penalty provided for noncompliance. Presumably, the law would be enforced by injunction.

Annual Leave

Louisiana does not have a paid or unpaid annual leave law that applies generally to private employees.

Minimum Wage

Louisiana has no minimum wage law. That means eligible employees in Louisiana are entitled to the federal minimum wage. The federal minimum wage is currently $7.25 per hour.

 

Tips & Gratuities

Employers of employees who regularly receive $30 a month or more in tips can claim a tip credit of up to $5.12 an hour; the minimum wage for these employees is $2.13 an hour. If an employee’s hourly average of tips plus wages is less than $7.25 an hour, the employer must make up the difference.

Meal Breaks

There are no general provisions in Louisiana for meal and rest periods. No minor under the age of 18 years may be employed, permitted, or suffered to work for any five hour period without one interval of at least thirty minutes within such period for meals. Such interval shall not be included as part of the working hours of the day.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States page for further details on this Federal law.
Military Leave

Employers must allow employees to take leave to perform service in the uniformed services. Employers can pay compensation to employees during their period of service if these employees are paid such compensation on a uniform basis. Employees can choose to use any amount or combination of their accrued annual leave, paid military leave, vacation, or compensatory leave during their period of service. Employees returning from such service are entitled to re-employment rights and benefits and other employment benefits if they meet certain eligibility requirements. However, re-employment isn’t required if employers can prove that it is impossible or unreasonable or that it would impose an undue hardship on them.

Pregnancy Leave

Eligible employees can take pregnancy disability leave for a reasonable period of time and use any accrued vacation leave during such period. A reasonable period of time means up to a four-month period where female employees are disabled because of pregnancy, childbirth, or related medical conditions. Employers can limit female employees to 6 weeks of disability leave for their normal pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy, childbirth, or related medical conditions as any other temporary disability. Employers must allow female employees affected by pregnancy, childbirth, or related medical conditions to receive the same benefits and privileges provided to other employees who have a similar ability or inability to work, including disability or sick leave and other accrued leave provided to temporarily disabled employees.

School Activity Leave

An employer may grant an employee leave from work of up to a total of sixteen hours during any twelve-month period to attend, observe, or participate in conferences or classroom activities related to the employee’s dependent children for whom he is the legal guardian that’s conducted at the child’s school or day care center, if the conferences or classroom activities cannot reasonably be scheduled during the non work hours of the employee. An employee who wishes to request leave shall provide reasonable notice to the employer prior to the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer.

Bone Marrow Donation Leave

An employer shall grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the employee, but may not exceed 40 work hours, unless agreed to by the employer. The employer may require verification by a physician of the purpose and length of each leave requested by the employee.

Emergency Response Leave

Employees who are volunteers engaged in activities involving the Governor’s Office of Homeland Security and Emergency Preparedness, and first responders (including but not limited to medical personnel, emergency and medical technicians, volunteer firemen, auxiliary law enforcement officers and members of the Civil Air Patrol) are entitled to time off from work when absent or late for work due to responding to a state of emergency prior to or during the time the employee is to report to work consistent with state and federal law.

Last updated on: September 20th, 2018