Louisiana Alligator
Venice, Louisiana
Venice, Louisiana
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Employment and Labor FAQs
Are there any legal restrictions against firing, suspending
or disciplining employees?
Louisiana is known as an employment-at-will state. Generally, this means
that an employer may legally hire, fire, suspend or discipline any employee
at any time and for any reason or for no reason at all. However, an employer
may not discriminate against any employee on the basis of the employee's
race, sex, age, religion, color, national origin, or disability. Louisiana
law also prohibits discrimination on the basis of pregnancy or childbirth,
sickle cell trait, handicap, and smoking.
Also, under the Louisiana "whistle blower's law", the employer may not take
any negative action against an employee who advises the employer that the
business is in violation of a law and the employee either discloses, threatens
to disclose, or testifies about the violation of law, or the employee objects
to or refuses to participate in an employment act in violation of law. This
law may be found at Louisiana Revised Statutes (R.S.) 23:967 and 30:2027.
There are other exceptions to Louisiana's employment-at-will doctrine. Louisiana
employees may not be disciplined or discharged at-will for:
Employees who are fired may still apply for unemployment insurance benefits. The Louisiana Department of Labor's Office of Regulatory Services will determine eligibility. Further information may at the Department of Labor web site.
What if I have a complaint about unfair labor practices? Americans with Disabilities Act - ADA:
Applicants for employment or employees having disabilities may be protected against employment discrimination by the Americans with Disabilities Act, or ADA.
Family and Medical Leave Act - FMLA:
Under the Family and Medical Leave Act, or FMLA, employers having 50 or more employees must grant medical leave to some employees in certain circumstances without the threat of the loss of their job.
National Labor Relations Board - NLRB:
Questions concerning unfair labor practices where a union is involved should be directed to the National Labor Relations Board (NLRB) at their Web site.
Failure to Give Breaks:
Neither state nor federal law requires that employees 18 years or older be given any break (including lunch). The failure to give a break is, therefore, not a violation of law.
How do I file a claim for discriminatory practices?
Discrimination:
Discrimination against employees is illegal under both Federal and State law. Employers may not discriminate against an employee on the basis of the employee's race, sex, age, religion, color, national origin or disability. Call us for more information.
Pregnancy Discrimination:
Louisiana also has a specific pregnancy discrimination law LA R.S. 23:342 that prohibits an employer having 25 or more employees from discriminating against a pregnant employee. Call us for more information.
What is the law concerning payment of wages to employees?
Final Paycheck:
Louisiana employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 15 days from the date of their discharge or termination. Wages include vacation time earned by the employee. An employee should send a written demand for payment of their final wages to their employer. After receipt of a written demand, the employer must pay all wages owed to the employee on a timely basis or be subject to a penalty that may be imposed by a court. You may review this law at R.S. 23:631 -632. Call us for more information.
Last Wages Due Deceased Employee:
Under certain circumstances, Louisiana law R.S. 9:1515 allows employers to pay to the surviving spouse or children of a deceased employee the last wages and other benefits due the deceased employee without a court order.
Late Payroll:
Louisiana law requires that most employees of the following four industries be paid wages on a timely basis: oil and gas, mining, manufacturers, and public service corporations. There is no Louisiana law, however, concerning the timeliness of payment to employees of other industries. Accordingly, there would be no state sanction imposed against those employers for missing a regularly scheduled payroll date and in paying their employees late.
Questions Concerning Overtime, Minimum Wage, or Salaried Employees: Louisiana has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. The United States Department of Labor's (USDOL) Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees. Call us for more information.
Unauthorized Deductions from Paycheck:
Under Louisiana law R.S. 23:635, an employer is prohibited from penalizing an employee or deducting any sum of money as a penalty or fine from the employee's wages, except where the employee damages property belonging to the employer or property in the possession of the employer. The deduction, though, cannot exceed the actual damage done.
Unauthorized Deductions from Paycheck:
Under Louisiana law R.S. 23:635, an employer is prohibited from penalizing an employee or deducting any sum of money as a penalty or fine from the employee's wages, except where the employee damages property belonging to the employer or property in the possession of the employer. The deduction, though, cannot exceed the actual damage done.
Have additional questions about Louisiana labor laws?Call us for more information.
