| LOUISIANA |
| Quick Links |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Louisiana employers must provide a meal period to employees under the age of 18 years
who are scheduled to work 5 consecutive hours. The meal period does not need to be
paid. Louis. Rev. Stat. 23: 213.
Louisiana does not have any laws requiring an employer to provide a meal period or
breaks to employees 18 years of age or older, thus the federal rule applies. The federal
rule does not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting less than 20
minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to
be paid, so long as the employee is free to do as they wish during the meal or lunch
period. DOL: Breaks and Meal Periods.
Louisiana employers must provide a meal period to employees under the age of 18 years
who are scheduled to work 5 consecutive hours. The meal period does not need to be
paid. Louis. Rev. Stat. 23: 213.
Louisiana does not have any laws requiring an employer to provide a meal period or
breaks to employees 18 years of age or older, thus the federal rule applies. The federal
rule does not require an employer to provide either a meal (lunch) period or breaks.
However, if an employer chooses to do so, breaks, usually of the type lasting less than 20
minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to
be paid, so long as the employee is free to do as they wish during the meal or lunch
period. DOL: Breaks and Meal Periods.
Vacation
In Louisiana, employers are not required to provide employees with vacation benefits,
either paid or unpaid. If an employer chooses to provide such benefits, it must comply with
the terms of its established policy or employment contract.
An employer cannot refuse to pay accrued or earned vacation to employees upon
separation from employment merely because they were terminated, regardless of the
reason. See Beard v. Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup.
Ct. 1998).
Accrued or earned vacation must be paid to an employee upon separation from
employment if the company policy or employment contract is silent on the matter. See
Beard v. Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998).
Louisiana courts are split regarding whether an employer can refuse to pay an employee
accrued or earned vacation upon separation from employment if the employee fails to
comply with certain conditions, such as giving two weeks notice. See e.g., Beard v. Summit
Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998) (Supreme Court
refused to explicitly state any restriction on payment of wages upon separation from
employment was unlawful, but cited favorably to those cases that do); Lee v. Katz and
Bestoff, Inc., 479 So.2d 459 (La. App. 1st Cir. 1985) (employer cannot place restrictions on
employees to receive payment for accrued vacation). Contra., e.g., Huddleston v. Dillard
Department Store, 638 So.2d 383 (La. App. 5th Cir. 1994) and Landry v. Pauli’s, Inc., 496
So.2d 431 (La. App. 5th Cir. 1986) (employers can place restrictions on employees when
paying out accrued vacation upon separation from employment).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Wyatt v. Avoyelles Parish School Board, 831 So.2d 906 (La. Sup. Ct. 2002); Beard v.
Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See Wyatt v. Avoyelles Parish School Board, 831 So.2d 906
(La. Sup. Ct. 2002).
In Louisiana, employers are not required to provide employees with vacation benefits,
either paid or unpaid. If an employer chooses to provide such benefits, it must comply with
the terms of its established policy or employment contract.
An employer cannot refuse to pay accrued or earned vacation to employees upon
separation from employment merely because they were terminated, regardless of the
reason. See Beard v. Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup.
Ct. 1998).
Accrued or earned vacation must be paid to an employee upon separation from
employment if the company policy or employment contract is silent on the matter. See
Beard v. Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998).
Louisiana courts are split regarding whether an employer can refuse to pay an employee
accrued or earned vacation upon separation from employment if the employee fails to
comply with certain conditions, such as giving two weeks notice. See e.g., Beard v. Summit
Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998) (Supreme Court
refused to explicitly state any restriction on payment of wages upon separation from
employment was unlawful, but cited favorably to those cases that do); Lee v. Katz and
Bestoff, Inc., 479 So.2d 459 (La. App. 1st Cir. 1985) (employer cannot place restrictions on
employees to receive payment for accrued vacation). Contra., e.g., Huddleston v. Dillard
Department Store, 638 So.2d 383 (La. App. 5th Cir. 1994) and Landry v. Pauli’s, Inc., 496
So.2d 431 (La. App. 5th Cir. 1986) (employers can place restrictions on employees when
paying out accrued vacation upon separation from employment).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Wyatt v. Avoyelles Parish School Board, 831 So.2d 906 (La. Sup. Ct. 2002); Beard v.
Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup. Ct. 1998).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See Wyatt v. Avoyelles Parish School Board, 831 So.2d 906
(La. Sup. Ct. 2002).
Severance
Louisiana law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Louisiana law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Louisiana law does not require employers to provide employees with either paid or unpaid
holiday leave. In Louisiana, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Louisiana law does not require employers to provide employees with either paid or unpaid
holiday leave. In Louisiana, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Louisiana has not established a minimum wage rate. In fact, Louisiana has passed a law
prohibiting any state or local government from establishing a minimum wage. Louis. Rev.
Stat. 23:642. Although, Louisiana prohibits the establishment of a minimum wage by state
governments, Louisiana employers are still required to pay the federal minimum wage
rate and comply with federal minimum wage laws. Currently, the federal minimum wage
rate is $7.25. Some exceptions apply. FLSA: Minimum Wage.
Louisiana has not established a minimum wage rate. In fact, Louisiana has passed a law
prohibiting any state or local government from establishing a minimum wage. Louis. Rev.
Stat. 23:642. Although, Louisiana prohibits the establishment of a minimum wage by state
governments, Louisiana employers are still required to pay the federal minimum wage
rate and comply with federal minimum wage laws. Currently, the federal minimum wage
rate is $7.25. Some exceptions apply. FLSA: Minimum Wage.
Overtime
Louisiana does not have laws governing the payment of overtime. Federal overtime laws
apply. See FLSA: Overtime for more information regarding overtime requirements.
Louisiana does not have laws governing the payment of overtime. Federal overtime laws
apply. See FLSA: Overtime for more information regarding overtime requirements.
Sick Leave
Louisiana law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. An employer in Louisiana may be required to provide an employee
unpaid sick leave in accordance with the Family and Medical Leave Act or other federal
laws.
Louisiana law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. An employer in Louisiana may be required to provide an employee
unpaid sick leave in accordance with the Family and Medical Leave Act or other federal
laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
| Wage and Hour Laws for Private Sector Employers |
RELATED TOPICS:
Jury Duty
Louisiana does not have any laws governing an employer's obligation related to an
employee's jury service. Thus, an employer would not be required to pay an employee for
responding to a jury summons or for serving on a jury.
Louisiana does not have any laws governing an employer's obligation related to an
employee's jury service. Thus, an employer would not be required to pay an employee for
responding to a jury summons or for serving on a jury.
| L |
