Knowledge — 7 months ago

Louisiana Labor Laws and Employee Rights in Louisiana

by Toni S.

Louisiana Labor Law, Louisiana Labor Laws

What are the Louisiana Labor Laws?

Labor laws in Louisiana have defined a break as any period where an employee is not performing his/her duties for a specific period.

Labor laws in Louisiana

The labor laws in the state also suggest that employee who is on a break and yet performs his/her work duties or takes phone calls is not regarded to have taken a break and hence should be compensated. As such, employers cannot say no to wages to such employees for such a period.

Louisiana employers need to give compensations for scheduled breaks taken for less than 30 minutes. In case any employers specifying the duration of a break while his/her employee takes a break, which exceeds that period, the former may not offer compensation.

Louisiana’s labor laws need its employers to offer a meal break for all employees below 18 years and have been working at a stretch for 5 hours. However, no such laws exist for all those employees who are above 18 years where the federal rule is applicable.

Labor laws in the state enable working mothers’ time to nurse their infants up to 1-year post giving birth. Such moms should be given a private and clean space (not a bathroom) for breastfeeding. Any employer who does not follow this will be violating labor laws in Louisiana.

Louisiana Labor Law

Louisiana wage & hour law

The pay standards to be followed by employers in Louisiana are set by the FSLA or federal Fair Labor Standards Act. These standards define the overtime pay, minimum wage, as well as, other related laws for wage and hour. Employers in the state should also pay the highest possible minimum wage to their employees as defined by local, federal, or state law. Since the state of Louisiana has not defined any minimum wages, it follows the minimum wage set by the FSLA.

 

In Louisiana, employers have the privilege of offering a lower wage on an hourly basis to their employees who get tips and the combined amount of tips and wage satisfies the minimum hourly wage criteria.

The state does not have any law related to overtime, but the FSLA protects the employees. The act needs employers to pay at the rate of time and ½ for hours worked more than the initial 40 hours in a week. However, exempted employees like salaried ones are not qualified by overtime in the state.

Louisiana Labor Laws

Harassment and discrimination laws in Louisiana

Employers in the state cannot make any decision based on factors like national origin, religion, pregnancy, sex, race, and color. In Louisiana, employers should not differentiate by attributes like disability, genetic information, or age.

The state law is also applicable for employers who have hired a minimum of 20 employees. These laws also cover issues related to sexual harassment. Any employee who makes a complaint about being a victim of sexual harassment is immune from any kind of retaliatory action by the employer irrespective of a complaint lodged by the concerned employee with the Louisiana Commission on Human Rights, a lawsuit, or the EEOC.

Louisiana severance pay
The state does not require its employees to offer severance pay to their terminated employees. In case any employer offers such a benefit, it will have to adhere to its internal policies defining a severance package.

Louisiana Workplace Safety & Injuries laws
The OSHA or Occupational Safety and Health Act need all its employers to maintain a safe workplace, which is free from hazards. All employers should offer essential safety equipment and training in their specific industry.

Also, employees enjoy the right to request for an Occupational Safety and Health inspection when they opine that their employer is not adhering to safety standards. Employees cannot take any retaliatory action against such an employee.


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