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1 Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR LOUISIANA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable, at the time you download it. Any substantive change to the contents of this document may result in potential legal liability for you and your company. Agent 77, Inc. accepts no liability or responsibility for any of our documents that have had the contents altered beyond simply filling in the appropriate blanks and/or replacing place holder text and adding your company logo and information. This document is provided to you with the understanding it is not a legal or accounting opinion and should not be construed as such, and that Agent 77, Inc. is not engaged in the business of rendering legal or accounting services. If you need specific advice on any legal or accounting issue, the services of a competent professional should be sought. Please see for more information. This and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013 Agent 77, Inc. Reminder: Agent 77 s license prohibits you from copying and distributing this STATE EMPLOYMENT REGULATIONS FOR LOUISIANA to anyone outside of your company. Doing so is a violation of this license and will result in the revocation of your subscription and/or prosecution under federal copyright laws as well as possible civil litigation. Please see for a copy of the current license agreement. Louisiana_Regs

2 What s New Louisiana requires that a minor employed in a creative or artistic endeavor, and who earns at least $500 have 15% of their gross earnings be put in a trust until the minor turns Louisiana requires employees of businesses with 20 or more employees who earn less than $35,000 per year be notified that they may be eligible for the federal Earned Income Tax Credit or the Advance Earned Income Credit Louisiana law now requires that final wages due upon the death of an employee be paid in full to the deceased employee s survivors Louisiana has no minimum wage law and thus follows the federal law which raised the minimum wage to $5.85 as of July 24, Louisiana has no minimum wage law and thus follows the federal law which raised the minimum wage to $6.55 as of July 24, Louisiana has no minimum wage law and thus follows the federal law which raised the minimum wage to $7.25 as of July 24, Changes were made to the following sections: Military Leave, Minimum Wage, Discrimination, Jury Duty, Child Labor, Family Leave and Payment of Wages. The following sections were added: Breast Feeding, New Hire Reporting, Access to Personnel Files, Job Reference Liability and Smoking Changes were made to the following section: State Continuation of Benefits. Louisiana_Regs

3 Introduction Employment laws vary from state to state with some being more employee-friendly than others. Federal regulations set minimum standards of worker protections that all employers of a given size must meet. Individual states, however, are free to grant workers additional or expanded rights or protections above this federal minimum. Virtually all employers in the U.S. are subject to federal employment regulations. Only the smallest, strictly local employers are not subject to federal regulations. If an employer does any of the following, they are participating in interstate commerce and are subject to federal employment regulations: Production of goods for commerce, such as transportation or communication Use of mail over state lines Interstate communications using the telephone Use of the Internet over state lines Interstate communications using electronic mail Make purchases from out-of-state vendors Sell to customers in other states This summary of employment regulations does not include information for those few employers not subject to the federal minimum employment regulations. Many states have regulations for public employers that are different than those for employers in the private sector. This document also does not include information on regulations (federal and state) that apply only to public sector employers. In this document we summarize the workplace regulations and worker protections available in Louisiana. Although not an exhaustive list, it covers the major topics small to mid-sized employers must deal with on a regular basis. Covered areas include: Wage, hour and overtime rules (including child labor and break rules); Leaves of absence (family leaves, voting time and jury duty); Discrimination and harassment regulations; and State rules on continuation of benefits. The federally mandated, but state run new-hire reporting requirements are covered under a separate document, available for download from Libretto or from the Agent 77 store. The following Quick View table summarizes these regulations. This is followed by a more detailed description of these regulations. Please be sure to read both carefully to understand your responsibilities under Louisiana and federal law. Also, see the resources section below for reference websites and Libretto tools that can help you comply with these regulations. Louisiana_Regs 1 of 10

4 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR LOUISIANA Topic Minimum Wage Overtime Payment of Wages Work Hours and Breaks Child Labor Jury Duty Voting Time Louisiana Regulation $7.25 / hour Tipped employees may be paid a minimum of $2.13 per hour Some localities have a higher minimum Non-exempt employees must be paid at least 1.5 times their regular rate for hours worked over 40 in a given week Non-exempt employees in manufacturing, oil drilling or mining, companies with at least 10 employees, or public service companies must be paid at least semi-monthly All other employees, including all exempt employees, must be paid on the 1st and the 16th if paydays aren't posted. Paydays must be published along with a required statement of employees payday rights (see below for text) Companies of 20 or more employees must notify any employee earning less than $35,000 that they may be eligible for the federal Earned Income Tax Credit or the Advance Earned Income Credit Final paychecks must be delivered no later than the payday following termination or 15 days after the last day of employment, whichever is earlier Final wages due upon the death of an employee be paid in full to the deceased employee s survivors Employees may be due vacation time upon termination Louisiana has no break time rules, except for minors. Employers employing minors under 16 must keep an employment certificate on file (issued by Superintendent of Schools) Required 30-minute break after 5 hours worked Federal and Louisiana law prohibit minors in certain occupations. See the U.S. Department of Labor and the Louisiana Department of Labor for information on these prohibitions (contact information is in the reference section). See the details section below for restrictions on hours minors may work Minors employed in a creative or artistic endeavor must have 15% of their gross earnings be put in a trust until the minor turns 18. Posting and record-keeping provisions apply. Leave is required, but is only up to one day need be paid Employee must be reinstated to same position after completion of jury duty Louisiana has no voting time rules Louisiana_Regs 2 of 10

5 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR LOUISIANA Military Leave Family Leave Access to Personnel Files Breast Feeding New Hire Reporting Employers must grant up to 5 years of military leave Military leave is generally unpaid, but employees continue to accrue annual, vacation and sick leave Employees and their dependants may continue life and health insurance coverage, provided they continue to pay the amount that would have been deducted from their pay for this coverage Employee must be reinstated to same or equivalent position after completion of military leave Employers may not terminate or threaten to terminate any employee called to military service Special rules apply to retirement benefits for military leave Louisiana protects employment rights of military service members which are in addition to the federal law listed above. Companies of 20 or more employees must provide up to 40 hours of paid leave for employees to donate bone marrow Employers may grant up to 16 hours of unpaid leave in a given 12-month period for employees to attend school conferences or classroom activities Companies of 20 or more employees must grant up to 6 weeks of disability leave for a normal pregnancy and childbirth or up to 4 months of leave for pregnancy-related disability. Also, pregnancy must be treated as any other temporary disability with regards to reassigning disabled employees to less strenuous or hazardous duties. Also, employers with 50 or more employees must: Grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours Leave must be granted for birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for military leave and illness/injury of covered service member for military leave. Employee must be reinstated to same or equivalent position after completion of leave Benefits must be maintained during leave Louisiana has a separate leave law for emergency/disaster leave detailed below. Employees have the right to access certain records in their personnel files. A woman may breast feed her child in any location where she is authorized to be present. Employers are required to report certain information for new hires/rehires within 20 days of such hire/rehire. Louisiana_Regs 3 of 10

6 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR LOUISIANA Job Reference Liability Smoking in the Workplace Discrimination and Harassment Continuation of Benefits Employers are generally immune for liability if providing truthful information in good faith. Smoking is prohibited in places of employment. No smoking signs must be posted. Louisiana prohibits employers from discriminating based on national origin, race or color, religion, age (over 40), physical or mental disability, sickle-cell trait, protected genetic testing information or sex (including sexual harassment, pregnancy, childbirth, and other pregnancy-related conditions) Details and contact information are listed below. Louisiana_Regs 4 of 10

7 Wage, Hour and Overtime Rules Employers are subject to the federal minimum wage, hour and overtime rules through the Fair Labor Standards Act. This act specifies that businesses that do at least $500,000 in gross revenue, as well as all health care facilities and schools are subject to the federal rules. Also, employers involved in interstate commerce are subject to the federal rules. Minimum Wage Louisiana minimum wage is $7.25 per hour. Employers may pay tipped employees a minimum of $2.13 per hour, provided that the total wages plus tips come to at least the minimum of $7.25 per hour. There is an opportunity wage for under 20-year olds of $4.25 per hour for the first 90 days of employment. Be aware that certain local governments in Louisiana have a higher minimum wage for employees in their jurisdictions. Be sure to contact your city or county government to see if there are any local minimum wage rules for your business. Finally, both federal and Louisiana regulations allow employers to apply for licenses to pay sub-minimum wages to certain disabled persons. Please contact the U.S. Department of Labor or the Louisiana Department of Labor for more information on applying for these licenses. (Contact information for both are listed in the reference section below.) Overtime Louisiana also has the same overtime rules as the federal government. That is, for any hours worked over 40 in a given week, non-exempt employees must be paid at least one and one-half times their regular pay. Like the federal rules Louisiana exempts certain employees from overtime rules. Excluded employee classes include: executive, administrative, professional, outside sales people and computer professionals. (Use Libretto s FLSA Resource Package for help in determining whether a given employee is exempt). Louisiana also permits exemptions for certain small employers not involved in interstate commerce. See the Louisiana Department of Labor web site for a list of these exemptions. Payment of Wages Louisiana law requires that non-exempt employees of manufacturing companies, companies engaged in boring for oil or mining, any company employing ten or more employees, and every public service corporation be paid at least semi-monthly, on the 1st ad the 16th, if paydays aren't posted. nd as near as possible for pay periods two weeks apart. All other employees, including all exempt employees, must be paid at least monthly. These regular pay periods must be established and published for all employees and must include the following notice: "Your employer has a duty to inform you at the time of your hire what your wage rate will be, how often you will be paid and how you will be paid, and of any subsequent changes thereto. If your employer should, for reasons within his control, fail to pay you according to that agreement, you must first lodge a complaint with him. If no action is taken to resolve your complaint, you may report the violation to the office of labor within the Louisiana Department of Labor." Louisiana requires employees of businesses with 20 or more employees who earn less than $35,000 per year be notified that they may be eligible for the federal Earned Income Tax Credit or the Advance Earned Income Credit. Copies of notices provided by the IRS or the state of Louisiana for this purpose must be provided to the employee when hired and must also be posted where other required federal and states are posted. Louisiana_Regs 5 of 10

8 Louisiana requires that a terminating employee be paid for any accrued vacation in addition to all wages earned if, under the employer's policy they are eligible for and have accrued the right to take paid vacations, and they have not taken or been compensated for the vacation pay as of the date of discharge or resignation. Final paychecks must be delivered no later than the payday following termination or 15 days after termination, whichever is earlier. Deductions from the final paycheck may not be made without the employee's written consent, unless required by law. Also, final wages due following the death of an employee must be paid in full to the deceased employee s survivors. Work Hours and Breaks Louisiana has no break time rules, except for minors (see below). Child Labor The Louisiana Child Labor Law requires all employers employing minors under the age of 16 to have employment certificates on file (issued by a city or county superintendent of schools). Except with some limitations, no minor under the age of 14 may be employed in a gainful occupation at any time. Employers who employ minors less than 16 years of age are subject to strict limits for hours worked per day and per week for their minor employees: 1. When school is in session, children 14 and 15 years of age may work: During non-school hours; Up to 3 hours per day on a school day; Nor more than 18 hours per week in any week. 2. When school is NOT in session (including summer vacations and holidays), children under the age of 16 may NOT work. More than 6 consecutive days in a week; More than 8 hours per day; More than 40 hours per week. 3. Employers who employ minors 16 and 17 years of age who have not graduated from high school are subject to the following limits for hours worked per day and per week. These employees may NOT work: Before 5:00 AM or after 11:00 PM on any day preceding a school day, nor Before 5:00 AM or after 12:00 Midnight on any other day. Between the hours of 7:00PM and 7:00 Am except from June 1 through Labor Day when the permissible hours are extended to 9:00 PM. Both federal and Louisiana law prohibits minors from working in hazardous or certain other occupations. Please contact the U.S. Department of Labor or the Louisiana Department of Labor for more information on restricted occupations for minor employees. Louisiana law also requires that any minor working 5 or more continuous hours in a day be given a 30-minute break. Louisiana requires that a minor employed in a creative or artistic endeavor, and who earns at least $500, have 15% of their gross earnings be put in a trust until the minor turns 18. If Louisiana_Regs 6 of 10

9 no trust account is established for the minor, the 15% must be forwarded to the state, along with the minor s name and social security number, to keep in trust for the minor. Employers of minors must keep conspicuously posted at the place of employment a printed abstract folder of the child labor laws and a list of the occupations prohibited to minors. These are furnished by the Secretary of the Department of Employment. Employers must keep a record of each person employed that includes the daily and weekly hours worked. Leaves of Absence Jury Duty Employers must provide leave for jury duty, but need only pay for up to one full day s time for the leave (this includes wages and benefits). Also, employers may not terminate or threaten to terminate any employee called to jury duty, and employees must be restored to their position within the company as if they had been on furlough. Employees covered by FLSA exemptions serving on a jury must be paid their full salary (minus jury stipend) or risk losing their exemption status. Voting Time Louisiana has no voting time leave provisions. Military Leave Employees called to military service are considered to be on military leave. The following apply to employees on military leave, provided they apply for reemployment at the completion of their military leave: Military leave is generally unpaid, but employees continue to accrue annual, paid military, vacation and sick leaves as if they were still employed. Employees may use any annual, vacation, paid military or compensatory leave during their military leave. Employers may not deduct the cost of replacing an employee on military leave from any compensation paid to an employee on military leave. Employees and their dependants may continue on health and life insurance during military leave, provided they continue to pay to the employer the amount that would have been deducted from their pay for this coverage. Employees must be granted up to 5 years of military leave and must be restored to their position (or an equivalent position) within the company if they request reemployment after completion of their term of service. Also, employers may not terminate or threaten to terminate any employee called to military service, Please see Libretto s White Paper on USERRA for more details on military leave. Louisiana protects employment rights of employees who are members of, or apply to be members of, or perform, have performed or have an obligation to perform service in a uniformed service. Employees must be treated as being on military leave of absence during the period of service, provided the employee notifies the employer in writing of the intent to return to employment after the period of service ends. Employees may use any amount of accrued annual leave, paid military leave, vacation or compensatory leave during the period of military leave. Employees are entitled to reemployment within ten (10) days if 1) advance written or oral notice of the need for military leave was provided to the employer; 2) the Louisiana_Regs 7 of 10

10 cumulative length of absence does not exceed five (5) years; and 3) the person notifies the employer in writing of the intent to return to a position of employment with the employer. Family Leave Employers with 20 or more employees must grant employees up to 40 hours of paid leave to donate bone marrow. This is above and beyond any other leave or benefits an employee has accrued. It is not permitted to retaliate against any employee requesting this leave. Employers may grant employees up to 16 hours of unpaid leave in a given 12-month period to attend school or day-care conferences or classroom activities for their dependent children to whom the employee is the legal guardian. To be eligible, employees must give reasonable notice prior to the leave and must make a reasonable effort to schedule the time during non-working hours and if this is not possible, to schedule the time so to cause minimal disruption to operations. Employers with 25 or more employees must grant employees up to 6 weeks of disability leave for normal pregnancy and childbirth. Up to 4 months of disability leave must be granted for pregnancy-related disability. Also, if any employer has work rules granting employees on temporary disability to be transferred to less strenuous or hazardous duty must also transfer pregnant employees to these less strenuous duties. Federal law requires that employers with 50 or more employees must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours. This leave must be granted for the birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition qualifying exigency for military leave and illness/injury of covered service member for military leave. After completion of the leave the employee must be reinstated to the same or an equivalent position (as regards to salary, benefits and seniority). Also, benefits, such as health care coverage and retirement benefits, must be maintained during leave. Employees, included elected or appointed officials, who leave employment in order to perform first responder duties are eligible for temporary leave of absence. Employers must treat employees on disaster service volunteer leave according to the terms and conditions of the employer's stated policy regarding leaves of absence. First responders shall give notice to employers of their call to service as soon as practical. Temporary leave to participate in activities of the office of homeland security and emergency preparedness is unpaid leave. Employees may, with agreement of their employer, use any amount or combination of accrued or eligible paid leave, vacation, sick leave or compensatory leave while on leave and employers must not consider emergency and disaster leave a break in service for purposes of seniority or for benefits programs. Employees must be reinstated as if they have been on furlough. Other Employment Regulations Access to Personnel Files Employees have a right to access records relating to any confirmed positive drug test and any records relating to the results of any relevant certification, review, or suspension/revocation of certification proceedings. In addition, any current or former employee or the employee's designated representative has the right to access employer records of employee exposure to potentially toxic materials or harmful physical agents, and to employee medical records and analyses made using employee exposure or medical records. Louisiana_Regs 8 of 10

11 Breast Feeding A woman may breast feed her child in any location, public or private, where she is authorized to be present. New Hire Reporting Employers are required to report an employee or independent contractor's name, address, SSN and occupation as well as the employer's name, address and FEIN within 20 days of hire/rehire via federal form W-4 or similar. The reports are submitted to the Louisiana Directory of New Hires. Job Reference Liability An employer is immune from liability, if, on request by a prospective employer or a current/former employee, the employer provides accurate information about a current/former employee's job performance or reasons for separation. Smoking in the Workplace Smoking is prohibited in an enclosed areas within a place of employment and prominent "No Smoking" signs must be conspicuously posted. Discrimination and Harassment Louisiana prohibits discrimination or harassment based on: National origin Race or color Religion Age (over 40) Mental or physical disability Sickle-cell trait Smoking Protected genetic testing information, or Sex (including sexual harassment, pregnancy, childbirth, and other pregnancyrelated conditions). Additionally, employers with more than 15 employees are subject to GINA which prevents discrimination based on genetic testing. Informed consent must be obtained before an individual is tested for AIDS. Although Louisiana state law does not specifically prohibit sexual harassment, employers with 15 or more employees are covered by Title VII of the Civil Rights Act, as amended, which prohibits such harassment. Whistleblowing is protected. Louisiana_Regs 9 of 10

12 State Continuation of Benefits Benefits change frequently. Currently, state continuation coverage requirements apply to employers with fewer than 20 employees. Eligible employees have the right to continue coverage for up to twelve (12) months. The following link will provide access to state law: Resources/Posters Louisiana Department of Labor United States Department of Labor Louisiana Directory of New Hires Louisiana Commission on Human Rights Related Libretto Products FLSA Resource Package (for help in determining overtime exempt / non-exempt status of employees) Overtime Guidelines Break Period Guidelines Family Medical Leave of Absence Policy Military Leave of Absence Policy Jury Duty-Witness Leave Policy Voting Time Policy Prohibited Harassment and Nondiscrimination Policy & Employee Acknowledgement COBRA Continuation Coverage Policy General Notice of COBRA Continuation Coverage Rights COBRA Continuation Coverage Election Information: Notice And Form New Hire Reporting for Louisiana Louisiana_Regs 10 of 10