In 1997, the Louisiana Supreme Court ruled in Beard v. Summit Institute of Pulmonary Medicine and Rehabilitation that if an employer allows an employee to accrue unused vacation and be paid for it, then once it’s earned, accrued vacation pay is considered “wages.” State law requires that wages be paid upon separation from employment.
Louisiana Labor Laws
Louisiana Minimum Wage
Louisiana does not have its own minimum wage law. Therefore, employers in the state are required to pay at least $7.25 per hour, as mandated by federal law.
Louisiana Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.
History of Louisiana Labor Laws
Louisiana has never established its own minimum wage rate. It is one of five states that do not have a minimum wage law.
Municipality Minimum Wage Laws
Local governments in Louisiana are prohibited from setting their own minimum wage rates for employers, as established by a 1997 state law.
Louisiana Minimum Wage Exemptions
Employers in Louisiana should adhere to federal rules regarding exemptions from minimum wage requirements under the Fair Labor Standards Act (FLSA). These exemptions include:
- Executive, administrative, and professional employees, as well as outside sales employees and employees in certain computer-related occupations
- Employees of certain seasonal amusement or recreational establishments
- Certain farm workers
- Casual babysitters and individuals employed as companions to the elderly or infirm
Louisiana Posting Requirements
Required posters:
- Age Discrimination
- Minor Labor Law
- Independent Contractor or Employee
- Earned Income Credit
- Genetic Discrimination
- Armed Services Discrimination
- Sickle Cell Trait Discrimination
- Unemployment Insurance
- Out of State Motor Vehicles
- Timely Payment of Wages
- Workers’ Compensation
Tipped Wage in Louisiana
Employers in Louisiana are allowed to pay the federal tipped wage rate of $2.13 per hour. However, if an employee’s combined hourly rate from wages and tips does not reach at least $7.25, the employer is required to make up the difference.
Overtime Wage in Louisiana
Louisiana employers must adhere to the federal Fair Labor Standards Act (FLSA). Under this law, the overtime rate is one-and-a-half times the regular rate of pay.
Employees who are exempt from the overtime requirements of the FLSA do not need to be paid overtime in Louisiana. These exempt workers include:
- Executive, administrative, and professional employees, as well as outside sales employees and employees in certain computer-related occupations
- Employees of certain seasonal amusement or recreational establishments
- Certain farm workers
- Casual babysitters and individuals employed as companions to the elderly or infirm
- Certain commissioned employees of retail establishments, auto and other sales workers, and certain parts clerks and mechanics
- Taxi drivers and certain other employees in the transportation industry
- Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting systems
- Domestic service workers living in the employer’s residence
- Employees of motion picture theaters
- Farm workers
Child Labor Laws in Louisiana
Minors who are 14 and 15 years old can work:
- Up to 3 hours on a school day and 18 hours during a school week
- Up to 8 hours on a non-school day and 40 hours during a non-school week
- Between 7 a.m. and 7 p.m. (extended to 9 p.m. from June 1 through Labor Day)
A 16-year-old minor who hasn’t graduated from high school cannot work:
- Before 5 a.m. or after 11 p.m. on a school night
A 17-year-old minor who hasn’t graduated from high school cannot work:
- Before 5 a.m. or after midnight on a school night
Additionally, minors under the age of 18 must be given:
- At least a 30-minute meal period for every five hours worked
- An eight-hour rest break at the end of a workday before beginning another workday
Employer Recordkeeping Requirements in Louisiana
Louisiana Revised Statutes 23:14 mandates that every employer must maintain the following records for at least one year after the date of the record:
- Name, address, and occupation of each employee
- Daily and weekly hours worked
- Wages paid each pay period
Louisiana Labor Law Questions & Answers
Yes, small businesses in Louisiana must pay at least $7.25 per hour, as required under the federal Fair Labor Standards Act.
Minors who are 14 and 15 years old can work:
- Up to 3 hours on a school day and 18 hours during a school week
- Up to 8 hours on a non-school day and 40 hours during a non-school week
Yes, employers must pay time-and-a-half the regular rate of pay for hours that exceed 40 in a workweek.
Employers are not required to provide meal breaks for adult employees, as long as they are completely relieved of their duties. However, minors under the age of 18 must be given at least a 30-minute meal period for every five hours worked.
Louisiana Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.