01LA is one of 5 states with no state minimum wage law
Louisiana has no state minimum wage law. Federal Fair Labor Standards Act (FLSA) controls — $7.25/hr unchanged since July 24, 2009. The state has not enacted its own minimum wage statute, despite multiple legislative proposals. Bills proposing rates from $8.50 to $15.00 with various implementation schedules have been introduced; none have been enacted.
State preemption under La. R.S. § 23:642: 'No local governmental subdivision, including but not limited to a parish or municipality, shall establish a minimum wage rate which a private employer would be required to pay employees.' The preemption framework nullified New Orleans's attempted $10.00/hr ordinance. No Louisiana parish or municipality has enacted a local minimum wage that has survived legal challenge.
Tipped workers earn $2.13/hr cash + up to $5.12 tip credit ($7.25 - $2.13), with total compensation including tips required to reach $7.25. Workers earning more than $30/month in tips qualify as tipped employees (federal threshold). Louisiana follows federal tip credit framework with no state-specific 80/20 rule.
Federal $684/week ($35,568/year) exempt threshold applies. Louisiana does not set a higher state-specific exempt threshold. The DOL's attempted 2024 increase to $1,128/week was vacated by the Eastern District of Texas in November 2024, leaving the federal $684 in place. LA tracks federal exempt classifications and duties tests under FLSA.
Coverage exemptions: LA follows federal FLSA exemptions (executive, administrative, professional, computer, outside sales, highly compensated employee). Plus narrow Louisiana-specific carve-outs. Workers under 20 may be paid the federal training wage of $4.25/hr for the first 90 consecutive days of employment. Workers under 18 may also be paid $4.25/hr for the first 90 days. Full-time students may be paid 85% of minimum wage ($6.16/hr) for up to 20 hours/week at certain employers.
Read the full Louisiana federal floor + § 23:642 preemption guide →
02La. R.S. § 23:631-632 — 15-day rule with aggressive late-pay remedy
La. R.S. § 23:631 establishes Louisiana's final pay rule: 'Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first.' The rule applies to discharge and resignation (with parallel provisions in § 23:632 for voluntary leaving).
Penalty wages under La. R.S. § 23:632(A): 'Any employer who fails or refuses to comply with the provisions of R.S. 23:631 shall be liable to the employee either for ninety (90) days wages at the employee's daily rate of pay, or else for full wages from the time the employee's demand for payment is made until the employer shall pay or tender the amount of unpaid wages due to such employee, whichever is the lesser amount of penalty wages.'
Calculation of the 'lesser' framework: if final pay is 5 days late on a worker earning $200/day, lesser is 5 days × $200 = $1,000. If final pay is 200 days late, lesser is 90 × $200 = $18,000 (capped). The lesser-of-two-frameworks creates a staircase: small delays = small penalty; large delays = capped penalty.
Mandatory attorney fees under § 23:632(C): 'Reasonable attorney fees shall be allowed the laborer or employee by the court which shall be taxed as costs to be paid by the employer, in the event a well-founded suit for any unpaid wages whatsoever be filed by the laborer or employee after three days shall have elapsed from time of making the first demand following discharge or resignation.' The attorney fee provision provides plaintiffs with strong incentives to pursue even modest unpaid wage claims.
Coverage and operational implications: applies to all wages 'then due under the terms of employment' — base wages, accrued vacation if employer policy commits to payout, commissions earned, nondiscretionary bonuses earned. Pay frequency rules under La. R.S. § 23:633: specific industries (manufacturing, mining, public service) must pay at least every two weeks; general framework allows flexibility within employment terms. Multi-state operators with LA workforces should configure: (1) immediate calculation capability at separation; (2) 15-day deadline tracking; (3) good-faith dispute documentation if wage amount is disputed; (4) 3-day demand window awareness for attorney fee exposure.
Read the full Louisiana lwpa final pay + 90-day penalty wages guide →
03Louisiana has no state overtime statute — pure FLSA reliance
Louisiana has no state overtime statute. Federal FLSA (29 USC § 207) controls: 1.5× regular rate for hours worked over 40 in a workweek for non-exempt workers. Louisiana tracks federal exemptions, federal regular rate calculation, and federal SOL framework.
Federal regular rate calculation under 29 CFR Part 778 controls. All compensation components must be included: hourly wages, nondiscretionary bonuses, shift differentials, commissions, certain piecework. Failing to include nondiscretionary bonuses in regular rate is a common employer mistake.
FLSA exemptions apply: executive, administrative, professional (with $684/week salary basis + duties test); computer professionals (with $684/week salary or $27.63/hour hourly basis); outside sales; highly compensated employees ($107,432/year, primarily performing exempt duties). Louisiana follows federal exemption analysis without state-specific modifications.
FLSA enforcement track: workers may pursue claims through US DOL Wage and Hour Division (administrative track) or private civil action in federal court. Federal SOL: 2 years for ordinary violations, 3 years for willful. Recovery: unpaid overtime + equal liquidated damages + attorney fees + costs. Class certification under Rule 23 or collective action under FLSA § 216(b) typical for pattern violations.
Specific FLSA carve-outs relevant to LA sectors: agricultural workers (limited OT coverage); seasonal amusement workers (full OT exemption if establishment operates ≤7 months/year or 6-month receipts test — relevant for LA's coastal tourism); specific transportation workers including offshore oil and gas industry workers (motor carrier exemption under 13(b)(1), seamen exemption); specific commission-paid workers (7(i) exemption for retail and service establishments).
Read the full Louisiana federal flsa overtime (no state ot) guide →
04La. R.S. § 23:341-342 — 6 weeks normal birth + 4 months disability
Louisiana Pregnancy Leave Act under La. R.S. §§ 23:341-342 (effective 1992, with subsequent amendments) requires Louisiana employers with 25 or more employees to provide leave for pregnancy and childbirth. The 25-employee threshold is lower than federal FMLA's 50-employee threshold, reaching smaller LA employers.
Two leave allotments under La. R.S. § 23:342: (1) Normal pregnancy and childbirth: up to 6 weeks of leave for normal pregnancy delivery and childbirth-related medical needs. (2) Pregnancy-related disability: up to 4 months of leave for pregnancy-related disability that prevents the worker from performing essential job functions. The 4-month allotment exceeds federal FMLA's 12-week framework.
Coverage of 'disability': pregnancy-related conditions including but not limited to: gestational diabetes; preeclampsia; severe morning sickness; bedrest requirements; complications during delivery; postpartum complications; cesarean section recovery exceeding standard timelines. Medical certification typically required.
Job protection: workers returning from Pregnancy Leave Act leave are entitled to reinstatement to the same or equivalent position with same pay, benefits, and seniority. Anti-retaliation provisions apply. The framework operates parallel to federal FMLA — workers may use Pregnancy Leave Act for the longer 4-month disability allotment AND federal FMLA for additional protections (e.g., bonding leave after birth).
Coordination with federal frameworks: federal Pregnant Workers Fairness Act (PWFA, effective June 27, 2023) applies to Louisiana employers with 15+ employees and requires reasonable accommodations for pregnancy/childbirth/related conditions. Federal FMLA applies at 50+ employees with 12 weeks unpaid leave. Louisiana Pregnancy Leave Act fills the gap for 25-49 employee employers and provides extended duration for pregnancy-related disability. Multi-state operators should configure layered leave administration to maximize worker benefits and minimize compliance gaps.
Read the full Louisiana louisiana pregnancy leave act (25+ employees) guide →
05La. R.S. § 23:1015 — 40 hours PAID leave for bone marrow donation
Louisiana Bone Marrow Donation Leave under La. R.S. §§ 23:1015 to 23:1018 (effective 1999) requires Louisiana employers with 20 or more employees at a worksite to provide PAID leave for workers serving as bone marrow donors. The 'PAID' aspect is structurally distinctive — most state donation leave laws are unpaid.
Coverage: employers with 20 or more employees at a single worksite. Worker eligibility: must work an average of 20 or more hours per week. Workers averaging less than 20 hours/week are not eligible (matches federal FMLA-style hour eligibility threshold).
Leave allotment: up to 40 hours of PAID leave per 12-month period for bone marrow donation procedures. The 40 hours covers: medical examinations and screenings; the donation procedure itself; recovery time after donation. Multiple short absences may be aggregated within the 40-hour cap.
Compensation: leave is paid at the worker's regular rate of pay. The framework treats bone marrow donation leave as compensable work time. Workers do not need to use accrued vacation, PTO, or other leave time before accessing the 40-hour donation leave.
Job protection: workers returning from bone marrow donation leave are entitled to reinstatement to the same or equivalent position. Anti-retaliation provisions apply. Documentation: employers may require medical certification of the donation procedure. Combined with federal FMLA (12 weeks unpaid for serious health condition recovery if applicable) and any state-specific PSL or disability frameworks, the bone marrow donation leave operates as a discrete benefit. Multi-state operators with LA workforces should configure: (1) per-worksite 20-employee threshold detection; (2) worker hours-per-week average tracking; (3) donation procedure documentation acceptance; (4) paid leave administration distinct from PTO/vacation.
Read the full Louisiana bone marrow donation paid leave (20+ employees) guide →
06Federal FMLA only; jury duty paid leave required
Louisiana has no statewide paid sick leave law. Workers in LA generally rely on: (1) federal FMLA (12 weeks unpaid, job-protected at 50+ employee employers); (2) Louisiana Pregnancy Leave Act (25+ employees, 6 weeks/4 months); (3) Bone Marrow Donation Leave (20+ employees, 40 hours PAID); (4) jury duty paid leave (1 day minimum); (5) any voluntary employer-provided PSL or PTO.
Federal FMLA framework: covers LA employers with 50+ employees within 75 miles. Workers eligible after 12 months of employment and 1,250 hours worked in the preceding 12 months. Up to 12 weeks of unpaid, job-protected leave per 12-month period for: birth/bonding with new child; care for spouse, child, or parent with serious health condition; worker's own serious health condition; qualifying military exigency. Up to 26 weeks for caring for covered service member with serious injury or illness.
Louisiana jury duty paid leave (La. R.S. § 23:965): employers must provide at least 1 day of wages for jury duty service. Cannot require workers to use accrued vacation, sick leave, or other PTO during jury service. Cannot retaliate against worker for jury duty service. Penalties for unlawful discharge: $100-$1,000 per violation. Distinguishes Louisiana from most states which only require unpaid leave for jury duty.
First responder volunteer leave (La. R.S. § 23:1017): employers must allow workers serving as volunteer first responders to take leave to respond to emergencies. The leave is unpaid unless employer policy provides otherwise. Workers cannot be retaliated against for volunteer first responder service.
PFML legislation has not advanced in the Louisiana Legislature. Given current political alignment and right-to-work framework, PFML enactment in LA is unlikely in the 2026-2027 timeframe. Operators should not anticipate state PFML in near-term planning. Voluntary employer-provided PFML through private insurance or self-funded programs remains the only structured paid leave option for LA employers (alongside the specific state-mandated leaves discussed above).
Read the full Louisiana no state psl/pfml + 1-day paid jury duty guide →
0720+ employee threshold; sickle cell trait protection distinctive
Louisiana Employment Discrimination Law under La. R.S. §§ 23:301 et seq. prohibits employment discrimination. Coverage: employers with 20 or more employees in Louisiana. Higher threshold than federal Title VII (15+ employees) but lower than ADEA's 20-employee threshold for age discrimination.
Protected categories under La. R.S. § 23:332: race, color, religion, sex, national origin, age (40+), disability, sickle cell trait, and genetic information. Notable absences: sexual orientation and gender identity not explicitly protected at state level. Federal Bostock v. Clayton County (2020) extended Title VII's 'sex' protection to cover sexual orientation and gender identity, applying in LA regardless of state statute.
Sickle cell trait protection under La. R.S. §§ 23:351-352: Louisiana has had sickle cell protection in employment law since 2002. Coverage: workers with sickle cell trait (genetic carrier status, common in African-American populations) AND workers with active sickle cell disease. Employers cannot discriminate based on trait status, refuse to hire based on screening for sickle cell trait, terminate, or limit advancement based on trait or disease status. The framework predates federal GINA (2008) and provides additional protection.
Enforcement: Louisiana Commission on Human Rights (LCHR) investigates state-level claims. Workers may file with LCHR within 180 days of the alleged discriminatory act. Under work-share agreements, LCHR complaints often satisfy parallel EEOC filing requirements (federal Title VII). Workers may pursue parallel federal claims under Title VII, ADEA, ADA, GINA, or PWFA where applicable.
Damages framework: Louisiana Employment Discrimination Law provides civil action for back pay, reinstatement, and other equitable relief. Punitive damages may be available in cases of willful violations. Combined with federal Title VII / ADEA / ADA / PWFA frameworks (which provide compensatory and punitive damages with caps based on employer size), workers in Louisiana may pursue dual-track claims.
Read the full Louisiana louisiana employment discrimination law guide →
08Multi-factor common law test; right-to-work state under La. R.S. § 23:983
Louisiana applies a multi-factor common law test for IC classification, structurally similar to the IRS framework under Rev. Rul. 87-41. Factors evaluated: behavioral control (instructions on how work is performed, training provided); financial control (method of payment, who provides tools and equipment, opportunity for profit or loss, unreimbursed business expenses); relationship type (written contracts, employee benefits, permanence of relationship, regular business of the employer).
The multi-factor test is more permissive than ABC test states (NJ, MA, CA, MD, CT, NV). Workers can be classified as IC in Louisiana even when the work is part of the employer's regular business — provided control is properly limited and other factors support IC classification. Right of control is typically weighted heavily but not exclusively.
Misclassification consequences: unemployment insurance back-contributions plus penalties (Louisiana Workforce Commission); workers' compensation premium back-payment plus exposure for any injuries during misclassified period (Louisiana Office of Workers' Compensation); federal IRS Form SS-8 reclassification with Section 3509 employment tax penalties; potential wage exposure under FLSA if workers should have received minimum wage and OT; potential LWPA penalty wages if late or unpaid wages.
Industry concentration: Louisiana has been an active enforcement jurisdiction for oil/gas, construction, and healthcare staffing misclassification. Oil and gas industry has unique IC classification dynamics given seasonal/project work patterns; misclassification of riggers, drillers, support personnel triggers parallel UI/WC/wage claims. Construction misclassification (general contractors pushing work through pass-through 'subcontractor' shells) is also a focus.
Right-to-work framework under La. R.S. § 23:983 (1976): Workers cannot be required to join a union or pay union dues as a condition of employment. Louisiana enacted right-to-work in 1976. The framework prohibits closed shop, union shop, and agency shop arrangements. CBAs may not include compulsory membership clauses. Multi-state operators expanding to LA from union-active states should review CBA terms for compliance with LA's right-to-work framework. Anti-retaliation provisions protect workers asserting wage claims, exercising rights under LWPA, refusing to violate law. Federal anti-retaliation provisions under FLSA, FMLA, OSHA, Title VII also apply.
Read the full Louisiana ic classification + right-to-work framework guide →