Louisiana must abide by federal laws regarding labor, health insurance, discrimination, and paid medical leave. The Fair Labor Standards Act (FLSA) sets regulations and rules regarding federal labor law. However, like any state, Louisiana can form its own additional laws that supplement federal regulations. As long as the state laws adhere to federal regulations, the state can add additional protections as lawmakers see fit.
Part-time vs. Full-time
Neither federal nor state law makes any definitive guidelines about what constitutes part-time vs full-time work in Louisiana. It is up to the individual employer to make these determinations. Some employers offer health benefits to part time employees while others only offer these benefits to full time employees.
The minimum wage in Louisiana is $7.25. It is the same rate as the federal minimum wage as it is only one of five states that has not adopted a separate minimum wage rate other than the federal rate. This means that the FLSA controls most aspects of Louisiana’s wage and overtime laws.
Since the FLSA is applied to Louisiana’s overtime law, a work week is defined as 40 hours that are worked in 7 consecutive days. When a Louisiana resident works more than 40 hours in 7 consecutive days, the additional hours are subject to overtime pay. Overtime pay is one and a half times the rate of the employee’s regular pay.
Employers decide whether part time employees receive benefits or not. This is not something that is decided by state or federal law. Louisiana does not have a state law that requires employers to offer health insurance to their employees. While all Americans have to abide by the federal requirement of the Affordable Care Act, changes in federal law might change the
Louisiana has its own anti-discrimination law. It is called the Louisiana Employment Discrimination Law and it makes it illegal for employers to discriminate against employees for personal characteristics including (but not limited to) sickle cell trait, pregnancy, parental status, and disability.
Louisiana state law does not guarantee medical sick leave, but the Family Medical Leave Act (FMLA) regulations apply regarding childbirth and parental leave. There is also no requirement for vacation benefits, and it is optional for the employer to provide the benefits. Any time off still available when the employee quits or is fired must be paid out regardless of the reason. But an employer can eliminate
Private employers can also make employees work during federal holidays, and are not required to pay “premium pay” (e.g. 1 ½ times the rate). Employers are also required to pay up to 1 week of wages if an employee is summoned for jury duty. Employees also are not required to take sick leave, vacation days, or any other personal leave to respond to jury duty. However, Louisiana does not have any laws that require employers to grant paid or unpaid leave for an employee to vote.
Where Can I Find the Right Lawyer?
If you believe that you have been discriminated against, or that your employer has violated any labor law, you should speak with a local employment lawyer immediately.