Hiring Laws in Louisiana

Louisiana employment laws largely align with federal standards while maintaining a conservative regulatory approach with minimal state-level additions. The state’s Louisiana Workforce Commission (now Louisiana Works), Louisiana Commission on Human Rights (LCHR), Louisiana Department of Children & Family Services, and the Equal Employment Opportunity Commission (EEOC) oversee most employment standards, including wage and hour rules, anti-discrimination protections, new hire reporting, and workplace safety.

One of the most notable aspects of Louisiana employment law is the state’s reliance on the federal minimum wage of $7.25 per hour with no independent state minimum wage law, combined with state-level anti-discrimination protections that apply only to employers with 20+ employees (or 25+ for pregnancy-related discrimination). Louisiana’s approach reflects a business-friendly regulatory environment while providing select worker protections through both state and federal law.

These rules reflect Louisiana’s conservative approach to employment regulation combined with reliance on federal standards.

Louisiana Hiring Laws

Anti-Discrimination and Equal Opportunity Laws

The Louisiana employment discrimination laws are codified primarily in Louisiana Revised Statutes Title 23, Section 332 et seq. Louisiana law prohibits discrimination based on race, color, religion, sex, national origin, age (40 and older), disability, sickle cell trait, genetic information, and pregnancy (including childbirth and related medical conditions). Louisiana law also protects employees from discrimination based on smoking or lawful product use outside the workplace.

• Higher employer threshold: Louisiana’s anti-discrimination protections apply to employers with 20 or more employees for most protected classes, and 25 or more employees for pregnancy-related discrimination. This is significantly higher than federal Title VII, which applies to employers with 15+ employees. Why the higher threshold? Louisiana has determined that only larger employers should be subject to state-level anti-discrimination obligations, reflecting a policy of minimal state employment regulation and preferencing federal law for smaller employers.
• Limited state coverage: Because of Louisiana’s 20-employee threshold, employers with 15-19 employees are not covered by Louisiana’s anti-discrimination laws and must rely solely on federal Title VII protections (which apply to employers with 15+ employees).
• Sexual orientation and gender identity: Importantly, Louisiana state law does not explicitly prohibit discrimination based on sexual orientation or gender identity. However, the federal Supreme Court decision in Bostock v. Clayton County (June 2020) extended Title VII sex-based discrimination protections to include sexual orientation and gender identity, providing federal protections for all covered employees.

Employers are required to provide reasonable accommodations for individuals with disabilities unless it causes significant difficulty or expense. Employers must also maintain written policies addressing non-discrimination and equal employment opportunity.

Pay Equity and Minimum Wage

Louisiana’s minimum wage is $7.25 per hour, matching the federal minimum wage. Importantly, Louisiana has no independent state minimum wage law and has not since 1997, when legislation was passed preventing cities from establishing their own minimum wage rates.

Why Louisiana has no state minimum wage?

In 1997, Louisiana enacted legislation that prohibits local governments and municipalities from establishing minimum wage rates higher than the federal standard. This reflects a state policy decision to prevent wage fragmentation across different parishes and cities and to align with federal standards.

For the most current minimum wage information, visit the Louisiana Workforce Commission (Louisiana Works).

• Local minimum wages: The state restriction on local minimum wages has one notable exception: the City of New Orleans enacted a “Living Wage” ordinance that applies to city contractors and entities receiving city financial assistance. The New Orleans living wage requirement is separate from the minimum wage law and applies only to specific contract work, not to general private employment.
• Tipped employees: The minimum cash wage for tipped employees is $2.13 per hour. Employers may take a tip credit of up to $5.12 per hour if tips, combined with the base wage, reach at least $7.25 per hour. Employers must ensure tipped workers always earn at least the minimum wage.
• Youth/Training wage: Employers may pay $4.25 per hour to workers under 20 during their first 90 consecutive calendar days of employment, following federal standards.
• Proposed minimum wage legislation: Senate Bill 180 and other bills have been introduced to establish Louisiana’s first independent state minimum wage (proposing rates ranging from $10.25 to $12.00 per hour). However, these bills have not been enacted. Additionally, as of 2024, Senate Bill 672 was signed into law proposing a $12 per hour minimum wage beginning January 1, 2025, though implementation status remains unclear.

Louisiana follows federal equal pay requirements. Employers should retain records demonstrating the basis for any wage differences between employees of different sexes performing substantially equal work.

Background Checks and Criminal History Rules

Louisiana does not have a statewide ban-the-box law for private employers. Employers may inquire about an applicant’s criminal history at any point during the hiring process. However, expunged or sealed records require special handling—if an applicant’s criminal record has been expunged or sealed, the applicant may truthfully state that the conviction did not occur.

When using third-party background screening services, the Fair Credit Reporting Act (FCRA) applies. Employers must obtain written consent before running a background check and provide adverse action notices if denying employment.

I-9 and Employment Eligibility Requirements

Like all U.S. states, Louisiana employers are required to verify the identity and employment eligibility of new hires using Form I-9. Employers must complete Form I-9 within three business days of a new hire’s start date and retain forms for three years after hire or one year after termination, whichever is later.

E-Verify requirement: Louisiana law requires all employers to verify employment eligibility through the federal E-Verify system. This mandate reflects Louisiana’s commitment to immigration enforcement.

State-Specific Hiring Rules

Louisiana enforces additional hiring-related requirements that employers should be aware of:

Penalties for Non-Compliance in Louisiana

Louisiana takes non-compliance seriously. Employers who fail to follow state and federal hiring laws can face significant financial and legal consequences.

• Wage and Hour Violations: Employers who violate minimum wage, overtime, and wage payment laws are subject to civil penalties enforced by the U.S. Department of Labor and state authorities. Violations can result in back wages, liquidated damages (double the unpaid wages), and attorney fees.
• Discrimination Violations: If the Louisiana Commission on Human Rights or EEOC finds that an employer violated anti-discrimination laws, it may order remedies including reinstatement with back pay, compensatory damages, front pay, and attorney fees. Louisiana law does not cap compensatory damages for discrimination claims, creating substantial employer exposure.
• Filing timeline: Employees must file discrimination complaints with the Louisiana Commission on Human Rights within 180 days of the alleged discriminatory act, or up to 300 days if the claim is being investigated by the LCHR. Private lawsuits must be filed within one year or 360 days of the alleged discrimination, with an additional six-month extension available if the LCHR is investigating (total of 18 months).
• Employee Lawsuits: Employees can file complaints with the Louisiana Commission on Human Rights or the EEOC, or pursue civil lawsuits for discrimination or retaliation.
• FCRA Violations: Improper background check procedures can result in fines of $1,000+ per applicant, with significantly higher exposure in class-action lawsuits.
• Form I-9 Violations: USCIS fines can range from $281 to $2,789 per form for paperwork errors, and $678 to $27,894 per violation for knowingly hiring unauthorized workers (as of 2025).
• E-Verify Non-Compliance: Employers who fail to verify employment eligibility through E-Verify face potential civil and criminal penalties, including fines and possible loss of business licenses.
• New Hire Reporting Non-Compliance: Employers who fail to report newly hired employees may face civil penalties up to $25 per employee for each violation. If it is determined that the failure to report or submission of false information is the result of a conspiracy between the employer and employee, penalties can reach up to $500 per newly hired employee.

Notice and Documentation HR Professionals Need to Know

HR professionals must maintain the following key documents to stay compliant:

• Completed Form I-9s for All New Hires- Federal law requires all employers to verify an employee’s identity and eligibility to work in the U.S. via Form I-9. These forms must be completed within three business days of hire and stored securely for the required retention period: either three years after the hire date or one year after termination, whichever is later. For additional guidance on I-9 compliance, consult the USCIS I-9 Handbook.
• E-Verify Documentation- Maintain records demonstrating verification of employment eligibility through E-Verify. Keep I-9 documentation and E-Verify confirmation records in personnel files.
• New Hire Reporting to Louisiana Directory of New Hires- All new hires and rehires must be reported to the Louisiana Directory of New Hires within 20 days of their hire date. Report online through www.la-newhire.com (recommended for immediate confirmation receipt), or by mail/fax. Reports should include the employee’s name, address, occupation, Social Security number, date of hire, employer FEIN, and employer name and address.
• Background Check Documentation- Employers must retain written consent forms, background check reports, and copies of any adverse action notices provided to applicants. These records should be kept for at least one year and demonstrate compliance with FCRA requirements.
• Written Policies on Non-Discrimination and Equal Opportunity- Employers are required to display clear, written policies outlining their commitment to equal employment opportunity and non-discrimination. These policies should be included in employee handbooks and posted in visible areas of the workplace to ensure accessibility for all staff.
• Retention of Job Applications and Interview Notes- Louisiana employers are advised to retain job applications, interview notes, and hiring records for a minimum of two years. This documentation can be critical if hiring decisions are later questioned or challenged in discrimination complaints.
• Wage and Hour Records- Employers must maintain accurate records of hours worked, wages paid, and deductions for each employee. Records should be kept for at least three years and made available during audits or investigations.
• Posters and Workplace Notices- Certain notices must be displayed prominently in the workplace, including those covering minimum wage, discrimination, workers’ compensation, unemployment insurance, occupational safety, and employee rights. The Louisiana Workforce Commission provides information on required postings. HR should routinely verify that all state and federal posters are up-to-date and clearly visible to employees.