Labor laws are a broad category of regulations, rules, and laws that apply in employment settings. These laws have been implemented to protect the rights of all employees.
Employment laws and labor laws govern the interactions between employees and employers. In general, there are two broad categories of employees, contingent workers, for example, contract workers, or at-will employees.
The majority of state laws provide that employment is at-will. This means that employers are permitted to terminate an employee from their position for any reason, as long as that reason is not illegal.
Examples of common disputes that may arise related to labor laws include:
The term labor law is often used interchangeably with the term employment law. These two categories of law cover the same concerns and topics.
An employment lawyer can also be referred to as a labor lawyer. Typically, however, many individuals will refer to lawyers who are involved in cases that involve union disputes to be labor lawyers.
The National Labor Relations Board (NLRB) is the administrative agency that hears disputes between an employer and a union. The NLRB will determine which union represents a group of employees.
The NLRB has created procedures and regulations that govern the formation of unions. It has a General Counsel that investigates employer or union claims of unfair bargaining.
It also creates rules and procedures for collective bargaining. NLRB lawyers act on behalf of the General Counsel.
These types of lawyers perform many functions, including:
- Investigating charges of unfair labor practices;
- Resolving and litigating cases;
- Conducting elections to determine union representation preferences; and
- Acting as hearing officers in contested representation matters.
What are Employment Contracts?
Employment laws in every state also regulate employment contracts. These contracts include clauses that govern the relationship between the employee and employer.
Employers of at-will employees, as noted above, may terminate the employee’s position at any time, with or without notice. In most cases, employment contracts will specify whether a worker is an at-will employee.
If, however, the employment contract is silent on the issue of the employee’s status and that employee is terminated without reason, the employee may be able to argue that their termination was wrongful. That employee may argue that, according to their contract, the employee could only be terminated for good cause.
Employment contracts are agreements between employees and employers that outline the basic responsibilities of employees. When an employee signs their employment contract, it is deemed to be binding.
There are many different types of employment contracts that an employee may be required to sign, including:
- A confidentiality agreement: This agreement provides that the employee will not share any proprietary information regarding the company;
- A non-compete agreement: This agreement provides that the employee agrees that, for a specified period of time after the employment ends, they will not work for a competing company or take away the company’s customers;
- An arbitration agreement: This agreement provides the employee agrees to arbitrate any disputes that arise with the employer rather than going to court; and
- A termination agreement: This agreement provides that the employer may terminate the employee for any reason.
An individual should always make time to read and carefully review an employment contract before signing it. Additionally, an individual can seek the assistance of a lawyer to review their contract and advise them if there are any issues they may need to consider or resolve before they sign the contract.
What are the Labor Laws of Louisiana?
The State of Louisiana is required to abide by the federal laws that govern:
- Labor;
- Health insurance;
- Discrimination; and
- Paid medical leave.
The Fair Labor Standards Act (FLSA) provides regulations and rules regarding federal labor law. However, like any other state, Louisiana can form its own additional laws that supplement the federal regulations.
So long as the state laws also adhere to the federal regulations, the state is permitted to add additional protections as lawmakers see fit.
What about Part-time vs. Full-time Employment?
Neither federal nor state laws provide definitive guidelines regarding what constitutes part-time vs. full-time work in Louisiana. It is up to the individual employers in the state to make these determinations.
Certain employers will offer health benefits to their part-time employees, while others will only offer these benefits to full-time employees.
What is Minimum Wage in Louisiana?
The current minimum wage in Louisiana is $7.25. This is the same as the federal minimum wage.
Louisiana is only one of 5 states that have not adopted a separate minimum wage rate different from the federal rate. The FLSA governs most aspects of Louisiana’s wage and overtime laws.
What is Overtime?
Because the FLSA applies to Louisiana’s overtime law, a work week is defined as 40 hours worked in 7 consecutive days. When a resident of Louisiana works more than 40 hours in 7 consecutive days, those additional hours are subject to overtime pay.
Overtime pay is calculated at one and a half times the employee’s regular pay rate.
What about Health Benefits for Employees?
Employers determine whether a part-time employee receives benefits or not. This issue is not decided by federal law or state law.
The State of Louisiana does not have a law requiring employers to offer their employees health insurance. Although all Americans are required to abide by the federal requirement of the Affordable Care Act, changes in federal law might change these requirements.
What is Discrimination in Louisiana?
The State of Louisiana has its own anti-discrimination law, called the Louisiana Employment Discrimination Law. This law makes it illegal for an employer to discriminate against an employee based on personal characteristics, including, but not limited to:
- Sickle cell trait;
- Pregnancy;
- Parental status; and
- Disability.
What about Time Off?
In Louisiana, the state laws do not guarantee medical sick leave. However, the Family Medical Leave Act (FMLA) regulations apply to childbirth and parental leave.
There are also no requirements for vacation benefits. It is optional for employers to provide these benefits.
Any time off that an employee still has available when they quit or are terminated must be paid to them regardless of the reason. A private employer can also make an employee work during a federal holiday without being required to pay premium pay or 1.5 times their pay rate.
An employer must also pay up to 1 week of wages if the employee is summoned for jury duty. An employee is also not required to take sick leave, vacation days, or any other personal leave to respond to jury duty.
Louisiana, however, does not have any laws requiring employers to grant paid or unpaid leave for an employee to vote.
Where Can I Find the Right Lawyer?
If you are a Louisiana worker and believe you have been discriminated against or that your employer has violated any labor laws, it may be helpful to consult with a Louisiana labor lawyer. Your lawyer can advise you of the current laws in the state and how they apply to your situation.
If discrimination has occurred, your lawyer can help you file a complaint with an administrative body and represent you in court if you have to file a lawsuit.
