A recent ruling from a Louisiana appellate court is a reminder that a noncompete agreement that fails to specify the parishes or municipalities a former employer wishes to protect is unenforceable.
Articles About Louisiana Labor and Employment Law.
Louisiana Appellate Court Finds Nondiscretionary Production Bonus Based on Employee Work Is a “Wage” Payable at Termination
The Louisiana Court of Appeal, First Circuit, in DiVittorio v. Seale & Ross, PLC, affirmed a trial court’s judgment in favor of associate attorneys, granting them certain bonus compensation but denying another bonus claim. The appellate court held that the trial court had correctly ruled that the former associate attorneys
Louisiana Restrictive Covenant Signed by C-Suite Employee After Termination Is Unenforceable, State Appeals Court Holds
In Louisiana, restrictive covenants—known locally as “no competes”—are unenforceable by statutory default. One exception, based on the employer-employee relationship, authorizes an employer to enforce an agreement preventing a former employee from working for a competing business or soliciting customers after the employee leaves employment with the first employer.
Louisiana: Trends and Developments
Partners Sid Lewis, Jane Heidingsfelder, Jason Culotta, and Alex Glaser co-authored the “Louisiana: Trends and Developments” section for the US Regional Employment 2022 Global Practice Guide, released by Chambers & Partners. In this section, they provided an overview of the latest labor union trends, offered insights to employers on defending against union organizing, and outlined key standards and developments from the Occupational Safety and Health Administation (OSHA). The attorneys discussed Louisiana state laws and regulations regarding medical marijuana in the workplace and summarized the key features of the recently passed Securing a Strong Retirement Act of 2022 (SECURE Act 2.0).
Considerations for Louisiana Employers Post-Dobbs: Employment Discrimination Concerns and Leave of Absence Issues
On June 24, 2022, the Supreme Court of the United States issued a decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, holding that the U.S. Constitution does not protect a right to an abortion, and returning the authority to regulate abortion to individual states. Louisiana was
Louisiana Governor Signs Legislation to Mitigate Workplace Violence Against Healthcare Workers Into Law
The 2022 Louisiana legislative session included two bills focusing on workplace violence in the healthcare industry—Act No. 461 and Act No. 129—that Governor John Bel Edwards signed into law earlier this summer.
New Louisiana Laws on Hair Discrimination and Wage Garnishment Take Effect on August 1, 2022
The 2022 regular session of the Louisiana Legislature was a busy one, although there were only two new notable employment laws.
Louisiana Becomes First Deep South State To Pass CROWN Act
Louisiana Governor John Bel Edwards recently signed Louisiana’s version of the Creating a Respectful and Open World for Natural Hair (CROWN) Act into law. It was approved by the Louisiana Legislature in its recently concluded session. In doing so, Louisiana joins 16 other states and becomes the first in the Deep South to enact the CROWN Act or legislation inspired by the CROWN Act.
Louisiana Joins Growing List of States Prohibiting Hairstyle Discrimination
On June 21, 2022, Louisiana Governor John Bel Edwards signed into law legislation prohibiting employment discrimination on the basis of hairstyles or textures historically associated with race.
A Lesson from the Fifth Circuit About Louisiana Noncompete Agreements: Establish the Employment Relationship First
A recent opinion from the United States Court of Appeals for the Fifth Circuit applying Louisiana’s restrictive law governing noncompetition agreements, reminds employers of the importance of establishing an employee-employer relationship before entering into noncompetition agreement.
Louisiana Appellate Court Reminds Employers of the Strict Rules for Enforceable Noncompete Agreements
Under Louisiana law, noncompetition agreements may limit competition only as to business similar to that of the former employer. The provision in Advanced Medical Rehab, L.L.C. v. Manton, the court found, violated La. R.S. 23:921 as it prohibited Manton from employment in the practice of marketing for any business, not
New Orleans Revives Mask Mandate, Effective January 12, 2022
New Orleans has revived its mask mandate for indoor spaces, effective January 12, 2022. Citing increased COVID-19 infection and hospitalization rates, Mayor Latoya Cantrell has ordered that all individuals over the age of two who do not have breathing complications must wear masks “when in indoor spaces outside the household,
Louisiana Employers May Be Able to Discharge Unvaccinated Workers Under Employment-at-Will Doctrine
In a pair of related rulings in Hayes v. University Health Shreveport, LLC, and Nelson v. Ochsner Lafayette General, the Supreme Court of Louisiana held on January 7, 2022, that private Louisiana employers may mandate COVID-19 vaccines for their employees.
Louisiana Federal Court Follows Other Federal Courts Enjoining Vaccine Mandates for Government Contractors
On November 4, 2021, three states, Louisiana, Mississippi, and Indiana, filed suit against the federal government seeking to invalidate President Biden’s September 9, 2021, executive order requiring government contractors to be fully vaccinated against COVID-19 by January 18, 2022. On December 15, 2021, Judge Drell of the Western District of Louisiana granted the plaintiffs’ motion for preliminary injunction, stopping the vaccine mandate from going into effect in Louisiana, Mississippi, and Indiana. This Louisiana federal court order follows similar orders previously issued by federal courts in Georgia and Kentucky.
Louisiana Workforce Commission Publishes Posters on Expanded Employee Pregnancy Accommodation Rights
Effective August 1, 2021, the Louisiana Employment Discrimination Law was amended to expressly require Louisiana employers with more than 25 employees to provide reasonable accommodations to employees with limitations arising from pregnancy, childbirth, or related medical conditions, provided that such limitations are known to the employers.