Louisiana noncompete agreements must comply with a statute—La. R.S. 23:921—to be enforceable. Does this statute also apply to employee nonsolicitation—or “anti-poaching”—agreements? A Louisiana appellate court recently held it does not, but such agreements must nevertheless be reasonable in scope and duration.
Articles About Louisiana Labor and Employment Law.
New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and August 2024
Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements for sexual harassment, and a ban on nondisclosure agreements regarding sexual harassment or hostile workplace environment claims.
Louisiana Limits Non-Compete Agreements for Physicians
Following the national trend toward prohibiting or limiting non-compete agreements, Louisiana Senate Bill 165 limits the length and geographical scope of non-compete agreements for both specialty and primary care physicians. The law goes into effect on Jan. 1, 2025. Under Senate Bill 165, non-compete agreements for physicians must expire three
Louisiana Amends LWPA to Address Commissions, Incentive Payment Plans, and Bonuses to Give Greater Flexibility to Employers
Governor Jeff Landry recently signed into law Act No. 556, which updates the Louisiana Wage Payment Act (LWPA) to address commissions and plans for incentive payments and bonuses. The new law becomes effective on August 1, 2024.
Louisiana Institutes New Restrictions on Noncompete Agreements for Physicians
The Louisiana Legislature recently unanimously passed Act No. 273, which limits noncompete agreements for physicians in the state. The act requires all applicable new noncompete agreements to sunset after three years for primary care physicians and after five years for all other physicians, and it limits the application of noncompete
Louisiana Becomes Latest State to Prohibit Nondisclosure Clauses Related to #MeToo Claims
Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins the federal government and a growing number of states that have passed #MeToo-inspired laws restricting
Louisiana Institutes New Restrictions on Noncompete Agreements for Primary Care Physicians
The Louisiana Legislature recently unanimously passed Act No. 273, which limits noncompete agreements for physicians in the state. The act requires all applicable new noncompete agreements to sunset after three years for primary care physicians and after five years for all other physicians, and it limits the application of noncompete
Louisiana Creates New Employee Right to Unpaid Leave for Health Screenings
Governor John Bel Edwards recently signed into law Act No. 210, which provides unpaid leave for employees in Louisiana to receive genetic testing and preventive cancer screening. The act requires employees to satisfy numerous criteria to qualify for the leave, while adding to an employer’s posting and notice obligations to
Louisiana Legislature Passes Law Requiring Employers to Give Time Off for Genetic Testing and Cancer Screening
A new Louisiana law goes into effect on August 1, 2023 requiring employers to provide time off from work for genetic testing and cancer screening.
Employer Requirements
The new act requires employers in Louisiana to provide employees a one-day leave of absence from work to obtain genetic testing or for
Louisiana Court Rules Restrictive Covenant Is Unenforceable and Can’t Be Saved by Reformation
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.
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.