reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:162. Minors under fourteen; general prohibition against employment

RS 23:162 - Minors under fourteen; general prohibition against employment
A. Except as otherwise provided in this Chapter, no minor under the age of fourteen years shall be employed, permitted, or suffered to work in any gainful occupation at any time.
B. Minors under the age of fourteen may be employed, if all of the following conditions are met:
(1) The minor is at least twelve years of age.
(2) The minor's parent or legal guardian is an owner or partner in the business in which the minor is to be employed.
(3) The minor shall work only under the direct supervision of the parent or legal guardian who owns or is a partner in the business.
(4) All of the protections afforded to minors fourteen and fifteen years of age shall be afforded to minors twelve and thirteen years of age.
(5) The minor obtains an employment certificate pursuant to R.S. 23:184.
Acts 1993, No. 621, §1, eff. June 15, 1993; Acts 2008, No. 364, §1, eff. June 21, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:163. Minors under sixteen; prohibited employments

RS 23:163 - Minors under sixteen; prohibited employments
No minor under the age of sixteen years shall be employed, permitted, or suffered to work:
(1) In, or about, or in connection with a poolroom or billiard room.
(2) In, or about, or in connection with power-driven machinery.
(3) In any manufacturing or processing establishment, or in any manufacturing, mechanical, or processing occupation.
(4) In the close proximity of any lounge or other location where alcoholic beverages are sold, except as provided in this Chapter and in R.S. 26:90 and 286.
(5) In any other occupation for which a higher minimum age is required.
(6) In the distribution or delivery of goods or messages for any person engaged in the business of transmitting or delivering of goods or messages.
Amended by Acts 1982, No. 498, §1; Acts 1993, No. 621, §1, eff. June 15, 1993; Acts 1993, No. 623, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:166. Minors fourteen and fifteen years of age; employments permitted

RS 23:166 - Minors fourteen and fifteen years of age; employments permitted
Minors fourteen and fifteen years of age may be employed in any gainful occupation not prohibited in this Part, only after school hours and during nonschool days.
Acts 1993, No. 621, §1, eff. June 15, 1993.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:168.1. REPEALED BY ACTS 1993, NO. 621, §2, EFF. JUNE 15, 1993.

RS 23:168.1 - REPEALED BY ACTS 1993, NO. 621, §2, EFF. JUNE 15, 1993.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:171. Minors; employment on vessels

RS 23:171 - Minors; employment on vessels
Employment of a minor, sixteen years of age or older, who is enrolled in, or who has completed an accredited nautical science training program, upon a vessel documented or registered under the laws of the United States, is lawful. The written permission of either the father or mother of the minor, who has custody of the minor, otherwise, the written permission of the minor's tutor or other person having custody of him, shall be required before the minor may be so employed.
Added by Acts 1976, No. 42, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:182. Employers to keep records

RS 23:182 - Employers to keep records
Every person employing minors shall procure and keep on file an employment certificate for each minor, except for those minors employed in approved federally funded youth training programs and those minors employed in theatrical, modeling, motion picture or television production, musical occupations, or in other performing arts. Such certificate shall be accessible on the job site, or in the immediate area of the work location, at all times to any officer charged with the enforcement of the provisions of this Chapter.
Amended by Acts 1976, No. 624, §2, eff. Aug. 4, 1976; Acts 1982, No. 498, §1; Acts 1992, No. 441, §1; Acts 2003, No. 671, §1, eff. June 27, 2003; Acts 2011, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:183. Persons authorized to issue

RS 23:183 - Persons authorized to issue
A. Except as provided in Subsection B of this Section, employment certificates may be issued by either of the following:
(1) The parish or city public school superintendent or by his designated representative.
(2) By the principal of a public or private school or by his designated representative.
B. If the student is a home study program participant, the employment certificate may be issued by any person authorized to issue an employment certificate pursuant to Subsection A of this Section.
C. The name of each designated representative shall be submitted in writing for approval to the secretary of the Louisiana Workforce Commission or his designee. The superintendent of the parish, city, or other public school governing authority or his designee, or the private school principal or his designee shall completely fill out and electronically submit the Employment Certificate Interactive Form located on the Louisiana Workforce Commission's website. The employment certificate shall be printed online from the website from the information that has been entered onto the department's employment certificate database. The original employment certificate shall be signed by the minor and the issuing authority and presented to the minor for delivery to his employer.
Amended by Acts 1982, No. 498, §1; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 1997, No. 1172, §4, eff. June 30, 1997; Acts 2001, No. 1032, §9; Acts 2003, No. 671, §1, eff. June 27, 2003; Acts 2007, No. 113, §3; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2011, No. 177, §1; Acts 2012, No. 837, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:184. Requirements for issuance

RS 23:184 - Requirements for issuance
Employment certificates shall be issued only upon the personal application by the minor desiring employment, accompanied by the written permission of the minor's parent or legal guardian and upon submission to and approval by the issuing authority of the following papers:
(1) A statement signed by the prospective employer that it is his intention to employ the minor, and stating the specific nature of the occupation in which the minor is to be employed, the number of hours per day and per week he is to work, and the amount of wages he is to receive.
(2) One of the following proofs of age:
(a) A birth certificate, a short-form birth certification card, or a signed statement thereof issued by the recorder of births.
(b) A baptismal certificate showing the date of birth and the place of baptism.
(c) A contemporaneous bible record of the birth.
(d) A passport or certificate of arrival in the United States, showing the age of the applicant, dated at least two years prior to the application.
(e) A life insurance policy covering the life of the minor, dated at least two years prior to the date of application.
(f) A school record or school identification showing the minor's age.
(g) A current valid Louisiana driver's license or other state-issued identification, including a special identification card, with the minor's date of birth.
(h) An affidavit signed by the minor's parent or legal guardian showing the name, date, and place of birth of the minor and stating that the proofs of age specified in the preceding Subparagraphs of this Paragraph cannot be produced.
Acts 1993, No. 621, §1, eff. June 15, 1993; Acts 1997, No. 428, §1; Acts 2000, 1st Ex. Sess., No. 118, §4, eff. April 19, 2000; Acts 2011, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:184.1. Blanket work permits

RS 23:184.1 - Blanket work permits
Under certain circumstances, such as athletic events, exhibitions, fairs, carnivals, or events of a similar nature, and inventories at large department stores, the assistant secretary of the office of workforce development, in his discretion, shall have the authority to authorize the issuance of blanket work permits to employers for minors desiring employment. Work permits issued under this Section shall expire sixty days after issuance.
Added by Acts 1982, No. 498, §2; Acts 1997, No. 1172, §4, eff. June 30, 1997; Acts 2007, No. 113, §3.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:187. Signing of certificate by minor; return by employer after termination of employment

RS 23:187 - Signing of certificate by minor; return by employer after termination of employment
The employment certificate shall be signed by the minor in the presence of the issuing authority and then it shall be returned to the minor for delivery to the employer. An employment certificate shall be valid only for the employer for whom issued, and the employer shall be required to maintain it on file for a period of fourteen days after the termination of the minor's employment.
Acts 2011, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:188. Records kept by issuing authority

RS 23:188 - Records kept by issuing authority
A copy of each employment certificate shall be retained in the office of the issuing authority together with the papers required to be submitted by the applicants under R.S. 23:184. The issuing authority shall also keep a record of all applications denied.
Acts 2003, No. 671, §1, eff. June 27, 2003.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:191. Revocation

RS 23:191 - Revocation
The secretary may revoke any employment or other certificate if in his judgment it was improperly issued or if the minor is illegally employed. If the certificate is revoked, the issuing authority, the employer, and the minor, shall be notified and the minor shall not thereafter be employed or permitted to work until a new certificate has been legally obtained.
Acts 2011, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:192. Certificates as evidence of age of minors

RS 23:192 - Certificates as evidence of age of minors
Employment certificates issued in accordance with the provisions of this Subpart shall be conclusive evidence of the age of the minor for whom issued in any proceeding involving the employment of the minor subsequent to the issuance thereof.
Acts 2011, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:211. Minors; maximum hours in general

RS 23:211 - Minors; maximum hours in general
No minor under the age of sixteen shall be employed, permitted, or suffered to work in any gainful occupation more than eight hours in any one day, nor more than six consecutive days in any one week.
Amended by Acts 1976, No. 624, §2, eff. Aug. 4, 1976; Acts 1993, No. 621, §1, eff. June 15, 1993.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:211.1. REPEALED BY ACTS 1993, NO. 621, §2, EFF. JUNE 15, 1993.

RS 23:211.1 - REPEALED BY ACTS 1993, NO. 621, §2, EFF. JUNE 15, 1993.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:213. Recreation or meal period

RS 23:213 - Recreation or meal period
No minor shall be employed, permitted, or suffered to work for any five-hour period without one interval of at least thirty minutes within such period for meals. If the period of work before the interval exceeds five hours by ten minutes or less, that difference shall be considered de minimis and shall not be considered a violation of this Section. Such interval shall not be included as part of the working hours of the day. This interval shall be thirty minutes. If the length of the meal break is at least twenty minutes, the difference between the actual break time and the required thirty-minute break time shall be considered de minimis, and shall not be considered a violation of this Section. The break shall be documented, using the employer's normal timekeeping system. If a minor fails to clock in or out for a work period or meal break, and a time edit is necessary, the time edit shall be documented and acknowledged in writing by the minor and the manager who performs the time edit.
Amended by Acts 1976, No. 624, §2, eff. Aug. 4, 1976; Acts 1993, No. 621, §1, eff. June 15, 1993; Acts 1999, No. 573, §1; Acts 2011, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:214. Minors under sixteen; maximum hours when school in session

RS 23:214 - Minors under sixteen; maximum hours when school in session
A. Minors under sixteen years of age shall not be employed, permitted, or suffered to work more than three hours each day on any day when school is in session, nor more than eighteen hours in any week when school is in session.
B. The school calendar of the school in which the minor is enrolled or the public school calendar for the district in which the minor resides shall be used to determine a school day or week.
Amended by Acts 1982, No. 498, §1; Acts 1993, No. 621, §1, eff. June 15, 1993; Acts 2011, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:215. Minors; minors under sixteen; prohibited hours; maximum work week

RS 23:215 - Minors; minors under sixteen; prohibited hours; maximum work week
A.(1) No minor sixteen years of age who has not graduated from high school shall be employed, or permitted, or suffered to work between the hours of 11:00 p.m. and 5:00 a.m. prior to the start of any school day.
(2) No minor seventeen years of age who has not graduated from high school shall be employed, or permitted, or suffered to work between the hours of 12:00 a.m. and 5:00 a.m. prior to the start of any school day.
B. No minor under sixteen years of age who has not graduated from high school shall be employed, or permitted, or suffered to work between the hours of 7:00 p.m. and 7:00 a.m.; except from June first through Labor Day at which time the permissible hours are extended to 9:00 p.m. Minors who are employed in the dairy industry shall be exempt from the provisions of this Section.
C. No minor under sixteen years of age who has not graduated from high school shall be employed, or permitted, or suffered to work in, about, or in connection with any occupation, more than forty hours in any one week.
D. For purposes of this Section, a school day is a day during which school is in session as designated by the local school superintendent for the school district in which the minor resides.
E. For purposes of this Section, a minor who has taken and passed a General Education Development test (GED) and who has been awarded a high school Equivalency Diploma from the Louisiana Department of Education will be considered to have graduated from high school.
F. Employment pursuant to this Section shall be subject to the provisions of any local curfew ordinance.
Amended by Acts 1950, No. 500, §1; Acts 1962, No. 265, §1; Acts 1966, No. 307, §1; Acts 1976, No. 624, §2, eff. Aug. 4, 1976; Acts 1982, No. 498, §1; Acts 1993, No. 621, §1, eff. June 15, 1993; Acts 2003, No. 671, §1, eff. June 27, 2003; Acts 2004, No. 524, §1; Acts 2011, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:217. Records to be kept by employers

RS 23:217 - Records to be kept by employers
Every employer of minors shall keep conspicuously posted at the place of employment:
(1) A printed abstract of the provisions of this Part prepared and furnished by the secretary.
(2) A list of the occupations prohibited to such minors, prepared and furnished by the secretary.
Amended by Acts 1976, No. 624, §2, eff. Aug. 4, 1976; Acts 1982, No. 498, §1; Acts 1983, No. 65, §1; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 1993, No. 621, §1, eff. June 15, 1993.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:231. Specific violations; penalties; enforcement

RS 23:231 - Specific violations; penalties; enforcement
A. No person shall:
(1) Employ, permit, or suffer a minor to work in violation of the provisions of this Part.
(2) Refuse, to the secretary or his authorized representatives, admission to the premises where minors are employed, or otherwise obstruct the secretary or his representatives in the performance of their duties.
(3) Hide or cause any minor to escape, or give him warning of the approach of any officer charged with the enforcement of the provisions of this Part.
B. Any person who violates Subsection A or any other provision of this Part for which a penalty is not otherwise provided shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned for not less than thirty days nor more than six months, or both.
C.(1) Any person violating the provisions of this Part shall, in addition to the criminal penalty provided in Subsection B, be liable for a civil penalty not to exceed five hundred dollars.
(2) Reasonable litigation expenses may be awarded to the prevailing party of the adjudicatory hearing. "Reasonable litigation expenses" means any expenses, not exceeding seven thousand five hundred dollars, reasonably incurred in prosecuting, opposing, or contesting an agency action, including but not limited to attorney fees, stenographer fees, investigative fees and expenses, witness fees and expenses, and administrative costs.
D. Civil penalties for a violation of this Part may be imposed by the Louisiana Workforce Commission only by a ruling of the secretary pursuant to an adjudicatory hearing held in accordance with the Administrative Procedure Act.
E. The secretary may institute civil proceedings in the Nineteenth Judicial District Court to enforce his rulings. The court shall award to the prevailing party reasonable attorney fees and judicial interest from the date of judgment until paid and all court costs.
F. The secretary may institute civil proceedings in the Nineteenth Judicial District Court seeking injunctive relief to restrain and prevent violations of the provisions of this Part or of the rules and regulations adopted under the provisions of this Part. The court shall award reasonable attorney fees and court costs to the prevailing party.
G. The secretary is empowered to enforce the civil provisions of this Part and to adopt and promulgate such reasonable rules and regulations and to conduct such investigations as he deems necessary to ensure enforcement of this Part.
H. Out of the civil penalties collected for violations of this Chapter, expenses incurred in enforcing the provisions of this Chapter may be paid by the commission.
Amended by Acts 1976, No. 624, §2, eff. Aug. 4, 1976; Acts 1992, No. 443, §1; Acts 1993, No. 611, §1, eff. June 15, 1993; Acts 1997, No. 1114, §1, eff. July 14, 1997; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:232. Parents or tutors inducing violations by minors; penalty

RS 23:232 - Parents or tutors inducing violations by minors; penalty
Every parent or tutor, or other person having control of any minor under sixteen years of age who permits or induces the minor to violate the provisions of R.S. 23:168 or of R.S. 23:216 shall be fined not more than twenty-five dollars.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:233. Presence of minor at place of employment; presumption of employment

RS 23:233 - Presence of minor at place of employment; presumption of employment
The presence of any minor under sixteen years of age in any place of employment prohibited to him under the provisions of this Chapter, and observed to be performing work duties on the employer's behalf, shall constitute prima facie evidence of his employment therein.
Acts 2011, No. 177, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:252. Violations by exhibitor; additional penalties

RS 23:252 - Violations by exhibitor; additional penalties
If any person, or officer, or agent thereof, who is licensed as, or holds a license for any theatre, is convicted under the provisions of R.S. 23:251, he shall, in addition to the penalties provided therein, forfeit such license.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:255. Bond as prerequisite to issuance of permit

RS 23:255 - Bond as prerequisite to issuance of permit
The secretary may exact from the applicant, under such conditions and stipulations as he may determine, and as a condition precedent to the issuance of the permit, a bond not exceeding two thousand dollars, executed in favor of the state, conditioned to secure and guarantee the proper tuition and the moral and physical health of the minor while in such employment. This bond may be forfeited upon a breach of the conditions thereof in the State of Louisiana or elsewhere, and in any proceedings for such forfeiture testimony may be taken as provided by law in civil matters.
Acts 1989, No. 731, §2, eff. July 8, 1989; Acts 2008, No. 743, §7.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:258. Travelling theatrical companies; application of provisions

RS 23:258 - Travelling theatrical companies; application of provisions
The provisions of this Part shall not be construed as preventing a minor under sixteen years of age employed by a travelling theatrical company, from taking part in a play or musical comedy produced by such company in a theatre wherein not more than eight performances are given in any one week, (except in a week in which a national or state holiday occurs when nine weekly performances may be given), if a special permit for such employment is obtained from the secretary by the manager of the theatre in which the minor is to appear. This permit shall be issued only if the minor holds a certificate from the state or city where the minor resides permitting his appearance in theatrical performances, and if the secretary is of the opinion that the employment in such performances is not detrimental to the health or morals of the minor.
Acts 1989, No. 731, §2, eff. July 8, 1989; Acts 2008, No. 743, §7.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:291.1. Certificate of employability

RS 23:291.1 - Certificate of employability
A.(1) Any judge presiding over a reentry division of court created pursuant to R.S. 13:5401 shall issue a temporary certificate of employability to an offender under the intensive supervision of the reentry division of court.
(2) Any judge presiding over a reentry division of court created pursuant to R.S. 13:5401 shall issue a permanent certificate of employability to an offender who has successfully completed his sentence under R.S. 13:5401.
B.(1) A temporary certificate of employability shall be deemed null and void if the offender fails to successfully complete his sentence under R.S. 13:5401 and is revoked from probation.
(2) A certificate of employability shall be deemed null and void if the offender is convicted of any felony offense subsequent to the issuance of the certificate of employability.
C. Any employer, general contractor, premises owner, or other third party shall not be subject to a cause of action for negligent hiring of or failing to adequately supervise an offender certified to be employed due to damages or injury caused by that employee or independent contractor solely because that employee or independent contractor has been previously convicted of a criminal offense.
D. Nothing in this Subsection shall affect the vicarious liability of the employer pursuant to Civil Code Article 2320.
E. The provisions of this Section shall not supersede the provisions of R.S. 17:15.
Acts 2016, No. 538, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:291.2. Criminal history; hiring decisions

RS 23:291.2 - Criminal history; hiring decisions
A. Unless otherwise provided by law, when making a hiring decision, an employer shall not request or consider an arrest record or charge that did not result in a conviction, if such information is received in the course of a background check.
B. When considering other types of criminal history records, an employer shall make an individual assessment of whether an applicant's criminal history record has a direct and adverse relationship with the specific duties of the job that may justify denying the applicant the position. When making this assessment, an employer shall consider all of the following:
(1) The nature and gravity of the offense or conduct.
(2) The time that has elapsed since the offense, conduct, or conviction.
(3) The nature of the job sought.
C. Upon written request by the applicant an employer shall make available to the applicant any background check information used during the hiring process.
Acts 2021, No. 406, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:303. Civil suits authorized

RS 23:303 - Civil suits authorized
A. A plaintiff who has a cause of action against an employer, employment agency, or labor organization for a violation of this Chapter may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement, or if appropriate, front pay, reasonable attorney fees, and court costs. In such a suit, the venue shall be the district court in the parish in which the alleged violation occurred.
B. A plaintiff found by a court to have brought a frivolous claim under this Chapter shall be held liable to the defendant for reasonable damages incurred as a result of the claim, reasonable attorney fees, and court costs.
C. A plaintiff who believes he or she has been discriminated against, and who intends to pursue court action shall give the person who has allegedly discriminated written notice of this fact at least thirty days before initiating court action, shall detail the alleged discrimination, and both parties shall make a good faith effort to resolve the dispute prior to initiating court action.
D. Any cause of action provided in this Chapter shall be subject to a prescriptive period of one year. However, this one-year period shall be suspended during the pendency of any administrative review or investigation of the claim conducted by the federal Equal Employment Opportunity Commission or the Louisiana Commission on Human Rights. No suspension authorized pursuant to this Subsection of this one-year prescriptive period shall last longer than six months.
E. Notwithstanding Subsection D of this Section, there shall be no interruption of prescription resulting from a plaintiff's giving or failing to give the notice required in Subsection C of this Section.
Acts 1999, No. 1366, §1; Acts 2008, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:311. Application

RS 23:311 - Application
The prohibitions of this Part shall be limited to individuals who are at least forty years of age.
Acts 1997, No. 1409, §1, eff. Aug. 1, 1997; Acts 1999, No. 1366, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:314. Notices to be posted

RS 23:314 - Notices to be posted
Every employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice, to be prepared by the Louisiana Workforce Commission, setting forth information the commission deems appropriate to effectuate the purposes of this Part.
Acts 1997, No. 1409, §1, eff. Aug. 1, 1997; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:322. Definitions

RS 23:322 - Definitions
For the purposes of this Part, the following terms shall have the following meanings ascribed to them:
(1) "Adaptive devices" means any items utilized to compensate for a physical or mental impairment, including but not limited to braces or other supports, wheelchairs, talking boards, hearing aids, corrective devices, corrective lenses, or seeing eye dogs.
(2) "Direct threat" means a significant risk to the health or safety of the individual or others that cannot be eliminated by reasonable accommodation.
(3) "Person with a disability" means any person who has a physical or mental impairment which substantially limits one or more of the major life activities, or has a record of such an impairment, or is regarded as having such an impairment.
(4) "Discrimination" shall include unreasonable segregation or separation.
(5) "Essential functions" means the fundamental job duties of the employment position the person with a disability holds or desires. "Essential functions" does not include the marginal functions of the position.
(6) "Impairment" means an intellectual disability, any physical or physiological disorder or condition, or prior mental disorder or condition, but, at the discretion of the employer, may not include chronic alcoholism or any other form of active drug addiction, any cosmetic disfigurement, or an anatomical loss of body systems.
(7) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(8) "Otherwise qualified person with a disability" means a person with a disability who, with reasonable accommodation, can perform the essential functions of the employment position that such person holds or desires.
(9) "Reasonable accommodation" means an adjustment or modification to a known physical limitation of an otherwise qualified person with a disability which would not impose an undue hardship on the employer. This shall not require an employer to spend more for architectural modifications than that amount now allowed as a federal tax deduction. However, "reasonable accommodation" shall not be construed to impose on any private sector employer, unless otherwise required by law or under any contract with a federal, state, or local governmental body or subdivision, any additional costs in the hiring or the promotion of a person with a disability. Undue hardship is determined on a case-by-case basis taking into account all of the following:
(a) The employee or applicant for which accommodation is to be made.
(b) The specific disability of employee or applicant.
(c) The essential job duties of the position.
(d) The working environment.
Acts 1997, No. 1409, §1, eff. Aug. 1, 1997; Acts 2014, No. 811, §12, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:324. Defenses

RS 23:324 - Defenses
A. It may be a defense to a charge of discrimination under this Part that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to a person with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this Part.
B. The term "qualification standards" may include a requirement that an individual shall not pose a direct threat to the health or safety of himself or other individuals in the workplace.
Acts 1997, No. 1409, §1, eff. Aug. 1, 1997; Acts 2014, No. 811, §12, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:331. Veterans

RS 23:331 - Veterans
A. It shall be unlawful discrimination in employment to discharge, otherwise discipline, threaten to discharge, or threaten to discipline any veteran for taking time away from work to attend medical appointments necessary to meet the requirements to receive his veterans benefits.
B. The veteran shall verify his attendance of the medical appointment, if requested by his employer, by presenting a bill, receipt, or excuse from the medical provider.
C. If a veteran is discharged, disciplined, or has received a threat of discharge or discipline for attending medical appointments as provided in this Section, he may take legal action pursuant to R.S. 29:38(D).
D. For purposes of this Section, "veteran" shall mean any honorably discharged veteran of the armed forces of the United States including reserved components of the armed forces, the Army National Guard and the Air National Guard, the commissioned corps of the Public Health Service, and any other category of persons designated by the president in time of war or emergency.
Acts 2013, No. 165, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:334. Affirmative action programs; applicable definition

RS 23:334 - Affirmative action programs; applicable definition
Notwithstanding any other provision of law, whenever any employer in this state sponsors or initiates a program of affirmative action designed to cure or eradicate the effects of discrimination in employment, and the intent of such program is to affect the recruitment, selection, appointment, promotion, or other personnel procedures or functions in a manner so as to insure equal employment opportunity for minorities, the term "minority" means a person who is a citizen or lawful permanent resident of the United States and who can establish by information contained on his birth certificate, by tribal records, or by other reliable records that he is any of the following:
(1) Black: having origins in any of the black racial groups of Africa.
(2) Hispanic: of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race.
(3) Asian American: having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or Pacific Islands.
(4) American Indian or Alaskan Native: having origins in any of the original peoples of North America.
Acts 1997, No. 1409, §1, eff. Aug. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:341. Application

RS 23:341 - Application
A. The provisions of this Part shall apply only to an employer who employs more than twenty-five employees within this state for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.
B.(1) For purposes of this Part, pregnancy, childbirth, and related medical conditions are treated as any other temporary disability, except pregnancy-related conditions need not meet any definition of disability for the purposes of R.S. 23:342.
(2) Nothing in this Part shall be construed to require an employer to provide his employees with health insurance coverage for the medical costs of pregnancy, childbirth, or related medical conditions. The inclusion in any such health insurance coverage of any provisions or coverage relating to medical costs of pregnancy, childbirth, or related medical conditions shall not be construed to require the inclusion of any other provisions or coverage, nor shall coverage of any related medical conditions be required by virtue of coverage of any medical costs of pregnancy, childbirth, or other related medical conditions.
C. The provisions of this Chapter shall apply to the awarding of a contract or subcontract for providing goods or services.
D. Nothing in this Part shall impair any obligation an employer may have under any local ordinance or state or federal law or regulation.
Acts 1997, No. 1409, §1, eff. Aug. 1, 1997; Acts 1999, No. 1366, §1; Acts 2021, No. 393, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:341.1. Definitions

RS 23:341.1 - Definitions
A. The terms defined in this Part are to be construed in accordance with federal laws regarding disability, and based on pregnancy, childbirth, and related medical conditions.
B. For the purposes of this Part:
(1) "Applicant or employee with covered limitations" means an applicant for employment or an employee with medical needs causing limitations arising from pregnancy, childbirth, or related medical conditions, where such limitations are known to the employer.
(2) "Reasonable accommodation" may include but is not limited to the following:
(a) Making existing facilities used by employees readily accessible to and usable by an applicant or employee with covered limitations, provided the employer shall not be required to construct a permanent, dedicated space for expressing breast milk. Nothing in R.S. 23:342 exempts an employer from providing other reasonable accommodations.
(b) For an applicant or employee with covered limitations, providing scheduled and more frequent or longer compensated break periods; providing more frequent bathroom breaks; providing a private place, other than a bathroom stall, for the purpose of expressing breast milk; modifying food or drink policy; providing seating or allowing the employee to sit more frequently if the job requires the employee to stand; providing assistance with manual labor and limits on lifting; temporarily transferring the employee to a less strenuous or hazardous vacant position, if qualified; providing job restructuring or light duty, if available; acquiring or modifying equipment or devices necessary for performing essential job functions; or modifying work schedules.
(3) "Related medical condition" includes but is not limited to lactation or the need to express breast milk for up to one year after the child's birth and medical conditions related to pregnancy and childbirth.
(4) "Undue hardship" shall have the same meaning as the meaning given to it in 42 U.S.C. 12111 of the Americans with Disabilities Act of 1990, as amended.
Acts 2021, No. 393, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:352. Prohibition of sickle cell trait discrimination; exceptions

RS 23:352 - Prohibition of sickle cell trait discrimination; exceptions
A. It is unlawful for an employer to engage in any of the following practices:
(1) Fail or refuse to hire, or to discharge, any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because such individual has sickle cell trait.
(2) Limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect his status as an employee, because such individual has sickle cell trait.
(3) Reduce the wage rate of any employee in order to comply with this Part.
B. It is unlawful for an employment agency to fail to refer or refuse to refer for employment, or otherwise to discriminate against, any individual because such individual has sickle cell trait, or to classify or refer for employment any individual on the basis that such individual has sickle cell trait.
C. It is unlawful for a labor organization to engage in any of the following practices:
(1) Exclude or expel from its membership, or otherwise discriminate against, any individual because of sickle cell trait.
(2) Limit, segregate, or classify its membership, or classify or fail to refer or refuse to refer for employment any individual in any way which would deprive or tend to deprive any individual of employment opportunities, or limit such employment opportunities, or otherwise adversely affect his status as an employee or as an applicant for employment, solely because such individual has sickle cell trait.
(3) Cause or attempt to cause an employer to discriminate against an individual in violation of this Section.
D. It is unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership because such individual, member, or applicant for membership has opposed any practice made unlawful by this Section, or because the individual, member, or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this Part.
E. It is unlawful for an employer, labor organization, or employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by such employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such employment agency indicating any preference, limitation, specification, or discrimination based on sickle cell trait.
Acts 1997, No. 1409, §1, eff. Aug. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:354. Notices to be posted

RS 23:354 - Notices to be posted
Every employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice, to be prepared by the Louisiana Workforce Commission, setting forth information as the commission deems appropriate to effectuate the purposes of this Part.
Acts 1997, No. 1409, §1, eff. Aug. 1, 1997; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:369. Notices to be posted

RS 23:369 - Notices to be posted
Every employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice, to be prepared by the Louisiana Workforce Commission, setting forth information the commission deems appropriate to effectuate the purposes of this Part.
Acts 2001, No. 330, §1; Acts 2008, No. 743, §7, eff. July 1, 2008.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:370. Genetic testing and cancer screening leave of absence

RS 23:370 - Genetic testing and cancer screening leave of absence
A. When medically necessary, as that term is defined in R.S. 23:302, an employer shall grant an employee a day's leave of absence from work to obtain genetic testing or preventive cancer screening. An employee who wishes to request this leave shall provide at least fifteen days notice to the employer prior to the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer. Furthermore, the employee shall provide documentation confirming the performance of the genetic testing or cancer screening when requested by the employer. An employee shall not be required to but may disclose the results of genetic testing or a preventative cancer screening.
B. Notwithstanding any other provision of law to the contrary, an employer, employment agency, or labor organization shall not be required to provide paid time off to any employee who is absent from work due to genetic testing or a medically necessary cancer screening. However, an employee shall be permitted to substitute any accrued vacation time or other appropriate paid leave for leave taken pursuant to this Section.
C. Every employer shall post in a conspicuous location on its premises a notice, to be prepared by the Louisiana Workforce Commission, setting forth the requirements of this Section.
Acts 2023, No. 210, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:381. Purposes

RS 23:381 - Purposes
The purposes of this Chapter are:
(1) To open to people the opportunity to obtain training that will equip them for profitable employment and citizenship;
(2) To set up, as a means to this end, a program of voluntary apprenticeship, under approved apprentice agreements, providing facilities for their training and guidance in the arts and crafts of industry and trade, with parallel instruction in related supplementary education;
(3) To promote employment opportunities for young people under conditions providing adequate training and reasonable earning;
(4) To relate the supply of skilled workers to employment demands;
(5) To establish standards for apprentice training;
(6) To establish an apprenticeship council to assist in effectuating the purposes of this Chapter;
(7) To provide for a director of apprenticeship within the Louisiana Workforce Commission;
(8) To provide for reports to the legislature and to the public regarding the status of apprentice training in the state;
(9) To establish a procedure for the determination of apprentice agreement controversies; and
(10) To accomplish related ends.
Acts 1987, No. 623, §1; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 791, §1.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:382. Apprenticeship council

RS 23:382 - Apprenticeship council
A. The secretary shall appoint an apprenticeship council, composed of three representatives each from employer and employee organizations respectively, and of two representatives of the general public. The three employer representatives shall be selected from lists supplied by employer organizations which are participating in bona fide apprenticeship programs. The three employee representatives may be representatives of labor organizations, who have been nominated by state labor federations. The state official in charge of trade and industrial education shall, ex officio, be a member of the council. Each member shall be appointed for a term of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of his predecessor shall be appointed for the remainder of the term. Each member of the council not otherwise compensated by public monies, shall be reimbursed for transportation and shall be paid thirty-five dollars per day for each day spent in attendance at meetings of the apprenticeship council.
B. The apprenticeship council shall meet at the call of the secretary or the director of apprenticeship and shall aid in formulating policies for the effective administration of this Chapter. Subject to the approval of the secretary, the apprenticeship council may recommend standards and procedures for registration and de-registration of apprenticeship programs in conformity with established programs approved by the United States Department of Labor, Office of Apprenticeship, and for approval of apprenticeship agreements which in no case shall be lower than those prescribed by this Chapter and by the United States Department of Labor, Office of Apprenticeship, or lower than approved national standards; shall issue such rules and regulations as may be necessary to carry out the intent and purposes thereof; and shall perform such other functions as the secretary may direct. Not less than once a year the apprenticeship council shall make a report, through the secretary, of its activities and findings to the legislature and to the public.
Amended by Acts 1974, No. 529, §1; Acts 1986, No. 741, §1; Acts 1987, No. 623, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 791, §1; Acts 2014, No. 740, §1, eff. June 19, 2014; Acts 2018, No. 380, §1, eff. June 30, 2018.
2023 Louisiana Laws › Revised Statutes › Title 23 - Labor and Worker's Compensation › §23:383. Director of apprenticeship

RS 23:383 - Director of apprenticeship
The secretary or his designee shall appoint a director of apprenticeship. The secretary is further authorized to appoint and employ such clerical, technical, and professional help as shall be necessary to effectuate the purposes of this Chapter.
Acts 2010, No. 791, §1.