Louisiana Amends Employment Law in Several Fronts

What happened?

In June 2024, several bills became law with and without the signature of the Louisiana Governor, which amended Louisiana labor laws on several fronts.

What are the details?

Key Updates:

• Meal Breaks for Workers under 16: all minor employees are now required to have a 30-minute break for any 5 hours. This is effective on August 1, 2024.
  
• 2 years for Employment Torts: The statute of limitations for employment torts has been expanded from 1 year to 2. This applies to torts occurring on or after the effective date, July 1, 2024.

• Pre-dispute Arbitration pacts banned for sexual harassment: employers are now prohibited from using arbitration pacts as a condition of continued employment or continued employment from prospective or actual employees regarding sexual harassment. However, it leaves the possibility of arbitration after the claim arises. This is effective on August 1, 2024.

• Pre-dispute Nondisclosure agreements banned for sexual harassment or hostile work environment: employers are now prohibited from using nondisclosure agreements for sexual harassment or hostile work environments, except for establishing a confidential settlement agreement, provided that the agreement is entered after a report or dispute of hostility or harassment has occurred. The law does not address what happens to provisions that were already enacted.

This is effective on August 1, 2024.

Business Considerations

• Employers should update their policies and practices to meet the new requirements.
• Employers should review and adjust their labor contracts to meet the new restrictions.

Source References

• LA HB 156 (Act 603)
• LA HB 315 (Act 423)
• LA HB 118 (Act 541)
• LA HB 161 (Act 781)
• New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and August 2024 (Ogletree Deakins)

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