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Women are
100%
more likely to
live in poverty
than white men in
Louisiana
Single-woman led households are at the
highest risk
of poverty in
Louisiana
In
Louisiana
, women earn
$0.61
for every dollar a white man makes
Women in
Louisiana
are
102%
more likely to earn
minimum wage
than white men
Women in
Louisiana
are
101%
more likely to earn a
tipped wage
than white men
In
Louisiana
, at least
73%
of women are essential to the financial security of their household
Louisiana's equal pay law requires equal pay on the basis of sex for jobs in which their performance requires equal skill, effort, and responsibility, and which are performed under similar working conditions.[1]
· Affirmative Defenses: To justify a pay disparity, a private employer can assert that it was based on a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a differential based on any factor other than sex; or employees who work in different locations.[2]
· Retaliation: Public employers cannot discriminate, retaliate, or take any adverse employment action against a public employee who files an equal pay complaint, testifies, or assists in a proceeding.[3] Louisiana does not specifically protect private employees who file an equal pay complaint from retaliation by their employer. However, an employer cannot retaliate against an employee who in good faith, and after advising the employer of a violation of state law discloses or threatens to disclose a violation, testifies or assists in a proceeding, or refuses to participate in the violation.[4] Additionally, federal protections under Title VII and the EPA may apply.[5]
[1] La. Rev. Stat. § 23:332(A)(3).
[2] La. Rev. Stat. § 23:332(H)(3).
[3] La. Rev. Stat. § 23:664(E).
[4] La. Rev. Stat. § 23:967(A).
[5] 29 U.S.C. §215(a)(3).
No. Louisiana's law is similar to the Federal law in requiring equal pay for equal work and including any factor other than sex as an affirmative defense. Additionally, it provides another affirmative defense for employees who work in different locations.
No. Louisiana does not mandate any form of employer pay disclosure.
No. Louisiana state law does not prohibit the use of salary in hiring and setting pay, except for public employees. However, the city of New Orleans prohibits inquiring about salary history; screening applicants based on their current or prior pay, compensation, or other benefits; and relying on pay history to determine pay or make an offer.[1] Once an offer for employment is made, an applicant may provide salary history to negotiate higher pay.[2]
[1] New Orleans, LA., Code of Ordinances § 2-14.
[2] Id.
No. Louisiana law does not include protection for private employees.[1] Under federal law private sector employers generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[2]
[1] La. Rev. Stat. § 23-664.
[2] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd., https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages (last visited Jan. 28, 2022); see 29 U.S.C. §§ 151-169.
No. Louisiana law does not require employers to collect, report, or assess gender-based pay data.
No. Louisiana’s minimum wage is the same as the Federal minimum wage.[1] Additionally, Louisiana prohibits local governments from establishing a minimum wage.[2]
[1] State Minimum Wage Laws, U.S. Dep’t of Lab. (Jan. 1, 2022), https://www.dol.gov/agencies/whd/minimum-wage/state#ms.
[2] La. Rev. Stat. § 23:642(B).
No. Louisiana has not enacted protections to eliminate the tipped wage for certain industries. Employers can pay employees who earn at least $30 in tips per month the lower federal minimum tipped wage.[1]
[1] State Minimum Wage Laws, U.S. Dep’t of Lab. (Jan. 1, 2022), https://www.dol.gov/agencies/whd/minimum-wage/state#ms.
No. For employees in most industries, Louisiana does not require employers to pay wages at regular intervals. For employees in oil and gas, mining, manufacturing, and public service corporations, employers must pay these employees no less than twice a month.[1] If an employer in any of these industries fails to designate paydays, it must pay employees on the 1st and 16th of the month.[2]
[1] La. Rev. Stat. § 23-633.
[2] La. Rev. Stat. § 23-633.
Yes. Employers must inform employees at the time of hire what wages they will be paid, the method in which they will be paid, and the frequency of payment, along with any subsequent changes.[1]
[1] La. Rev. Stat § 23:633 (A).
No. Louisiana does not have a state overtime law, so federal law governs. Covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek (any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate no less than time and a half at the regular rate of pay.[1]
[1] 29 U.S.C. §207 (2020).
Yes. Louisiana requires employers to pay employees all wages due upon termination, either on or before the next payday or no later than 15 days, whichever comes first.[1] Employers who violate this law are liable for a civil penalty and potentially reasonable attorney fees.[2] Employees who violate the wage frequency law for certain occupations are also liable for a civil penalty and may also face imprisonment.[3]
[1] La. Rev. Stat. § 23:631.
[2] La. Rev. Stat. §23:632.
[3] La. Rev. Stat. § 23:633(E).
