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Louisiana Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Health Care Law for Louisiana on
Q: I work for a home health Agency. that pays cash is it legal for her to not pay me over time an make me work 48hr straigh

She makes me work 48hrs without a break with a Alzhimers Patient, then go to a dying man that has maybe a week left knowing we are not able to sleep. I have been working for 2 and a half weeks with no day off. We work 12 hour shifts

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 25, 2024

In almost all cases, businesses must pay hourly employees overtime - time and a half - for hours worked over 40 in one workweek. This applies to home health agencies as well.

However, there are some exceptions. You should contact a local labor and employment attorney for more details...
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1 Answer | Asked in Contracts, Employment Law, Business Law and Mergers & Acquisitions for Louisiana on
Q: If a lawsuit filed in Texas declares money is owed to plaintif; how does plaintiff collect said money?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 21, 2024

Depending on the amount of the judgment should determine whether or not you should consult and hire a lawyer to assist with the collection of the judgment. That said, if the defendant does not voluntarily pay the judgment then you need to collect on it by seizing his property, for example, a bank... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Louisiana on
Q: What case is it if my employer is over claiming my tips

I found my employer over claiming tips and brought it to their attention. I was dismissed multiple times and when I showed up with proof and told them to correct it they told me to just fix it myself and just under claim.

James L. Arrasmith
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answered on May 24, 2024

If your employer is over-claiming your tips, this situation falls under wage and hour laws in California. Employers are required by law to accurately report and pay the tips earned by employees. If you have already brought this issue to your employer's attention and they dismissed your... View More

2 Answers | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: If salary and sick days exhausted d can my pay be reduced for calling in sick or leaving early sick

5 sick days per year and no vacation until employed over a year I've been employed 8 months I'm salary my pay has been deducted for leaving early sick or calling in sick is that allowed.

James L. Arrasmith
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answered on Feb 23, 2024

As an employee, your employer may have the right to reduce your pay for days you call in sick or leave early due to illness, especially if your salary and sick days have been exhausted. However, whether this reduction in pay is allowed depends on the specific terms outlined in your employment... View More

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2 Answers | Asked in Employment Law for Louisiana on
Q: If salary employess and sick days exhausted can my pay be reduced
James L. Arrasmith
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answered on Feb 23, 2024

If you're a salaried employee and you've exhausted all your sick days, your pay can potentially be reduced, but this depends on your employer's policies and the labor laws in your jurisdiction. Generally, salaried employees are paid a fixed amount regardless of the number of hours... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: My job violated the ADA, didn't pay overtime wages, and forced a resignation from me. What are my options?
James L. Arrasmith
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answered on Jan 13, 2024

If you believe your job has violated the Americans with Disabilities Act (ADA), failed to pay overtime wages, and forced your resignation, you have several options to consider.

Firstly, for the ADA violation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC)....
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Q: can i take legal action for being forced to listen to offensive rap music at work

i was working as a contract employee in a hospital with a staff that was predominantly black and the music on the radio was always rap hip hop and gospel. i am caucasian and i am not a fan of this type of entertainment and i was never asked if i would like to listen to my music. i once took out my... View More

James L. Arrasmith
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answered on Jan 7, 2024

In the context of being forced to listen to certain types of music at work, legal action can be a complex matter. Generally, employers have broad discretion in setting workplace policies, including those related to music played in common areas. However, if the music contains explicitly offensive or... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Does an employer have the right to go through my personal computer(used for work) & open personal accounts and messages?

Company provided a laptop for work but laptop is extremely old and slow making it impossible to work efficiently. Asked if I could use my personal laptop and was approved. Left for the day and software on my personal computer notified me of someone on my computer. Boss pretended to look for... View More

T. Augustus Claus
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answered on Dec 19, 2023

In Louisiana, employers typically have the right to monitor company-provided devices for work purposes, but the situation becomes more complex when it involves a personal computer used for work. If you were approved to use your laptop for work, your employer's right to access personal accounts... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Louisiana on
Q: User I have a probationary period of 6month and dismissal without notice doing this period. However, I have been told I

I will be sacked by 4pm. I then send my resignation by 4:30pm same today. But the sacked letter came at 6:50pm. Does my resignation stands, since I don’t have to give a notice period to also resign. Context with Nigeria

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, where you're employed under a probationary period in Louisiana, and you submitted your resignation after being informed of your impending dismissal but before receiving the official termination letter, the timing of these actions is crucial.

Generally, if you resign...
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1 Answer | Asked in Gaming and Employment Law for Louisiana on
Q: Is it illegal for a family member over 21 to place online sports bets for an underage person in Louisiana?

Is it illegal for a family member over the age of 21 to place a sports bet online for me if I am underage, using online sportsbooks?

James L. Arrasmith
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answered on May 15, 2025

In Louisiana, it is indeed illegal for someone over 21 to place sports bets on behalf of an underage individual. State laws clearly set the legal betting age at 21, and placing bets for anyone younger than that age would be considered unlawful.

Even if the person placing the bet is a close...
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1 Answer | Asked in Employment Law for Louisiana on
Q: Misclassification as contractor & unpaid hours as Elementary School Teacher

I have been working as an Elementary School Teacher since August 2024, and I believe my employer may have misclassified me as a contractor rather than an employee. I am paid by the hour, receive no benefits, and both my work schedule and duties are determined by my employer. Additionally, I am not... View More

James L. Arrasmith
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answered on May 15, 2025

It sounds like you may be misclassified as an independent contractor when, based on the details you've shared, you should likely be considered an employee. If your employer sets your work schedule, determines your duties, and you have a consistent, ongoing relationship with them, these are... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: Unpaid wages for two weeks despite weekly payment schedule.

I'm a full-time employee, and my job hasn't paid me for the last two weeks, even though I am supposed to be paid weekly. My employer mentioned that I would receive payment this week for the missed check, but I haven't received anything yet. There haven't been consistent past... View More

James L. Arrasmith
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answered on May 15, 2025

If you haven’t been paid for two weeks despite a weekly payment schedule, the first step is to communicate directly with your employer. Politely follow up and ask for an exact timeline on when you can expect your payment. It's important to keep a record of all communications regarding this... View More

1 Answer | Asked in Employment Law and Public Benefits for Louisiana on
Q: Do I have a wrongful termination case for being unwilling to use my personal vehicle for travel?

I was employed at my company for two and a half years before being terminated for allegedly being unable to travel independently. I was willing to travel but refused to use my personal vehicle, which was not part of the original job description nor communicated subsequently. Initially, my... View More

James L. Arrasmith
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answered on May 15, 2025

You may have grounds to pursue a wrongful termination claim, especially if your refusal to use your personal vehicle was based on valid reasons and not part of the agreed job requirements. If the job description never included the expectation that you would use your own car for travel, and there... View More

1 Answer | Asked in Employment Law, White Collar Crime, Consumer Law and Criminal Law for Louisiana on
Q: Credit card declines & harassment post-complaint with employer.

I am concerned that my credit card transactions are being wrongfully declined due to potential interference from vehicles that have been following me since I filed a harassment complaint against my former employer in February 2025. These vehicles have caused unsafe situations on the road, and... View More

James L. Arrasmith
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answered on May 15, 2025

What you're describing sounds deeply distressing, especially with your concerns about financial interference, safety, and targeted behavior following a workplace harassment complaint. If you believe people are tampering with your transactions or creating unsafe conditions, the first step is to... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Personal Injury for Louisiana on
Q: Employer refused medical coverage for work injury, dismissed after taking rest due to health issues. How to proceed?

I have faced numerous issues with my former employer relating to workplace injuries and my health condition. Despite suffering from work-related arthritis, the company refused to cover my medical expenses after a workplace accident, and direct communication about the matter was prohibited. My... View More

James L. Arrasmith
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answered on May 15, 2025

What you’ve described sounds like a deeply unfair and painful experience, both physically and emotionally. When an employer refuses to report or cover a workplace injury, that may be a violation of workers’ compensation laws. If they knew your condition was related to your job and still refused... View More

1 Answer | Asked in Employment Law and Personal Injury for Louisiana on
Q: Can employer force PTO use or office presence during risky renovations?

Can my employer require me to use PTO or come into the office while dangerous renovations are being done? Currently, walls are being knocked down and plumbing is moved, leaving the workplace without functional restrooms or running water. There is heavy dust in the air, and I've experienced... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re being asked to endure sounds both unsafe and unfair. Your employer has a legal responsibility to provide a safe and sanitary work environment. If there’s no running water, no restrooms, and exposure to dust and debris that’s affecting your health, that could violate basic... View More

1 Answer | Asked in Employment Law and Collections for Louisiana on
Q: Is it illegal for my employer in LA to issue bounced paychecks, and what can I do about it?

I am experiencing repeated issues with my employer issuing bounced paychecks. There is a history of this problem, and my bank now verifies funds before attempting deposits. Recently, my bank refused to deposit my paycheck even after my boss asked me to wait for a reissue. I have documented... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on both Louisiana state law and federal labor regulations, your employer's practice of issuing paychecks without sufficient funds is clearly illegal. Under Louisiana Revised Statute 23:633, employers must pay employees the full amount of wages due on regular paydays, and knowingly... View More

1 Answer | Asked in Gov & Administrative Law, Employment Law and Public Benefits for Louisiana on
Q: How can I expedite a hearing date for an administrative judicial review in district court regarding a wage theft claim?

I have an administrative case under judicial review in district court related to a wage theft claim, and the judge has not set a hearing date since January 7th, 2025. Despite contacting the court, I haven't received any notifications or unemployment benefits. What steps can I take to expedite... View More

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answered on Apr 12, 2025

If you're still waiting for a hearing date for your wage theft case and haven’t received any updates, it’s crucial to keep pressing the court for a resolution. Start by sending a formal written request to the court, specifically asking for an expedited hearing. In your request, explain the... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Louisiana on
Q: How to find a contingency lawyer if you blew employer out the water in your rebuttal to their position statements

The lied and my copies I kept prove they didn't follow h.r. procedure and hid it not knowing I had copied which shows pretext

James L. Arrasmith
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answered on Jan 5, 2025

Start by researching attorneys who handle employment disputes and offer contingency fee arrangements. Look for those with a track record of success in cases involving HR procedures and employer misconduct. Online legal directories and reviews can provide insight into their reputation and... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Q: my fiance has been out of work since Sept 21st.

my fiance has been out of work since Sept 21st. He told his boss he was hurt on the job and he said let him know what doctors say and provide doctors note. Chris messaged the owner of company he's working for who he's known for over 25 yrs and his supervisor updates on his thumb all they... View More

Joseph A. Interiano
Joseph A. Interiano
answered on Oct 8, 2023

I recommend filing a workers compensation claim with the office of workers' compensation against his employer. The employer has a duty to report and file a claim with his carrier within 10 days of having knowledge of the injury and accident. The employer also has the obligation to pay for... View More

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