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Louisiana Employment Law Questions & Answers
2 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for Louisiana on
Q: Slipped on wet floor at work, sustained injuries; legal options?

While working at a national chain restaurant, I slipped on a floor that is perpetually wet due to an underlying leak, which I had reported multiple times to management without any response. Shortly after a manager warned me to be careful, I fell, hitting the right side of my face on the concrete... View More

Emery Brett Ledger
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answered on Jun 3, 2025

Hi. I’m very sorry to hear about your injury, it sounds like a difficult and painful experience.

Although I’m licensed to practice law in California, Washington, and Texas, I can still share some general information that may be helpful as you consider your next steps.

In many...
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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

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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 Employment Law for Louisiana on
Q: Can I be fired for a comment if no policies or warnings were given?

I was fired from my job immediately after writing a comment on a board, stating 'I wonder how many lazy men work here and expect a female to take all these boxes to the trash.' My employer said I called the workers lazy. I had been working there for seven months and there were no prior... View More

James L. Arrasmith
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answered on Nov 1, 2025

Yes, your employer can lawfully fire you in Louisiana, even without prior warnings or a written policy, because Louisiana is an at‑will employment state (La. Civ. Code art. 2747). At‑will means you may be discharged for any reason or no reason, so long as the reason is not illegal.

The...
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1 Answer | Asked in Child Custody, Employment Law and Family Law for Louisiana on
Q: Can a single drug use impact my custody rights?

I recently tried an illegal drug for the first and only time while my children were with their father for the summer, so they were not in my custody at that time. The father became suspicious and requested a hair follicle test, which I unfortunately failed. Following this, we returned to court to... View More

James L. Arrasmith
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answered on Oct 30, 2025

It’s understandable to be worried about how this one mistake could affect your custody situation, but a single incident of drug use doesn’t automatically mean you will lose your parental rights. In most cases, family courts focus on **patterns of behavior** and whether a parent poses an ongoing... View More

1 Answer | Asked in Criminal Law and Employment Law for Louisiana on
Q: How can I prevent extradition and facilitate my fiancé's release for a felony vehicle charge in Louisiana?

My fiancé was charged with felony unauthorized use of a vehicle in Livingston Parish, Louisiana, and is currently held in Charleston County Jail, waiting for extradition. He bought the vehicle from a couple and paid $2,500 but couldn’t sign the title as it was unavailable at the time. The... View More

James L. Arrasmith
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answered on Oct 13, 2025

I’m really sorry you’re going through this, especially with so much happening in your life right now. Unfortunately, once another state—like Louisiana—issues a warrant for felony extradition, local authorities in South Carolina are required to hold your fiancé until Louisiana either picks... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Louisiana on
Q: Doctor offered money inappropriately; need advice on reporting and safety.

I work for a cleaning company that is contracted with a doctor's office. One night, the doctor offered me money for inappropriate reasons, which made me feel uncomfortable and unsafe. I haven't reported it yet because it just happened, and I'm unsure of what to do, especially as... View More

James L. Arrasmith
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answered on Oct 3, 2025

What you went through is serious, and it’s understandable that you’re feeling shaken and unsure of your next steps. Even without witnesses, your experience matters, and it deserves to be documented and addressed. The first step you should take is to write down exactly what happened while it’s... View More

1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for Louisiana on
Q: Fired after injury and failed drug test, need advice on termination due to unsafe work conditions.

I was injured at work due to unsafe conditions while performing my job, which resulted in a fractured thumb requiring surgery covered by workers' compensation. My employer conducted a drug test three days later, which I failed, and I was subsequently fired. After the accident, I received no... View More

James L. Arrasmith
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answered on Sep 27, 2025

Being fired so soon after an on-the-job injury raises real concerns, especially since the accident involved unsafe working conditions. Workers’ compensation laws are designed to protect you when you are hurt on the job, and employers are generally prohibited from retaliating against employees who... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: How can I protect myself from potential termination while on short-term disability?

I am currently on company-provided short-term disability following back surgery and have been out for 4.5 weeks. A coworker informed me that they overheard two managers mentioning that I will be terminated once I am cleared to return to work. I have no prior disciplinary issues or negative... View More

James L. Arrasmith
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answered on Sep 25, 2025

First, it’s important to document everything related to your short-term disability leave and any communications with your employer. Keep copies of medical notes, approvals for your leave, emails, and any messages that could show your performance, compliance, and concerns raised at work. This... View More

1 Answer | Asked in Employment Law and Health Care Law for Louisiana on
Q: Employer failed to deduct health insurance premiums, asking for repayment. What are my legal options?

From April 1, 2025, to now, my employer did not deduct health insurance premiums from my paycheck. They claim it's my fault for not checking sooner and say I owe nearly $900. Initially, they wanted to deduct $100 per week on top of my regular premium to repay by the year's end. I was... View More

James L. Arrasmith
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answered on Sep 15, 2025

First, review your employment agreement, pay stubs, and any documentation regarding health insurance premiums. Confirm exactly what your employer was supposed to deduct and when, and keep a detailed record of the amounts you were actually charged and paid. This will help establish whether the error... View More

1 Answer | Asked in Employment Law, Landlord - Tenant, Civil Rights and Real Estate Law for Louisiana on
Q: Is it legal for my supervisor to share my employment status, causing eviction?

I left my job site early without notifying anyone that I quit. The next day, my supervisor contacted another employee, who is also my landlord, to reach me. My supervisor informed this employee that I had quit and was no longer employed, knowing this individual was my landlord. Consequently, I... View More

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answered on Sep 12, 2025

In general, employers have some discretion in communicating employment status, but sharing information that you quit with someone who is also your landlord, especially knowing it could cause eviction, raises serious concerns. While there is no federal law that explicitly forbids this kind of... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: What to do if unpaid for 38 hours despite evidence of work in LA?

I have not been paid for 38 hours of work at a pay rate of $13.50 an hour. I have approached HR since June, but they claim they cannot prove I was at work, despite witnesses, including my manager, confirming my presence. There are also cameras that showed me at work. I have not filed a formal... View More

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answered on Sep 9, 2025

You have clear evidence that you worked the hours in question, including witness statements and video footage. The first step is to **document everything**—your work schedule, communications with HR, and any proof from cameras or colleagues confirming your presence. Keeping a clear record will... View More

2 Answers | Asked in Personal Injury, Civil Rights and Employment Law for Louisiana on
Q: What can I do after being punched by a car wash supervisor as a customer in Louisiana?

I was punched in the face by a supervisor at a local car wash while I was a customer. There was a witness, and I reported the incident to law enforcement, but the cops did nothing about it. My jaw hurts where he punched me, and I can barely chew on that side. What can I do about this situation?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 8, 2025

Based on your post, you can sue the supervisor ad car wash civilly for your damages however the best & most efficent way to maximize your damages and resolve this is with an accident/injury lawyer. Most who practice in this area will provide a free initial consult---I know my firm does---so... View More

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