Louisiana labor laws do not require most employers to provide rest or meal breaks. However, some federal rules apply when employers provide such breaks at their discretion. There are special protections in place for minors and pregnant or nursing employees under Louisiana’s break laws.
This article covers rest breaks, meal periods, breastfeeding accommodations, break rules for minor employees, and the penalties employers may face for violating Louisiana or federal break requirements.
This Article Covers
- Rest Breaks in Louisiana
- Meal Breaks in Louisiana
- Breastfeeding Breaks in Louisiana
- Breaks for Minor Employees in Louisiana
- Penalties for Violating Break Laws in Louisiana
Rest Breaks in Louisiana
There are no state-specific laws for rest breaks in Louisiana. However, employers can choose to offer them as part of their policy.
If an employer covered by the federal Fair Labor Standards Act (FLSA) chooses to offer such breaks, some federal rules apply. Rest breaks lasting five to 20 minutes must be paid and must be counted as hours worked in weekly hours and overtime pay calculations in Louisiana.
These rest break hours cannot be offset against other working hours, such as on-call or waiting time.
Discover your overtime rights in Louisiana.
Meal Breaks in Louisiana
Employers in Louisiana are not required to provide meal breaks to employees, but some employers choose to offer lunch breaks for employee well-being.
In such cases, if an employer covered by the FLSA provides meal breaks at their own discretion, there are certain guidelines they must follow. Bona fide meal periods of 30 minutes or longer can be unpaid if the employee is completely relieved from job duties. In special cases, a shorter meal break can also be provided.
If an employee is required to perform any duties, such as eating at their desk or monitoring machinery while eating, they must be paid for the break time.
However, employers in Louisiana are not required to allow employees to leave the work premises during meal breaks, as long as they are freed from work duties.
Breastfeeding Breaks in Louisiana
Employers in Louisiana who have more than 25 employees on each working day for 20 or more weeks in the current or previous year are required to provide reasonable accommodations to employees with medical needs or limitations related to pregnancy, childbirth, or related medical conditions under the Louisiana break laws.
Related medical conditions also include lactation and the need to pump for up to one year after the child’s birth, as well as other pregnancy- and childbirth-related medical needs.
Employers are required to provide pregnant or nursing employees with accommodations, including but not limited to:
- Allowing more frequent, longer, or paid breaks.
- Allowing more frequent bathroom breaks.
- A private space (not a bathroom stall) for pumping breast milk.
- Giving access to existing areas for expressing milk. Employers don’t have to construct a permanent lactation room, though.
If complying with these Louisiana break laws will cause undue hardship, significant difficulty, or expense for the employer, they can be exempted.
Breaks for Minor Employees in Louisiana
Minor employees under 16 must receive at least a 30-minute meal break within five hours of work, as mandated by Louisiana child labor laws. Meal breaks for minors do not count as work time.
A small delay of ten minutes or less in giving the break is allowed and not considered a violation. If the break is at least 20 minutes, the shortfall from the required 30 minutes is also treated as a small, acceptable difference.
Employers must record breaks provided to minors in their normal timekeeping system. If a minor forgets to clock in or out and a time correction is needed, the edit must be documented and signed by both the minor and the manager.
Penalties for Violating Break Laws in Louisiana
Penalties for Violations of Louisiana Child Labor Laws
Allowing a minor employee to work in violation of Louisiana’s child labor laws or break laws can lead to a fine of $100-$500, 30 days to six months in jail, or both.
The losing party in a hearing may have to pay litigation costs (up to $7,500), including attorney fees and other expenses.
In addition to criminal penalties, Louisiana Works can also impose a civil penalty of up to $500 on those who violate child labor laws in the state.
Penalties for Violating Pregnancy-Related Accommodations in Louisiana
Employers in Louisiana are prohibited from denying promotions, training, or terminating an employee’s employment due to pregnancy or a related medical condition. Failing to provide reasonable accommodations for pregnancy-related limitations, unless it causes an undue hardship, is also unlawful under Louisiana labor laws.
Employers also cannot force nursing employees to accept accommodations they don’t want ot need for their job. Lastly, employers cannot punish an employee for requesting or using a reasonable accommodation.
Penalties for Violating FLSA Break Rules in Louisiana
When employers covered by the FLSA provide work breaks to employees in Louisiana, the employee cannot extend the break beyond the allowed limit. Doing so is considered a violation and is punishable. Also, the extended break hours don’t count as hours worked.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
