Louisiana Society for Human Resource Management
2015 Regular Session Bills of Interest
The following are summaries of bills pending before the Louisiana Legislature during the 2015 Regular Session, and their current status.
If you have any questions, please do not hesitate to contact me, Michael Weiner, Louisiana SHRM’s Legislative Director, at or 985-875-7710.
v H.B. 87: Provides for equal pay for women – INVOLUNTARILY DEFERRED IN HOUSE LABOR AND INDUSTRIAL RELATIONS COMMITTEE
Ø Expands the current Equal Pay for Women Actto include all employers in Louisiana which employ 15 or more persons within the state
v HB 182: Provides for equal pay equality regardless of gender– INVOLUNTARILY DEFERRED IN HOUSE LABOR AND INDUSTRIAL RELATIONS COMMITTEE
Ø Limits the current law on factors other than sex that can be considered in determining whether a pay practice is sex discrimination
Ø Amends the current Equal Pay for Women Act to:
§ Include all employers in the state that employ twenty or more employees in the state
§ Reduce the factors an employer can consider in determining whether employees are performing the same or similar work
§ Provide for additional damages up to the amount of unpaid wages
v HB 356: Adds additional persons to the definition of “fireman” for purposes of wage and hour issues – PENDING HOUSE FINAL PASSAGE
Ø Amends La. R.S. 33:1991(A)(1) to include in the definition of “fireman” persons involved in fire investigation, fire protection, emergency duties and those training such person
v HB 379: Amends drug testing statutes to include CAP-HAIR testing– PASSED HOUSE, PENDING SENATE HEALTH AND WELFARE COMMITTEE
Ø Adds authorization for drug testing of hair samples by laboratories certified for such testing by the College of American Pathologists
v HB 512: Expands entities where employees can authorize payroll deductions– PENDING HOUSE LABOR AND INDUSTRIAL RELATIONS COMMITTEE
Ø Allows employees of charter schools to authorize payroll deductions, including union dues
v HB 612: Prohibits discrimination on the basis of sexual orientation, gender identity and gender expression– PENDING HOUSE CIVIL LAW AND PROCEDURE COMMITTEE
Ø Amends a variety of statutes, including Louisiana Employment Discrimination Law, to prohibit discrimination on the basis of sexual orientation, gender identity and gender expression
Ø Amends some statutes to include the prohibition of discrimination based on age, sex and disability where not specifically prohibited
Ø Defines sexual orientation as an individual’s actual or perceived heterosexuality, homosexuality, or bisexuality
Ø Defines gender identity or expression as gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth
v HB 632: Prohibits discrimination based on the actual or perceived sexual orientation, gender identity, or gender expression– PENDING HOUSE CIVIL LAW AND PROCEDURE COMMITTEE
Ø Enacts new statutes prohibiting discrimination of an employee on the basis of actual or perceived sexual orientation, gender identity, or gender expression
Ø Prohibits retaliation
Ø Allows dress codes, but employer could not prohibit an employee from dressing according to the employee’s gender identity
Ø Prohibits an employer from refusing to provide benefits for the domestic partner of any employee
v HB 677: Provides for a state minimum wage– PENDING HOUSE LABOR AND INDUSTRIAL RELATIONS COMMITTEE
Ø Establishes a minimum wage for non-tipped employees of $7.25 or the federal minimum wage, whichever is higher
Ø Establishes a minimum wage for tipped employees of $5.25 increasing to $7.25
Ø Provides that employers found to have violated the minimum wages would be liable for 90 days wages, as well as the difference between what the employee was paid and what the employee should have been paid, and attorney’s fees
Ø Does not apply to student employees, but applies to prisoner employees
v HB 703: Provides for payroll taxes to fund benefits payable under the Louisiana Family and Medical Leave Benefits Act (to be created by SB 84)– PENDING HOUSE WAYS AND MEANS COMMITTEE
Ø Makes payroll taxes for family and medical leave insurance benefits payable 50% by the employer and 50% by the employee
v HB 772: Changes unemployment compensation appeals procedures– PASSED IN HOUSE, PENDING SENATE LABOR AND INDUSTRIAL RELATIONS COMMITTEE
Ø Provides that if the administrator fails to file the record, the court upon hearing sufficient evidence, may issue a judgment based on the evidence
§ Current law provides that if the Louisiana Workforce Commission administrator fails to file the record with the court on an appeal, the court, upon hearing sufficient evidence, may issue a judgment directing payment of benefits to the claimant
v SB 81: Requires employers to provide paid sick leave– PENDING SENATE LABOR AND INDUSTRIAL RELATIONS COMMITTEE
Ø Provides that employers with 5 or more employees shall provide paid sick leave benefits for all full-time employees
Ø Provides that employees shall earn benefits of 1 hour of sick leave for every forty hours worked up to a maximum of 52 hours of sick leave per year
Ø Employers with 4 or less employees must provide the same amount of unpaid sick leave.
Ø Employees may carry forward unused sick leave from the previous year
Ø Employees may use sick leave for:
§ Employee’s medical treatment or care
§ Medical treatment or care for illness of family member
§ Business closure due to public health emergency
§ Employee’s child’s school closure due to a public health emergency
§ Injuries sustained by employee as a result of domestic violence, sexual assault or stalking
§ Employee’s attendance at a school meeting related to a child’s disability or health related matter
§ Employee’s compliance with quarantine requirements during a public health emergency
Ø Prohibits retaliation
Ø Provides that violators shall be subject to fines
v SB 84: Creates the Louisiana Family and Medical Leave Benefits Act– PENDING SENATE LABOR AND INDUSTRIAL RELATIONS COMMITTEE
Ø Provides for paid La. FMLA leave
Ø Applies to employers of more than 20 employees
Ø Does not apply to employees of state or municipalities.
Ø Requires employees and employers each to pay 50% to fund benefits through payroll taxes
Ø Allows paid leave for:
§ Birth or adoption of a child during the first year of birth
§ Employee’s or family member’s serious health condition
§ Care for a qualifying service member
§ Qualifying exigency leave arising out of deployment of a service member who is employee’s next of kin
Ø Provides for 12 weeks of leave and benefits, except for employee’s own serious health condition, which allows the employee to take an additional 12 weeks of leave
Ø Employee is entitled to be restored to an equivalent position after leave
Ø Employee can take intermittent leave
v SB204: Prohibits the automatic deduction of union dues from state and municipal employee paychecks– PENDING SENATE LABOR AND INDUSTRIAL RELATIONS COMMITTEE
Ø Prohibits automatic payroll deductions to fund union dues
v SB 219: Provides for equal pay regardless of sex and prohibits discrimination based on sex
Ø Limits factors that can be considered in determining sex discrimination with regard to wages–PASSED SENATE, PENDING HOUSE LABOR AND INDUSTRIAL RELATIONS COMMITTEE
Ø Removes the terms “for Women” from the Louisiana Equal Pay for Women Act
Ø Modifies the Louisiana Equal Pay for Women Act to:
§ Apply to municipalities and all employers with 20 or more employees within the state
§ Require that factors other than sex that can be considered also be bona fide factors and be consistent with business necessity
§ Provide for additional, liquidated damages equal to the differential in wages
§ Provides for reinstatement
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