Louisiana
Louisiana Legislative Updates
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APPLIES TO All Employers with Employees in LA |
EFFECTIVE AUG 1, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
The Louisiana legislature passed several new laws expanding employee rights and protections. The significant updates are summarized below.
Portable Benefit Accounts for Independent Contractors. HB 301 provides for voluntary portable benefits accounts for independent contractors. A portable benefit account is owned by the independent contractor and is not associated with the hiring party. The purpose of funding the account is to provide and pay for health insurance, income replacement insurance, disability pay insurance, life insurance, and retirement benefits. Any individual may contribute funds to the account, or the hiring party may withhold a percentage from compensation owed to the independent contractor and contribute to the account, subject to a voluntary written agreement between the parties. An independent contractor can also opt out of such an agreement. The existence of such contributions is not evidence of an employment relationship.
Use of Expunged Criminal History Records. SB 288 clarifies the use of expunged criminal history record information for hiring decisions. The Louisiana Bureau of Criminal Identification and Information (Bureau) will not release expunged criminal history record information to private employers. However, the Bureau can release such expunged information to public entities at its discretion, based on strong evidence provided by the entity that release of the expunged information would be in the best interest of protecting the children, elderly, or individuals with disabilities served by the public qualified entity.
Workers’ Compensation Coverage Extended. HB 185 extends employee coverage under Louisiana’s workers’ compensation law to include employees of independent contractors who spend a substantial part of their time engaged in manual labor.
New Organ and Bone Marrow Donor Leave. SB 409 requires employers to grant an unpaid leave of absence when an employee requests in writing to serve as a human organ or bone marrow donor, for up to 30 consecutive calendar days, though employers may voluntarily offer longer or paid leave beyond this minimum. Employers may require physician verification of the purpose and duration of the leave; however, if an employee is ultimately determined medically ineligible to donate, any paid leave already taken is not forfeited. No employee may be discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against for requesting or using organ donation leave. Any paid leave granted for organ donation carries no cash value upon separation from employment, and this leave does not diminish or affect any other employment benefits to which an employee may otherwise be entitled. Employers retain the flexibility to provide leave beyond what is outlined here, and nothing in this provision limits an employee’s rights under any other applicable employment benefit.
Action Items
- Consult with legal counsel regarding written agreement for contributions to qualified portable benefits for independent contractors, if applicable.
- Review and update procedures for requesting criminal history record information.
- Review independent contractor arrangements involving manual labor to determine potential workers’ compensation coverage obligations.
- Update leave policies to include organ and bone marrow donor leave.
- Have appropriate personnel trained on the updated requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase