Fall 2026 Employment Law Check-In for Louisiana Employers

Employment law updates can reach across an organization, from hiring and payroll to employee handbooks and emergency planning.

Here are five developments Louisiana employers should know about and practical steps to consider.

This article provides general information, not legal advice. Consult employment counsel about your organization’s circumstances.

1Louisiana restricts noncompetes for certain interns and apprentices

Effective August 1, 2026, Louisiana law prohibits noncompete agreements for apprentices and interns covered by the statute. It also bars provisions restricting their employment, educational, or professional opportunities after the internship or apprenticeship ends.

The law defines an intern as a student learner participating in an internship governed by Louisiana’s specified work-based learning regulations. It does not use “intern” as a blanket term for every position an employer may call an internship. Confidentiality, intellectual property, and data protection agreements remain enforceable.

2Religious accommodation: review requests individually

Under federal law, covered employers generally must reasonably accommodate an employee’s sincerely held religious beliefs or practices unless an accommodation would create an undue hardship.

The U.S. Supreme Court’s 2023 decision in Groff v. DeJoy clarified that undue hardship requires a substantial burden in the context of the employer’s business. The assessment considers the particular accommodation and its practical impact, including the nature, size, and operating costs of the business. A minor inconvenience alone is not enough.

Workplace tools and requirements continue to evolve. Employers should have a process for considering accommodation requests when new technology or work practices are introduced.

3Tip credit guidance has changed

In October, the U.S. Department of Labor withdrew three older opinion letters and related guidance addressing the federal tip credit and certain duties performed by tipped employees. The withdrawal follows a 2024 court decision vacating the department’s 2021 “80/20” rule.

This does not eliminate federal wage requirements. Employers claiming a tip credit must still ensure that employees receive at least the required minimum wage when cash wages and tips are combined.

4Nonprofits should review employee volunteer roles

A September Department of Labor opinion letter addressed when nonprofit employees may volunteer for their own organization. In the situation presented, volunteering had to be freely offered, without coercion or expectation of pay, and involve work different from the type of services the employee was hired to perform.

If the work is the same or similar, the department generally treats it as part of the employment relationship rather than volunteer service. The opinion also explains that compensation rules can differ for employees who qualify for an exemption from minimum wage and overtime requirements.

5OSHA shares guidance on overdose preparedness

In September, the Occupational Safety and Health Administration (OSHA) released workplace guidance on responding to opioid overdoses with reversal medications. The guidance encourages employers to consider access to medication, employee training, and emergency response procedures. It does not create a new OSHA requirement.

Delta Administrative Services helps Louisiana employers manage payroll, workplace policies, and HR processes as requirements change. For employee relations, policy guidance, and leadership support, Gotcha Covered HR Powered by Delta is part of our team.

Learn more at www.deltapeo.com | www.gotchacoveredhr.com