Session Information

2007 Regular Session Highlights

Human Resources

by: Michael Anne Percy
(225) 342-2384

House Bill 119 by Representative Hunter (Failed House final passage) would create a graduated state minimum wage law. The law would apply to all employers in Louisiana and would require them to pay:

• $6.15 per hour beginning October 1, 2007
• $6.50 per hour beginning January 1, 2008
• $6.85 per hour beginning April 1, 2008; and
• $7.15 per hour beginning July 1, 2008

The proposed law also states that if the Fair Labors Standards Act (FLSA) mandates a higher minimum wage than the applicable state minimum wage at any time, the higher FLSA minimum wage rate will apply.

House Bill 963 by Representative Marchand (enrolled) provides lost wages to victims of domestic violence who lose their jobs because of abuse. The proposed law would allow employees to receive lost wage benefits under Louisiana's Domestic Violence Victims Program when they are "unable to continue employment resulting from domestic abuse" for one of the following reasons:

An employee would be able to obtain unemployment benefits upon providing specific proof of one of those reasons, including (1) a protestive, restraining, or other court order against the perptrator, (2) a lwa enforcement record documenting the domestic abuse against the employee or a member of her family, (3) documentation that the abuser has been convicted of a criminal offense perpetrated against the employee or a member of her family, (4) medical documentation of the abuse by a licensed health care professional, or (5) a notarized affidavit from a professional such as a certified domestic violence specialist, psychiatrist, or counselor.

The proposed law currently provides that the unemployment benefits paid to victims of domestic violence won't be charged to their employers' accounts but will be paid from the state's general fund.

House Bill 161 by Representative G. Smith (Assigned to House Ways and Means) would provide a credit against Louisiana income taxes and the corporate franchise tax for medical, dental, disability, and life insurance premiums paid directly by employers for the benefit of their employees. The tax credit for any one taxable period is capped at 50 percent of the insurance premiums paid by an employer on behalf of its employees during the period. The proposed law would apply only to employers that employ 25 or fewer workers and would begin with the first taxable period following December 31, 2006.

House Bill 158 by Representative Hunter (Failed House final passage) would specifically ban pay discrimination on the basis of gender. The proposed law would apply to all employers in Louisiana, regardless of how many employees you have.

The proposed law would prohibit discrimination against "an employee on the basis of sex by paying wages to an employee at a rate less than that of another employee for the same or substantially similar work on jobs in which their performance requires skill, effort, educatio, and responsibility and which are performed under similar working conditions including time worked in the position." Although the proposal is called the "Louisiana Equal Pay for Women Act," it appears to prohibit all pay discrimination against employees based on gender, so men presumably would be protected as well.

Like the federal Equal Pay Act, the proposed law would expressly permit pay difference based on legitimate business factors unrelated to gender, including a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or other similar factors. To justify a pay difference based on one of those factors, however, you would be required to show that it is "job-related with respect to the position in question" or that "it furthers a legitimate business purpose."

Senate Bill 303 by Senator Nick Gautreaux (Act 34) imposes new regulations of medical staffing agencies in the state by the Louisiana Department of Health and Hospitals (DHH). The law prohibits establishing, operating, or reimbursing for services any medical staffing agency defined in the law unless it's registered with DHH.

The law defines "medical staffing agency" as "any agency, institution, society, corporation, person or persons, or any other group that provides, for profit, the services of nurses or certified nursing assistants to a hospital, nursing home, hospice, physician group, or other health care provider." A registration would apply only in one geographic location, could be issued only for the agency and premises named in the application, and would expire on the last day of the 12^th month after its issuance unless it's renewed accoding to rules to be enacted by DHH.

Additionally, certain verifications would be required. For instance, any medical staffing agency employing a certified nursing assistant would be required before hiring her to verify that she is listed on the Louisiana Nurse's Aide Registry. The agency would also be required to perform or have performed a criminal background check on any certified nursing assistant or nurse before hiring her. Violations would be punishable by a maximum $500 penalty for each day of violation.