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Summary of differences between federal and state regulations
Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.
Louisiana law has a similar provision to the federal law in regard to union membership. It also has additional provisions regarding employment contracts.
Union membership
An employer and employee can not enter into an oral or written contract that requires the employee or a prospective employee to join or refrain from joining, or maintain membership in, or withdraw membership in, a labor union as a condition of employment. §823
An employer can not coerce or require an individual to enter into any agreement, either verbal or written, not to join or become a member of a labor union as a condition of employment. §824
Choice of forum/ Law clause
Any contract or agreement which includes a choice of forum clause or choice of law clause in the employee’s contract of employment or attempts to enforce such a provision in any civil or administrative action involving the employee is void except where expressly and voluntarily agreed to by the employee after the occurrence of the incident which gave rise to the civil or administrative action. §921
Non-compete provision
An employee may agree with his employer to refrain from engaging in a business similar to that of the employer and/or from soliciting customers of the employer within a specified geographic area for a period up to two years after the employee’s termination of employment. §921
Forfeiture of wages
An employer may not require his employees to sign contracts by which the employees forfeit their wages if they resign or are discharged before the contract is completed. Employees are entitled to the wages actually earned up to the time of their discharge or resignation. §634
Medical exams
An employer may require a job applicant or employee to sign a contract providing that the costs of the individual’s pre-employment medical exam or drug test may be withheld from his wages if he resigns within 90 working days. §634
State
Contact
Louisiana Workforce Commission
Regulations
Union membership
Louisiana Revised Statutes Title 23, 23:823
http://legis.la.gov/Legis/Law.aspx?d=83977
Louisiana Revised Statutes Title 23, 23:824
http://legis.la.gov/Legis/Law.aspx?d=83978
Choice of forum/law clause
Non-compete provision
Louisiana Revised Statutes Title 23, 23:921
http://legis.la.gov/Legis/Law.aspx?d=84015
Forfeiture of wages
Medical exams
Louisiana Revised Statutes Title 23, 23:634