Louisiana — Hiring & Onboarding

Every employer in Louisiana must complete Form I-9, Employment Eligibility Verification, for each individual hired for employment in the United States. This federal requirement under 8 U.S.C. § 1324a(b), enacted as part of the Immigration Reform and Control Act of 1986, applies to all U.S. employers regardless of size and covers all employees hired after November 6, 1986—including U.S. citizens, lawful permanent residents, and foreign nationals authorized to work. Employees must complete Section 1 no later than the first day of employment. Employers must complete Section 2 within three business days of the employee's start date by physically examining documents that establish both identity and work authorization.

Source: 8 U.S.C. § 1324a(b) | USCIS I-9 Central

Louisiana prohibits private employers from discriminating based on criminal history records obtained through background checks during hiring decisions under La. R.S. § 23:291.2, known as the Fair Chance Hiring Act (effective August 1, 2021). The Act itself does not specify an employer-size threshold in its text. However, it is codified within Title 23, Chapter 3-A (Prohibited Discrimination), which defines "employer" for the chapter as any entity with 20 or more employees for each working day in 20 or more calendar weeks in the current or preceding year (La. R.S. § 23:302(2)). As of June 2026, the Louisiana Workforce Commission follows this general Chapter 3‑A definition in its employer-facing guidance. That said, no court of last resort or agency guidance has expressly ruled on whether this threshold categorically limits coverage under the Fair Chance law. Employers with fewer than 20 employees may be outside the statutory coverage, but this remains an open interpretive question.

Prohibition on arrest records and non-convictions Employers may not request or consider arrest records or charges that did not result in conviction when obtained through a background check (La. R.S. § 23:291.2(A)). This bar applies only to such information from background checks—not to self-disclosure by applicants, though federal Title VII and EEOC guidance can still constrain those inquiries.

Individualized assessment for convictions — three-factor test Employers considering criminal convictions revealed in background checks must conduct an individualized assessment of whether the conviction has a "direct and adverse relationship with the specific duties of the job." Assessment must consider all three of the following factors from La. R.S. § 23:291.2(B):

1. The nature and gravity of the offense or conduct
2. The time elapsed since the offense or conviction and completion of sentence
3. The nature of the job sought

These factors codify the "Green factors" referenced in EEOC guidance under Title VII. The Louisiana statute makes this job-relatedness analysis mandatory for employers using background checks.

Disclosure of background check information to applicants Upon written request, an employer must provide the applicant with any background check information used during the hiring process (La. R.S. § 23:291.2(C)). This obligation arises only upon an applicant's written request. No proactive notice is required.

Scope and enforcement The Fair Chance Hiring Act is part of Chapter 3-A but does not establish an express private cause of action or assign agency enforcement. It is unclear whether violations are actionable under general employment-discrimination causes in La. R.S. § 23:303. Cautious employers should read these sections in pari materia with the other provisions of Chapter 3‑A.

Source: La. R.S. § 23:291.2 Source: La. R.S. § 23:302

Louisiana law requires all employers to report newly hired and rehired employees to the Louisiana Directory of New Hires, a program administered by the Department of Children and Family Services (DCFS) for child support enforcement. This reporting obligation stems from La. R.S. 46:236.14 and mirrors the federal requirement established by 42 U.S.C. § 653a.

Who must be reported Employers must report every employee who is newly hired or rehired (i.e., returning to work after a separation of at least 60 days), whether full-time or part-time. As of June 2026, neither Louisiana statute nor DCFS rules require the reporting of independent contractors.

What must be reported The employer must report, on a Form W-4 or equivalent, all of the following:

• Employee's name, address, Social Security number, occupation, and the date services for remuneration were first performed;
• Employer's name, address, and federal employer identification number (EIN).

When and how to report The report must be submitted within 20 calendar days of the employee’s hire date. If reporting electronically or by magnetic media, employers must submit reports in two monthly transmissions, spaced at least 12 days and no more than 16 days apart.

Submission methods Employers may file:

• Electronically through the DCFS Directory of New Hires online portal;
• By mailing or faxing completed forms to the address and number provided on the DCFS site;
• By magnetic media (e.g., diskette or cartridge)—mainly for high-volume reporters.

DCFS encourages electronic submission because it provides immediate confirmation.

Penalties for non-compliance A late or missing report can trigger a civil penalty of up to $25 per occurrence. If the failure results from a conspiracy to withhold or falsify information with the employee, penalties rise up to $500 per occurrence.

Summary Table:

• Deadline: 20 days after hire/rehire
• Info required: employee and employer demographics, hire date, occupation
• Methods: online, mail, fax, magnetic media
• Penalties: $25 (late/missing), $500 (conspiracy)

Source: La. R.S. 46:236.14 Source: DCFS Directory of New Hires

Louisiana law (La. R.S. § 23:897) prohibits any employer in the state—public or private—from requiring any applicant or employee to pay, or from withholding from wages, the cost of fingerprinting, any medical examination, or "required records" as a condition of application or employment. The statute does not expressly define "required records," but the core prohibitions are stated plainly in Subsection A: employers cannot shift these costs to applicants or employees up front, during, or after the hiring process.

Exceptions—narrowly tailored repayment rules: • For medical examinations and drug tests, an employer is permitted to seek repayment from an employee (or applicant who becomes an employee) only under all of the following conditions (Subsection K): – The employee earns at least $1/hour above the then-current federal minimum wage; – The employee is not "seasonal or part-time" within the meaning of La. R.S. § 23:1021; – The employee either resigns or fails to report for work within ninety working days of starting the job, unless this is due to a "substantial change made to the employee's pay, location, or working conditions by the employer" (using the statutory language). • For criminal background checks, reimbursement is permitted only if the check is required by law (per Subsection N), and then only on the same restricted basis as above. • Any such repayments must be authorized in writing by a contract at the time of hiring, disclosing the terms and signed by the employee. This contract must meet the requirements of La. R.S. § 23:634(B).

Penalties and enforcement: Any violation of La. R.S. § 23:897 is a misdemeanor, subject to a fine of up to $100 or imprisonment for up to 90 days, or both, for each separate offense (Subsection B). The statute does not specify civil penalties.

Bottom line: Outside of these very limited, contractually-documented scenarios involving departures within ninety working days, Louisiana employers are categorically prohibited from shifting the cost of applicant screening (fingerprinting, pre-employment exams/tests, or mandatory background checks) to applicants or employees.

Source: La. R.S. § 23:897

Louisiana employers must disclose key wage-related terms to every new employee at the time of hire. Under La. R.S. § 23:633(A), the employer must inform each employee—either in writing or verbally—of:

• The wage rate (pay rate) the employee will earn;
• The method of payment (such as hourly, salary, commission, or other basis);
• The frequency of payment (e.g., weekly, biweekly, semi-monthly, or monthly).

This disclosure must occur at the time of hiring. The statute also requires that employers notify employees of any subsequent changes to pay rate, method, or frequency. While the disclosure can be verbal or written, employers commonly document it in offer letters, onboarding documents, or a posted notice to create a clear record.

Mandatory workplace posting La. R.S. § 23:633(D) additionally requires employers to post, in a conspicuous location alongside other legally mandated postings, a notice prepared by the Louisiana Workforce Commission. The prescribed language must advise employees of their right to be informed—at hiring—about wage rate, method, and pay frequency, and of any changes. Employers who fail to post this notice face fines of $25 to $250 per day, with repeat violations potentially resulting in imprisonment.

Earned Income Tax Credit (EITC) notice A separate provision—La. R.S. § 23:1018.2—requires every Louisiana employer to provide all new employees earning, or reasonably expected to earn, $35,000 or less annually with written notice about eligibility for the federal Earned Income Tax Credit (EITC) and Advance EITC. The notice must use the form provided by the IRS or the Louisiana Workforce Commission and be delivered at the time of hiring.

No state requirement to provide a pay stub While employers must keep payroll records (La. R.S. § 23:636), Louisiana does not require employers to provide itemized wage statements to employees with each paycheck. See the wage-and-hour guide for details.

Source: La. R.S. § 23:633 Source: La. R.S. § 23:1018.2