Salary Transparency Laws in Louisiana: What Employers Must Disclose

Federal law does not require private employers to disclose salary ranges or pay transparency information. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes minimum wage and overtime requirements but does not address salary disclosure. The Equal Pay Act, 29 U.S.C. § 206(d), requires equal pay for substantially equal work but does not mandate transparency about pay ranges.

The EEOC enforces pay discrimination laws and may investigate complaints of wage discrimination based on protected characteristics such as race, color, religion, sex, or national origin under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. However, enforcement of pay discrimination is complaint-driven and does not require employers to proactively disclose salary ranges.

Federal contractors and subcontractors receiving federal funding must comply with Executive Order 11246 regarding pay equity and affirmative action, but this does not extend to all private employers. The Department of Labor (DOL) oversees FLSA compliance but has not issued rules requiring salary transparency. State laws, not federal law, have become the primary drivers of salary transparency requirements in the United States.

Louisiana has no state statute requiring employers to disclose salary ranges to job applicants or employees. Louisiana Revised Statutes Title 23 governs employment relationships, wage and hour standards, and discrimination law, but does not include a salary transparency mandate.

Louisiana's employment law framework is significantly weaker than federal law on this issue because Louisiana has not adopted any salary transparency requirement, while certain states have enacted specific statutes. New York General Business Law § 740 was the first state law to require employers with four or more employees to include salary ranges in job postings (effective May 2023). California and Colorado subsequently enacted similar requirements. Louisiana has taken no comparable action.

Under Louisiana law, private employers have complete discretion to decide whether to disclose salary information. Louisiana does not cover this issue with any unique state-specific protections beyond what federal law provides. Employers in Louisiana are not required to disclose pay ranges when recruiting, during hiring, or to existing employees. This contrasts sharply with states like New York, California, and Colorado, where employers face legal obligations to include salary ranges in job postings.

If a Louisiana employer chooses to disclose salary information, such disclosure is voluntary and not governed by any specific state law. Employees in Louisiana have no statutory right to demand salary range disclosure from their employer. Louisiana law does address pay discrimination under the Louisiana Employment Discrimination Law (La. Rev. Stat. § 23:312 et seq.), which prohibits discrimination based on protected characteristics, but pay discrimination claims must be proven through evidence and do not flow from a transparency requirement.

Louisiana's absence of a salary transparency law means there are no exceptions to a rule that does not exist. However, understanding key exceptions and carve-outs in related Louisiana employment law is important.

Louisiana is an at-will employment state under La. Rev. Stat. § 23:101. Employers may set wages, determine pay structures, and decide whether to disclose salary information without legal restriction, as long as they comply with minimum wage and anti-discrimination laws. Employees have no general contractual right to salary transparency unless an individual employment contract or collective bargaining agreement specifically provides for such disclosure.

Union and collective bargaining agreements may include salary transparency provisions, wage scales, or pay band disclosures as negotiated benefits. Such agreements are binding on union employers and employees but do not affect non-union employers in Louisiana. Government and public sector employers in Louisiana may have different transparency obligations based on public records laws and government employment statutes, but these do not apply to private employers.

Confidentiality agreements and non-compete clauses in Louisiana are enforceable under La. Rev. Stat. § 23:921 et seq. An employer may restrict employees' ability to discuss pay with coworkers if such restrictions are reasonably necessary to protect trade secrets or confidential business information. However, the National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., protects employees' rights to discuss wages with coworkers for purposes of organizing or collective bargaining, even if Louisiana law does not require transparency.

Employers subject to federal pay transparency requirements (such as federal contractors under Executive Order 11246) must comply with those requirements, but standard Louisiana private employers face no such obligation.

Louisiana has no salary transparency law, so there is no violation to report through an employment agency. However, if you believe you have been subject to pay discrimination, you may file a charge. The following steps apply to pay discrimination claims, not transparency violations.

**Step 1: Document Everything.** Keep records of your pay, pay stubs, offers of employment, and communications about compensation. Save emails, offer letters, and any statements made by supervisors or HR about salary decisions. Note the dates, amounts, and context of any pay discussions. If you suspect discrimination based on race, gender, age, or other protected characteristics, document the protected characteristic of coworkers in the same role who earned different pay. Retain performance reviews, job descriptions, and evidence that you performed substantially equal work to higher-paid peers.

**Step 2: Understand Internal Complaint Process.** Review your employee handbook for an internal grievance or complaint procedure. File a written complaint with your HR department if the handbook requires it, and keep a copy for your records. Document the date and to whom you submitted the complaint. Internal complaints are not legally required to preserve your rights, but they create a paper trail and may help resolve issues. However, completing an internal process does not prevent you from filing with government agencies.

**Step 3: File a Charge with the EEOC or Louisiana State Agency.** If you believe you experienced pay discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information, file a charge with the Equal Employment Opportunity Commission (EEOC) or the Louisiana Workforce Commission's Civil Rights Section. The EEOC's New Orleans District Office handles Louisiana charges. You have **180 days** from the discriminatory act to file a charge under federal law (extended to **300 days** if a state deferral agreement applies, which Louisiana has). Visit www.eeoc.gov or call 1-800-669-4000 to file online or by phone. You will need your name, address, employer's name and address, job title, a description of the discrimination, and the date it occurred.

Alternatively, file with the Louisiana Workforce Commission's Civil Rights Section, which has a worksharing agreement with the EEOC. Contact the LWCC at 225-342-3111 or visit www.lwc.la.gov. Filing with the state agency simultaneously invokes the EEOC deferral process.

**Step 4: Investigation and Conciliation.** After you file a charge, the EEOC or state agency will notify your employer and open an investigation. The agency will request documents from your employer, including payroll records, job descriptions, performance reviews, and information about pay decisions. You may be asked to provide additional information and clarification. The investigation typically takes 60 to 180 days, but timelines vary. The agency may attempt conciliation (settlement negotiations) between you and your employer. You are not required to accept a settlement offer. If conciliation fails, the agency will issue a determination. If the agency finds reasonable cause to believe discrimination occurred, it may refer the case for litigation or issue a right-to-sue letter, which allows you to file a private lawsuit in federal or state court.

**Step 5: Consult an Attorney.** Consider consulting an employment attorney immediately if you suspect pay discrimination, especially if there is a pattern of unequal pay across multiple employees or if the pay disparity is substantial. An employment law attorney can evaluate whether you have a viable claim under Title VII, the Equal Pay Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), or Louisiana's state discrimination laws. Attorneys can also advise on retaliation risks if you file a complaint and help you prepare for the investigation and negotiation process. Many employment lawyers work on contingency (no upfront cost) and are paid from any settlement or judgment.