26 Aug

August 2021 Louisiana HR Legal Updates

Posted at

1:51pm

in

Louisiana Fair Chance Law Restricts Criminal History Consideration

Update Applicable to:
All employers in Louisiana.

What happened?
On June 16, 2021, Governor Edwards signed HB 707 (Act 406) into law.

What are the details?
The law, effective August 1, 2021, amends the Louisiana Employment Discrimination Law (LEDL) to include fair chance requirements to employers with 20 or more employees in Louisiana that also conduct background checks on candidates during pre-hire.

The law implements the three main obligations to employers below:

  • Employers are prohibited from requesting or considering arrests or charges that did not result in a conviction.
  • Employers must conduct an “individual assessment” to determine whether a candidate’s criminal history has “a direct and adverse relationship” to the specific duties of the position at issue. In conducting this assessment, the employer must consider the following factors:
    • The nature and gravity of the offense or conduct.
    • The time that has elapsed since the offense, conduct, or conviction.
    • The nature of the job sought.
  • Employers are required to provide candidates with copies of their background check reports if a candidate submits a written request for this information. Notably, employers must make this information available upon request, regardless of the result of the hiring decision.

The law can be read here.

An article on the law can be read here.

What do employers need to do?
Employers should review the law and their hiring processes/protocols and make any applicable changes to stay in compliance.

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New Orleans Requires Proof of Vaccination

Update Applicable to:
Employers in New Orleans.

What happened?
On August 13, 2021, Mayor Cantrell and the New Orleans Health Department released updated COVID-19 guidelines for Reopening.

What are the details?
Effective August 23, 2021, the guidelines require individuals to provide proof of having received at least one dose of the COVID-19 vaccine or evidence of a negative COVID-19 PCR test taken no more than 72 hours before entry in order to access certain indoor establishments. These indoor facilities include:

  • bars, restaurants, and breweries.
  • gyms, group fitness centers, and individual fitness classes.
  • entertainment and performance venues, such as indoor sports stadiums, concert halls, event spaces, pool halls, bowling alleys, arcades, adult live performance venues, casinos, racetracks, and video poker establishments.

The guidelines apply to all individuals who are eligible to receive a COVID-19 vaccine and individuals can provide proof of vaccination with an original CDC vaccination card or a digital picture or photocopy of both sides of the card. Individuals may also show an electronic record of COVID-19 vaccination through the LA Wallet smartphone app or an equivalent electronic record provided by another state.

The guidelines can be read here.

An article on the updated guidelines can be found here.

What do employers need to do?
Employers should review the guidelines and their applicable policies to make updates to stay in compliance with the new requirements to the above-listed indoor facilities.

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