Louisiana Employment Contract Review
Louisiana starts from the opposite end of most states: La. R.S. 23:921 declares agreements restraining a lawful profession null, then carves out narrow exceptions. To fit one, a non-compete must name the parishes or municipalities it covers and end within two years of termination, and Louisiana courts read those requirements strictly. The state's wage statute is just as pointed, with penalty wages when final pay is late.
Non-compete in Louisiana
Generally enforceable if reasonable
Typical enforceable duration: 2 years
Are non-competes enforceable in Louisiana?
Here is Louisiana non-compete law in plain English, with the statute it rests on.
Enforceable only if it tracks the specific parishes/areas listed by statute and lasts no more than two years.
Governing law: Louisiana Revised Statutes §23:921.
Whatever the label in your contract, Louisiana courts look at whether the restriction is reasonable in duration, geography, and scope. A nationwide, multi-year, whole-industry ban is far more likely to be narrowed or struck down than a narrow one.
Who owns what you invent in Louisiana?
Louisiana does not have a specific personal-invention carve-out statute, so a broad IP-assignment clause can reach more of what you create, potentially including side projects. Read the assignment scope and push to limit it to work actually related to your job.
Arbitration and class-action waivers in Louisiana
Louisiana generally follows the federal rule that arbitration agreements are enforceable. Before you sign, check whether the clause is mutual and whether it waives your right to a class or collective action, you are usually giving up the right to sue in court.
What makes a Louisiana non-compete valid?
Under R.S. 23:921(C), an employee may agree not to compete or solicit customers only within specified parishes or municipalities, or parts of them, where the employer carries on a like business, and for no more than two years from termination of employment. Courts require that you can tell, when you sign, exactly where you are giving up the right to work. A two-year period tied to something other than the end of employment has been held invalid.
A 2020 amendment extended the statute to shareholders, partners and LLC members, without loosening the parish and time requirements.
When must a Louisiana employer pay final wages?
R.S. 23:631 requires payment on or before the next regular payday or within 15 days of discharge or resignation, whichever comes first. Under R.S. 23:632, an employer that fails to pay after your demand can owe penalty wages of up to 90 days' pay, or full wages from the demand until payment if that is less, plus attorney's fees. A good-faith dispute can defeat penalty wages but not necessarily fees.
An employer also may not hold back undisputed wages while it argues over a disputed portion, and Louisiana law forbids forfeiting earned wages because you were fired or quit. Keep your pay records and any written demand you send.
Louisiana sources checked 2026-10-09: Ogletree: Louisiana appellate court on strict non-compete rules · Proskauer: Louisiana expands non-compete law to partners and LLC members · J. J. Keller: Louisiana final paycheck. Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Louisiana employment contract
- Non-compete enforceability under Louisiana law and whether the scope is reasonable
- IP / invention-assignment scope and any personal-time carve-out
- Mandatory arbitration and class-action waiver
- At-will terms and asymmetric notice or severance
- Equity vesting, cliffs, and bad-leaver forfeiture
- Discretionary bonus criteria and clawback provisions
Louisiana employment contract FAQ
Are non-competes enforceable in Louisiana?
In Louisiana, a non-compete is generally enforceable if it is reasonable in time, geography, and scope (see Louisiana Revised Statutes §23:921). Enforceable only if it tracks the specific parishes/areas listed by statute and lasts no more than two years.
Can my Louisiana employer own inventions I make on my own time?
Louisiana does not have a specific statute carving out personal-time inventions, so a broad IP-assignment clause can reach more of what you create. Read the assignment scope carefully and ask to limit it to work related to your job.
Do I have to sign a mandatory arbitration agreement in Louisiana?
Louisiana generally follows the federal rule that arbitration agreements are enforceable. Check whether the clause is mutual and whether it waives your right to a class action, and know that you are usually giving up the right to sue in court. Everywhere in the US, the federal Ending Forced Arbitration Act lets you take sexual harassment and sexual assault claims to court even if you signed one.
How long can a non-compete last in Louisiana?
Courts in Louisiana have treated 2 years as the outer edge of what is typically reasonable for an employee. Duration is only one factor: geography and the scope of restricted activity are weighed alongside it, and a term that is reasonable for a senior employee may not be for a junior one.
How does Louisiana compare with the states around it?
On this question the region is consistent: Louisiana and all of its neighbours (Arkansas, Mississippi, Texas) treat non-competes as generally enforceable. That makes the governing-law clause less of a lever than it is elsewhere in the country, though it still decides which state's courts hear a dispute and how the reasonableness of a restriction gets judged.
If a Louisiana non-compete is too broad, does it get narrowed or thrown out?
Courts may delete offending words, but will not rewrite the clause. That sits in between: wording that can be severed cleanly may survive, while a restriction written as one indivisible sentence may not. How the clause is punctuated and structured can decide the outcome.
What else should I check in a Louisiana employment contract?
Beyond the non-compete: how invention assignment is worded and whether it reaches work done on your own time; whether disputes go to arbitration and whether class actions are waived; whether notice periods are symmetrical between you and the employer; and how any equity vests, including what happens if you leave before a cliff.
Does Louisiana's two-year limit run from the day I signed?
No. The two years run from termination of employment. Courts have rejected clauses that start the clock from a vaguer event, such as the end of the relationship between the parties, because you could not know in advance when the restriction would end. Check that your clause ties its period clearly to your departure.
How do I trigger Louisiana penalty wages?
Make a written demand for payment after the deadline in R.S. 23:631 passes, and keep a copy. Penalty wages under R.S. 23:632 run from the demand, up to 90 days of wages at your daily rate. If the employer had a good-faith reason to dispute the amount, a court may deny penalty wages but still award attorney's fees.
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Louisiana: the governing law
- Statute
La. Rev. Stat. Ann. § 23:921- If the clause is too broad
- Courts may delete offending words, but will not rewrite the clause.
Statute and reformation approach from Beck Reed Riden LLP, Employee Noncompetes: A State-by-State Survey, 2026-01-21. Verify against the current text before relying on it.
How Louisiana compares with neighbouring states
Louisiana and every state it borders take the same approach to non-competes, so the governing-law clause is less of a lever here than it is elsewhere.
Nationally: 4 jurisdictions treat employee non-competes as void, 13 allow them only in limited circumstances, and 34 generally enforce them if reasonable.
State law summarized as of 2026-10-09; statutes change frequently. This is Automated educational information, not legal advice. Always consult a qualified Louisiana attorney before signing.