Louisiana Freelance Contract Review
Louisiana starts from a public policy against non-competes and then carves out narrow exceptions, one of them written specifically for independent contractors. It also has a collection tool many freelancers never hear about: the open account statute, which can make a client who ignores a written demand for 30 days pay your attorney fees. Louisiana has no freelance payment law as such, so these two statutes do much of the work.
Non-compete / non-solicit in Louisiana
Non-competes generally enforceable if reasonable
Non-competes and non-solicits for freelancers in Louisiana
Enforceable only if it tracks the specific parishes/areas listed by statute and lasts no more than two years.
Client contracts often include a non-solicitation clause, sometimes an overbroad one that tries to bar you from an entire industry. Whatever Louisiana allows, narrow it to the client's own staff and named customers, for a short period, before you sign.
Freelancer payment protection in Louisiana
Louisiana does not yet have a dedicated freelance payment-protection law (New York, Illinois and California have statewide laws), so your contract is your main protection against late or non-payment. Insist on a deposit, milestone payments tied to dates, and a kill fee if the client cancels.
Who owns your work
Under the federal Copyright Act, work is not automatically “work for hire” for an independent contractor, it takes a written assignment. Read whether the contract assigns only the final deliverables or reaches your concepts, drafts, and pre-existing tools, and add a carve-out for the reusable methods you bring to every project.
When can a Louisiana client bind a contractor not to compete?
R.S. 23:921(C) lets an independent contractor whose work is performed under a written contract agree not to carry on a similar business for up to two years from the last work under that contract, within the parishes or municipalities the agreement specifies. Courts treat this as an exception to Louisiana's policy against non-competes and construe it strictly. In J4H, L.L.C. v. Derouen (La. App. 1 Cir. 2010), an injunction was denied after the trial court found that an operating manual did not meet the written-contract requirement for the contractor exception. Courts also look at the real relationship, not just the title in the contract.
How can the open account statute help you collect?
Under R.S. 9:2781, if a client fails to pay an open account within 30 days after receiving a written demand that correctly states the amount owed, the client is liable for reasonable attorney fees when you win a judgment. The statute expressly covers professional services, and the client does not have to actually receive the demand. If you send it by first-class mail, keep a copy to introduce as evidence. A precise demand letter is the step that unlocks the fee shift.
The two statutes work together in practice. A Louisiana client with a broad non-compete and slow payment habits is common enough that it is worth fixing parish lists and payment dates before signing, rather than relying on litigation later.
Louisiana sources checked 2026-10-09: La. R.S. 9:2781 (Louisiana Legislature) · J4H, L.L.C. v. Derouen (La. App. 1 Cir.). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Louisiana freelance contract
- Non-compete / non-solicit enforceability under Louisiana law
- IP assignment and work-for-hire scope, with a pre-existing-tools carve-out
- Payment terms, deposit, milestones, and a kill fee
- Unlimited "reasonable" revisions with no cap
- Payment gated on subjective client approval
- Liability caps and indemnification
Louisiana freelance contract FAQ
Can a client make me sign a non-compete in Louisiana?
In Louisiana, a non-compete or non-solicit can be enforceable if it is reasonable in duration, geography, and scope. Enforceable only if it tracks the specific parishes/areas listed by statute and lasts no more than two years. For a freelancer whose business spans an industry, a broad restriction is worth narrowing before you sign.
Does Louisiana protect freelancers from late or non-payment?
As of October 2026, Louisiana does not have a dedicated "Freelance Isn't Free" style payment-protection law (New York, Illinois and California have statewide laws). So your contract's payment terms, milestones, deadlines, a kill fee, are your main protection. Make them specific.
Who owns the work I create for a Louisiana client?
Under US copyright law, work is not automatically "work for hire" for an independent contractor, it requires a written assignment. Read whether the contract assigns only the final deliverables or sweeps in your concepts and pre-existing tools, and add a carve-out for your reusable methods. This is federal law and applies in Louisiana.
Does a Louisiana non-compete apply to an independent contractor?
Louisiana is one of 34 jurisdictions where a non-compete is generally enforceable if reasonable in duration, geography and scope. Enforceable only if it tracks the specific parishes/areas listed by statute and lasts no more than two years. Contractor restraints are often argued differently from employee ones, since the bargain and the bargaining power differ, so how you are actually engaged matters as much as the label on the agreement.
If the restriction in my Louisiana agreement is too broad, what happens?
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 should a Louisiana demand letter for an unpaid invoice include?
To use R.S. 9:2781, the demand must be in writing and state the correct amount owed. An inflated or wrong figure can cost you the fee award. Send it to the client's last known address, keep a copy and proof of mailing, and wait 30 days. If the client still does not pay and you win in court, you can recover reasonable attorney fees.
Is a Louisiana non-compete that names no parishes valid?
Generally not. R.S. 23:921 ties both the employee and contractor exceptions to specified parishes or municipalities and a maximum of two years. Louisiana courts strictly construe these exceptions, so a clause covering "the United States" or an undefined territory is vulnerable. For a contractor, the agreement also has to be part of a written contract.
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How neighbouring states treat restrictive covenants
Nationally: 4 jurisdictions treat employee non-competes as void, 13 allow them only in limited circumstances, 34 generally enforce them if reasonable.
Louisiana rules summarized as of October 2026; laws change and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies current Louisiana law when you run your contract, and you should confirm anything critical with a qualified attorney.