Louisiana 2020 2020 Regular Session

Louisiana House Bill HB797 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 797 Original	2020 Regular Session	Duplessis
Abstract: Removes the prohibition against parishes and municipalities from setting a local
minimum number of leave days in their respective jurisdictions. 
Present law provides that a local variation in legally required minimum wage rates or mandatory
minimum number of vacation or sick leave days would threaten many businesses with a loss of
employees to areas which require a higher minimum wage rate.  Present law further provides that
businesses would lose patrons to areas which allow a lower wage rate and more or less vacation or
sick leave days. 
Proposed law provides that a local variation in legally required minimum wage rates would threaten
many businesses with a loss of employees to areas which require a higher minimum wage rate. 
Proposed law further provides that other businesses would lose patrons to areas which allow a lower
wage rate. 
Present law provides that in order for a business to remain competitive and to attract and retain
employees, an enterprise must work in a uniform environment with respect to minimum wage and
a mandatory, minimum number of vacation or sick leave days.
Proposed law provides that in order for a business to remain competitive and to attract and retain
employees, an enterprise must work in a uniform environment with respect to minimum wage.
Present law provides that a net impact of local variation in mandated wages and mandatory,
minimum number of vacation or sick leave days would result in economic instability and a decline
in the standard of living. 
Proposed law provides that a net impact of local variation in mandated wages would result in
economic instability and a decline in the standard of living. 
Present law provides that pursuant to the police powers reserved to the state by the Louisiana
Constitution, no local governmental subdivision shall establish a mandatory, minimum number of
vacation or sick leave days, whether paid or unpaid, or a minimum wage rate which a private
employer would be required to pay or grant employees.
Proposed law provides that pursuant to the police powers reserved to the state by the Louisiana
Constitution, no local governmental subdivision shall establish a minimum wage rate which a private
employer would be required to pay or grant employees. Proposed law provides that a minimum number of leave days established by a parish governing
authority shall be applicable throughout the parish, including those areas inside the corporate limits
of any municipality. 
Proposed law provides that if, however, a municipality establishes a minimum number of leave days
in its respective jurisdiction then proposed law would not be applicable. 
Proposed law provides that a parish or municipality shall take such actions and perform such
functions as it deems necessary to implement proposed law.
(Amends R.S. 23:642(A)(2) and (3) and (B); Adds R.S. 33:1376)