Act No. 177
Act No. 177 has repealed the prohibition of employment of minors less than 16 years of age “in singing, dancing, or playing upon a musical instrument” or “in any theatrical exhibition or in any wandering occupation.”
Louisiana requires employers to provide minors with at least one 30-minute recreational or meal break period for every five hours worked. Prior to the enactment of this legislation, employers that exceeded the minimum break requirements by 15 minutes or less were covered by a de minimis exception and, thus, were not in violation of state law. Act No. 177 has reduced the duration of that de minimis exception from 15 minutes to 10 minutes. It also provides that if the length of the meal break period is at least 20 minutes, the difference between the actual break time and the required 30-minute break will not be considered a violation of state law, thus adding another de minimis exception for employers. The break must be documented using the employer’s normal timekeeping system. If a minor fails to clock in or out for a work period or meal break, and a time edit is necessary, the time edit must be documented and acknowledged in writing by the minor and the manager who performs the time edit.
Furthermore, Act No. 177 now exempts Louisiana employers of minors working in theatrical, modeling, motion picture or television production, musical occupations or in other performing arts from procuring and keeping on file an employment certificate for each minor as mandated by La. R.S. 23:182. Act No. 177 further provides that, instead of mailing the employment certificate to the employer for whom issued, it should be returned to the minor for delivery to the employer. The employer must keep the employment certificate on file for a 14-day period after the termination of the minor’s employment.