§ 1. Governing Statutory & Common Law Authority
The enforceability of non-competition agreements in Louisiana is governed by La. R.S. § 23:921. Non-competes enforceable under strict statutory requirements. Must specify parish (county), municipality, and cannot exceed 2 years.
§ 2. Compensation Threshold Requirements
Louisiana does not impose a minimum salary threshold for non-compete enforceability. This means non-competes may be enforced against employees at any income level, including hourly and part-time workers.
§ 3. Temporal Limitations on Post-Employment Restrictions
Louisiana limits enforceable non-compete duration to 24 months from separation. Statutory maximum of 2 years. Agreements exceeding this cap may be subject to judicial modification or voided entirely.
§ 4. Judicial Modification (Red Pencil Doctrine)
Louisiana applies the red pencil doctrine: if any provision is unreasonable, the entire non-compete is void. Courts will not rewrite the agreement. This places the drafting burden on employers and can benefit employees challenging overbroad restrictions.
§ 5. Consideration & Contract Formation
Must be in writing and must specify parishes/municipalities. Whether this is legally sufficient — especially for agreements presented mid-employment rather than at hiring — is frequently contested.
§ 6. Effect of Involuntary Termination
Statute does not distinguish based on method of termination. Courts may apply heightened scrutiny when the employer initiated the termination, particularly for termination without cause or mass layoffs.
Practitioner Notes
Unique requirement to specify parishes. Red-pencil approach means overbroad agreements are void entirely.