On June 24, 2022, the Supreme Court of the United States issued a decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, holding that the U.S. Constitution does not protect a right to an abortion, and returning the authority to regulate abortion to individual states. Louisiana was one of thirteen states that had “trigger laws” that went into effect immediately or by quick state action when Roe was overturned and that either completely banned or severely limited abortions.

Louisiana’s trigger law, originally passed in 2006, was updated in 2022 when Governor John Bel Edwards signed Senate Bill 342 into law as Act No. 545. Act No. 545 bans all abortions except to address ectopic pregnancies or instances when an unborn child “is deemed to be medically futile.” The new law has no exceptions for victims of rape or incest. The law also increases criminal penalties for abortion providers already outlined in state law, doubling the maximum sentences to ten and fifteen years and imposing fines of up to $200,000, depending on when an abortion is performed during a pregnancy. As of August 15, 2022, Act No. 545 is in effect and abortion is not presently available in Louisiana except under very narrow exceptions permitted by Act No. 545.

The Dobbs decision and Louisiana’s Act No. 545 present serious challenges for Louisiana employees and employers that will be litigated over the next few years. In the meantime, Louisiana employers may want to consider the...

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