What is the minimum wage?
No Louisiana statute sets a state minimum wage rate for private employers. No local governmental subdivision, such as a parish or municipality, may set a minimum wage rate that a private employer would be required to pay . The same provision bars local governments from setting a mandatory minimum number of vacation or sick leave days, whether paid or unpaid . The legislature declared that decisions on minimum wage and employee benefit policy must be made by the state .
This guide covers Louisiana law only; the wage and hour practice guide covers federal law, including the federal minimum wage, overtime and tip credit.
The legislature based this statewide approach on its conclusion that a business must work in a uniform environment with respect to minimum wage rates and minimum vacation or sick leave days :
Sources for this answer
No Louisiana local governmental subdivision may establish a minimum wage rate, or a mandatory minimum number of paid or unpaid vacation or sick leave days, that a private employer would be required to pay or grant employees.
Therefore, pursuant to the police powers ultimately reserved to the state by Article VI, Section 9 of the Constitution of Louisiana, 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.
See La. R.S. 23:642(B)
The Louisiana Legislature declared that decisions regarding minimum wage and employee benefit policy must be made by the state to preserve consistency in the wage market.
Consequently, decisions regarding minimum wage and employee benefit policy must be made by the state so that consistency in the wage market is preserved.
See La. R.S. 23:642(A)(3)
The Louisiana Legislature found that businesses must work in a uniform environment with respect to minimum wage rates and mandatory minimum vacation or sick leave days.
The legislature concludes from these findings that, in order for a business to remain competitive and yet to attract and retain the highest possible caliber of employees, and thereby to remain sound, an enterprise must work in a uniform environment with respect to minimum wage rates and mandatory, minimum number of vacation or sick leave days.
See La. R.S. 23:642(A)(3)
When is overtime owed?
Louisiana's labor title (Title 23 of the Revised Statutes) sets no overtime pay rule, daily or weekly, for private employers. Its hour rules instead limit how long young workers may work, other than minors employed in agriculture or in domestic service in private homes: no minor under the age of sixteen may work more than eight hours in any one day, or more than six consecutive days in any one week . A minor under sixteen who has not graduated from high school may not work more than forty hours in any one week .
Tighter limits apply while school is in session. Minors under sixteen may not work more than three hours on a school day, or more than eighteen hours in a school week . Whether a given day or week counts as a school day or school week depends on the calendar of the school the minor attends, or the public school calendar for the district where the minor lives .
Louisiana also limits night work for minors who have not graduated from high school. Those under sixteen may not work between 7:00 p.m. and 7:00 a.m., except that from June first through Labor Day the permitted hours extend to 9:00 p.m. . Sixteen-year-olds may not work between 11:00 p.m. and 5:00 a.m. before the start of any school day , and seventeen-year-olds may not work between 12:00 a.m. and 5:00 a.m. before the start of any school day . Minors employed in the dairy industry are exempt from these night-work and forty-hour rules .
For these night-work and forty-hour rules, a minor who has taken and passed the General Education Development test (GED) and been awarded a high school Equivalency Diploma from the Louisiana Department of Education is treated as having graduated from high school .
A separate hours cap applies to work in compressed air: the maximum total hours in twenty-four that one may work fall as the pressure rises, from eight hours at normal pressure up to eighteen pounds per square inch down to one hour at forty-eight to fifty pounds .
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A minor under the age of sixteen may not be employed more than eight hours in any one day or more than six consecutive days in any one week.
No minor under the age of sixteen shall be employed, permitted, or suffered to work in any gainful occupation more than eight hours in any one day, nor more than six consecutive days in any one week.
See La. R.S. 23:211
A minor under sixteen who has not graduated from high school may not be employed more than forty hours in any one week.
No minor under sixteen years of age who has not graduated from high school shall be employed, or permitted, or suffered to work in, about, or in connection with any occupation, more than forty hours in any one week.
See La. R.S. 23:215(C)
A minor under sixteen may not be employed more than three hours on a day when school is in session or more than eighteen hours in a week when school is in session.
Minors under sixteen years of age shall not be employed, permitted, or suffered to work more than three hours each day on any day when school is in session, nor more than eighteen hours in any week when school is in session.
See La. R.S. 23:214(A)
A minor under sixteen who has not graduated from high school may not work between 7:00 p.m. and 7:00 a.m., except that from June first through Labor Day the permissible hours extend to 9:00 p.m.
No minor under sixteen years of age who has not graduated from high school shall be employed, or permitted, or suffered to work between the hours of 7:00 p.m. and 7:00 a.m.; except from June first through Labor Day at which time the permissible hours are extended to 9:00 p.m.
See La. R.S. 23:215(B)
A sixteen-year-old minor who has not graduated from high school may not work between 11:00 p.m. and 5:00 a.m. before the start of any school day.
No minor sixteen years of age who has not graduated from high school shall be employed, or permitted, or suffered to work between the hours of 11:00 p.m. and 5:00 a.m. prior to the start of any school day.
See La. R.S. 23:215(A)(1)
A seventeen-year-old minor who has not graduated from high school may not work between 12:00 a.m. and 5:00 a.m. before the start of any school day.
No minor seventeen years of age who has not graduated from high school shall be employed, or permitted, or suffered to work between the hours of 12:00 a.m. and 5:00 a.m. prior to the start of any school day.
See La. R.S. 23:215(A)(2)
Minors employed in the dairy industry are exempt from the provisions of R.S. 23:215.
Minors who are employed in the dairy industry shall be exempt from the provisions of this Section.
See La. R.S. 23:215(B)
For R.S. 23:215, a minor who has passed the GED test and been awarded a high school Equivalency Diploma from the Louisiana Department of Education is considered to have graduated from high school.
For purposes of this Section, a minor who has taken and passed a General Education Development test (GED) and who has been awarded a high school Equivalency Diploma from the Louisiana Department of Education will be considered to have graduated from high school.
See La. R.S. 23:215(E)
A person may work in compressed air no more than a set maximum of total hours in twenty-four, falling from eight hours at normal pressure up to eighteen pounds per square inch to one hour at forty-eight to fifty pounds.
The maximum total hours in twenty-four that one may work in compressed air shall be as follows: Normal to a pressure of eighteen pounds per square inch, eight hours; eighteen pounds to twenty-six pounds, six hours; twenty-six pounds to thirty-three pounds, four hours; thirty-three pounds to thirty-eight pounds, three hours; thirty-eight pounds to forty-three pounds, two hours; forty-three pounds to forty-eight pounds, one and one-half hours; forty-eight pounds to fifty pounds, one hour.
See La. R.S. 23:485
A school day or week for a minor is determined by the calendar of the school the minor attends or the public school calendar for the district where the minor resides.
The school calendar of the school in which the minor is enrolled or the public school calendar for the district in which the minor resides shall be used to determine a school day or week.
See La. R.S. 23:214(B)
The Louisiana Part governing the employment of minors does not apply to minors employed in agriculture or in domestic services in private homes.
The provisions of this Part shall not apply to minors employed in agriculture, domestic services in private homes, nor shall they be construed as conflicting with any laws requiring minors to attend school.
See La. R.S. 23:151
Are breaks required?
Louisiana requires a meal interval for minors under sixteen, other than minors employed in agriculture or in domestic service in private homes, who may not work any five-hour period without at least thirty minutes for meals, subject to two statutory de minimis tolerances . A work period before the interval that runs past five hours by ten minutes or less, and a meal break that lasts at least twenty minutes, are each treated as de minimis (too small to count) and are not violations . That interval is thirty minutes and is not counted as part of the working hours of the day ; the cited section does not otherwise state whether the interval is paid.
Louisiana's labor title (Title 23) sets no general meal or rest break requirement for adult employees; a separate break rule found there covers people who work in compressed air, whose working time in any twenty-four hours is divided into two shifts with an interval in open air . A person who has not previously worked in compressed air may work only one shift during the first twenty-four hours . The minimum rest interval in open air between those shifts depends on the pressure, from one hour at the lowest pressures listed to six hours at forty-eight to fifty pounds per square inch . A person who violates the compressed-air provisions may be fined not more than five thousand dollars, imprisoned not more than six months, or both .
Louisiana's pregnancy-accommodation law applies only to an employer that employs more than twenty-five employees in the state for each working day in each of twenty or more calendar weeks in the current or preceding calendar year . That law makes it unlawful for a covered employer to fail or refuse to make reasonable accommodations for an applicant or employee with covered limitations, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business . The employer need not create an additional employment opportunity or a new position, including a light duty position, or discharge an employee, transfer an employee with more seniority, or promote an employee who is not qualified, unless it does so for other employees who need a reasonable accommodation . Covered limitations are medical needs causing limitations arising from pregnancy, childbirth or related medical conditions, where the employer knows of those limitations . The reasonable accommodations listed include scheduled and more frequent or longer compensated break periods, more frequent bathroom breaks, and a private place, other than a bathroom stall, for expressing breast milk .
For minors, the break must be documented in the employer's normal timekeeping system . When a minor fails to clock in or out for a work period or meal break and a time edit is needed, the edit must be documented and acknowledged in writing by both the minor and the manager who performs it .
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A minor under sixteen may not work any five-hour period without one meal interval of at least thirty minutes within that period.
No minor under sixteen years of age shall be employed, permitted, or suffered to work for any five-hour period without one interval of at least thirty minutes within such period for meals.
See La. R.S. 23:213
The meal interval required for a minor under sixteen is thirty minutes and is not included as part of the working hours of the day.
Such interval shall not be included as part of the working hours of the day. This interval shall be thirty minutes.
See La. R.S. 23:213
Working time in compressed air in any twenty-four hours must be divided into two shifts with an interval in open air.
The working time in any twenty-four hours shall be divided into two shifts under compressed air with an interval in open air.
See La. R.S. 23:484
A person who has not previously worked in compressed air may work only one shift in compressed air during the first twenty-four hours.
Persons who have not previously worked in compressed air shall work therein but one shift during the first twenty-four hours.
See La. R.S. 23:484
The minimum open-air rest interval between shifts in compressed air rises with the working pressure, from one hour at the lowest listed pressures to six hours at forty-eight to fifty pounds per square inch.
The minimum rest interval in open air between shifts shall be: Normal pressure to eighteen pounds per square inch, eighteen pounds to twenty-six pounds, one hour; twenty-six pounds to thirty-three pounds, two hours; thirty-three pounds to thirty-eight pounds, three hours; thirty-eight pounds to forty-three pounds, four hours; forty-three pounds to forty-eight pounds, five hours; forty-eight pounds to fifty pounds, six hours.
See La. R.S. 23:486
A person who violates the Part governing work in compressed air may be fined not more than five thousand dollars, imprisoned not more than six months, or both.
Whoever violates the provisions of this Part shall be fined not more than five thousand dollars or imprisoned not more than six months, or both.
See La. R.S. 23:488
The Part containing R.S. 23:341 applies only to an employer that employs more than twenty-five employees in Louisiana for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.
The provisions of this Part shall apply only to an employer who employs more than twenty-five employees within this state for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.
See La. R.S. 23:341(A)
La. R.S. 23:342(B)(1) makes it an unlawful employment practice to fail or refuse to make reasonable accommodations for an applicant or employee with covered limitations absent undue hardship, while not requiring a new position, light duty, or the discharge, transfer or promotion of other employees unless the employer does so for others who need accommodation.
B. It shall be an unlawful employment practice to: (1) Fail or refuse to make reasonable accommodations for an applicant or employee with covered limitations, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer. However, the employer shall not be required to make any of the following provisions, unless the employer does so for other employees or classes of employees who need a reasonable accommodation: (a) Create any additional employment opportunity or any new position, including a light duty position for the employee. (b) Discharge an employee, transfer any employee with more seniority, or promote another employee who is not qualified to perform the job.
See La. R.S. 23:342(B)(1)
La. R.S. 23:341.1(B)(1) defines an applicant or employee with covered limitations as one with medical needs causing limitations arising from pregnancy, childbirth, or related medical conditions, where the employer knows of those limitations.
“Applicant or employee with covered limitations” means an applicant for employment or an employee with medical needs causing limitations arising from pregnancy, childbirth, or related medical conditions, where such limitations are known to the employer.
See La. R.S. 23:341.1(B)(1)
For an applicant or employee with covered limitations, the listed accommodations include scheduled and more frequent or longer compensated break periods, more frequent bathroom breaks, and a private place other than a bathroom stall for expressing breast milk.
For an applicant or employee with covered limitations, providing scheduled and more frequent or longer compensated break periods; providing more frequent bathroom breaks; providing a private place, other than a bathroom stall, for the purpose of expressing breast milk; modifying food or drink policy; providing seating or allowing the employee to sit more frequently if the job requires the employee to stand; providing assistance with manual labor and limits on lifting; temporarily transferring the employee to a less strenuous or hazardous vacant position, if qualified; providing job restructuring or light duty, if available; acquiring or modifying equipment or devices necessary for performing essential job functions; or modifying work schedules.
See La. R.S. 23:341.1(B)(2)(b)
A work period before a minor's meal interval that exceeds five hours by ten minutes or less is de minimis and not a violation.
If the period of work before the interval exceeds five hours by ten minutes or less, that difference shall be considered de minimis and shall not be considered a violation of this Section.
See La. R.S. 23:213
A minor's meal break of at least twenty minutes falls within a de minimis shortfall from the required thirty minutes and is not a violation.
If the length of the meal break is at least twenty minutes, the difference between the actual break time and the required thirty-minute break time shall be considered de minimis and shall not be considered a violation of this Section.
See La. R.S. 23:213
An employer must document a minor's meal break using its normal timekeeping system.
The break shall be documented using the employer's normal timekeeping system.
See La. R.S. 23:213
When a minor fails to clock in or out and a time edit is needed, the edit must be documented and acknowledged in writing by the minor and the manager who makes it.
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 shall be documented and acknowledged in writing by the minor and the manager who performs the time edit.
See La. R.S. 23:213
The Louisiana Part governing the employment of minors does not apply to minors employed in agriculture or in domestic services in private homes.
The provisions of this Part shall not apply to minors employed in agriculture, domestic services in private homes, nor shall they be construed as conflicting with any laws requiring minors to attend school.
See La. R.S. 23:151
When is final pay due?
Unless a collective bargaining agreement provides otherwise, a Louisiana employer must pay a discharged employee the amount then due on or before the next regular payday or no later than fifteen days after the discharge, whichever occurs first . When an employee resigns, the amount then due must be paid on or before the next regular payday for the pay cycle during which the employee was working at the time of separation, or no later than fifteen days following the resignation, whichever occurs first .
An employer that fails or refuses to comply with the final-pay section is liable to the employee, subject to a good-faith rule, for penalty wages: either ninety days wages at the employee's daily rate of pay, or full wages from the employee's demand for payment until the employer pays or tenders the unpaid wages, whichever is less . That penalty applies when the court determines that the employer's failure or refusal to pay was not in good faith . If the court instead finds that the employer's dispute over the amount was in good faith, but the employer still owes the disputed amount, the employer is liable only for the disputed wages plus judicial interest from the date the suit was filed . In a dispute over the amount due, the employer must still pay the undisputed portion by the final-pay deadline . The court must also award reasonable attorney fees, charged to the employer as costs, when an employee files a well-founded suit for unpaid wages more than three days after making a first demand following discharge or resignation .
Final pay is made at the place and in the manner customary during the employment. It may also be sent by United States mail with postage prepaid, addressed to the employee's current address in the employer's records . When final pay is mailed, the employer is deemed to have paid when it is mailed , and the timeliness of the mailing may be shown by an official United States postmark or other official documentation from the United States Postal Service . For interstate common carriers by rail, a legal holiday is not counted in computing the fifteen-day period .
Some forms of pay have their own rules. Vacation pay counts as an amount then due only if, under the employer's stated vacation policy, the employee is eligible for and has accrued the right to take paid vacation time, and has not taken or been paid for that time as of the discharge or resignation . Those vacation-pay provisions may not be read to allow forfeiture of any vacation pay an employee actually earned under the employer's policy .
A commission, incentive pay or bonus counts as an amount then due only if, at the time of separation, it has been earned and not modified under a written policy addressing that pay . Two kinds of policy are expressly lawful: one adjusting a commission for changes to the order that generated it, and one providing that a payment is not earned until the employer has received the payment that generates the commission, incentive pay or bonus . For a bonus that depends on annual, quarterly or other periodic financial results, the employer has a reasonable time, not more than one hundred twenty calendar days after the end of the period, to determine whether a bonus is due and how much it is .
No employer may require employees to sign contracts under which they forfeit their wages if they are discharged or resign before the contract is completed. In every such case the employees are entitled to the wages actually earned up to the time of separation . Neither the final-pay section nor that bar on forfeiture contracts applies to a profits interest granted or issued by an entity taxed as a partnership for federal income tax purposes .
One narrow exception covers medical examinations and drug tests. An employer may require an employee to sign a contract allowing the cost of a preemployment medical examination or drug test to be withheld from wages if the employee resigns within ninety working days of the first day of work. This applies only when the employee is paid at least one dollar above the existing federal minimum wage and is not a part-time or seasonal employee. The withholding is also not allowed if the resignation is attributable to a substantial change the employer made to the employment .
Sources for this answer
An employer must pay a discharged employee the amount then due on or before the next regular payday or no later than fifteen days after discharge, whichever occurs first.
Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first.
See La. R.S. 23:631(A)(1)(a)
An employer must pay a resigning employee the amount then due on or before the next regular payday for the pay cycle in which the employee was working at separation, or no later than fifteen days after resignation, whichever occurs first.
Upon the resignation of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday for the pay cycle during which the employee was working at the time of separation or no later than fifteen days following the date of resignation, whichever occurs first.
See La. R.S. 23:631(A)(1)(b)
Except as R.S. 23:632(B) provides, an employer that fails or refuses to comply with R.S. 23:631 is liable to the employee for the lesser of ninety days wages at the daily rate or full wages from the employee's demand until payment or tender.
Except as provided for in Subsection B of this Section, any employer who fails or refuses to comply with the provisions of R.S. 23:631 shall be liable to the employee either for ninety days wages at the employee's daily rate of pay, or else for full wages from the time the employee's demand for payment is made until the employer shall pay or tender the amount of unpaid wages due to such employee, whichever is the lesser amount of penalty wages.
See La. R.S. 23:632(A)
An employer whose failure or refusal to pay wages owed is found by the court not to be in good faith is subject to the penalty wages provided in R.S. 23:632(A).
If the court determines that the employer’s failure or refusal to pay the amount of wages owed was not in good faith, then the employer shall be subject to the penalty provided for in Subsection A of this Section.
See La. R.S. 23:632(B)
An employer whose dispute over the amount of wages due was in good faith, but who is found to owe the disputed amount, is liable only for the disputed wages plus judicial interest from the date suit is filed.
When the court finds that an employer’s dispute over the amount of wages due was in good faith, but the employer is subsequently found by the court to owe the amount in dispute, the employer shall be liable only for the amount of wages in dispute plus judicial interest incurred from the date that the suit is filed.
See La. R.S. 23:632(B)
A court must allow reasonable attorney fees, taxed as costs against the employer, when an employee files a well-founded suit for unpaid wages more than three days after the first demand following discharge or resignation.
Reasonable attorney fees shall be allowed the laborer or employee by the court which shall be taxed as costs to be paid by the employer, in the event a well-founded suit for any unpaid wages whatsoever be filed by the laborer or employee after three days shall have elapsed from time of making the first demand following discharge or resignation.
See La. R.S. 23:632(C)
Final pay must be made at the customary place and in the customary manner, except that it may be sent by prepaid United States mail to the employee's current address in the employer's records.
Payment shall be made at the place and in the manner which has been customary during the employment, except that payment may be made via United States mail to the laborer or other employee, provided postage has been prepaid and the envelope properly addressed with the employee's or laborer's current address as shown in the employer's records.
See La. R.S. 23:631(A)(2)
When final pay is made by mail, the employer is deemed to have made the payment when it is mailed.
In the event payment is made by mail the employer shall be deemed to have made such payment when it is mailed.
See La. R.S. 23:631(A)(2)
The timeliness of a mailed final payment may be shown by an official United States postmark or other official United States Postal Service documentation.
The timeliness of the mailing may be shown by an official United States postmark or other official documentation from the United States Postal Service.
See La. R.S. 23:631(A)(2)
For interstate common carriers by rail, a legal holiday is not counted in computing the fifteen-day final-pay period in R.S. 23:631(A).
With respect to interstate common carriers by rail, a legal holiday shall not be considered in computing the fifteen-day period provided for in Subsection A of this Section.
See La. R.S. 23:631(C)
The final-pay timing rules of R.S. 23:631(A) do not apply when a collective bargaining agreement between the employer and the employee provides otherwise.
The provisions of this Subsection shall not apply when there is a collective bargaining agreement between the employer and the laborer or other employee which provides otherwise.
See La. R.S. 23:631(A)(3)
Under R.S. 23:631, vacation pay is an amount then due only if, under the employer's stated vacation policy, the employee is eligible for and has accrued paid vacation time and has not taken or been paid for it as of separation.
For purposes of this Section, vacation pay will be considered an amount then due only if, in accordance with the stated vacation policy of the person employing such laborer or other employee, both of the following apply: (a) The laborer or other employee is deemed eligible for and has accrued the right to take vacation time with pay. (b) The laborer or other employee has not taken or been compensated for the vacation time as of the date of the discharge or resignation.
See La. R.S. 23:631(D)(1)
The vacation-pay provisions of R.S. 23:631(D) may not be interpreted to allow forfeiture of vacation pay an employee actually earned under the employer's policy.
The provisions of this Subsection shall not be interpreted to allow the forfeiture of any vacation pay actually earned by an employee pursuant to the employer's policy.
See La. R.S. 23:631(D)(2)
For R.S. 23:631 and R.S. 23:634, a commission, incentive pay or bonus is an amount then due only if, at separation, it has been earned and not modified under a written policy addressing that compensation.
For purposes of this Section and R.S. 23:634, compensation available in the form of commission, incentive pay, or bonus shall be considered an amount then due only if, at the time of separation, the compensation has been earned and not modified in accordance with a written policy addressing the commission, incentive pay, or bonus.
See La. R.S. 23:631(E)(1)
R.S. 23:631 makes lawful a policy adjusting a commission for changes to the generating order and a policy that pay is not earned until the employer receives the payment that generates the commission, incentive pay or bonus.
The following provisions shall be lawful: (a) A policy providing for adjustments to the amount based on changes to the order generating a commission which affects the amount of the commission. (b) A policy providing that a payment to the laborer or employee is not earned unless and until the employer has received the payment which generates the commission, incentive pay, or bonus.
See La. R.S. 23:631(E)(2)
For a bonus determined by periodic financial performance, an employer has a reasonable time, not exceeding one hundred twenty calendar days after the period ends, to determine whether a bonus is due and its amount.
In the case of a bonus, the amount of which is determined by financial information reflecting the employee's or employer's performance on an annual, quarterly, or other periodic basis, a reasonable amount of time, not to exceed one hundred twenty calendar days from the end of such periodic basis, shall be allowed based on standard accounting practices used by the employer to make the determination as to whether a bonus is due and the amount thereof.
See La. R.S. 23:631(E)(3)
No employer may require employees to sign contracts forfeiting their wages if they are discharged or resign before the contract is completed, and employees remain entitled to wages actually earned.
No person, acting either for himself or as agent or otherwise, shall require any of his employees to sign contracts by which the employees shall forfeit their wages if discharged before the contract is completed or if the employees resign their employment before the contract is completed; but in all such cases the employees shall be entitled to the wages actually earned up to the time of their discharge or resignation.
See La. R.S. 23:634(A)
R.S. 23:631 and R.S. 23:634 do not apply to a profits interest granted or issued by an entity taxed as a partnership for federal income tax purposes.
The provisions of this Section and R.S. 23:634 shall not apply to profits interest granted or issued by an entity taxed as a partnership for federal income tax purposes.
See La. R.S. 23:631(F)
An employer may require a qualifying full-time employee paid at least one dollar above the existing federal minimum wage to sign a contract allowing preemployment medical examination or drug test costs to be withheld if the employee resigns within ninety working days, unless the resignation is attributable to a substantial change made by the employer.
Nothing in Subsection A of this Section or in R.S. 23:631(A) shall prohibit an employer from requiring an applicant for employment who becomes an employee or an employee, provided the employee is compensated at a rate equivalent to not less than one dollar above the existing federal minimum wage and is not a part-time or seasonal employee as defined in R.S. 23:1021, to sign a contract providing that the costs of such individual's preemployment medical examination or drug test may be withheld from his wages if he resigns within ninety working days from his first day of work, and, upon resignation, withholding such costs, unless such resignation is attributable to a substantial change made to the employment by the employer as applied in the Louisiana Employment Security Law.
See La. R.S. 23:634(B)
When the amount of final pay is disputed, the employer must pay the undisputed portion within the R.S. 23:631(A) deadline.
In the event of a dispute as to the amount due under this Section, the employer shall pay the undisputed portion of the amount due as provided for in Subsection A of this Section.
See La. R.S. 23:631(B)
How often must workers be paid?
A Louisiana employer that fails to designate paydays must pay its employees on the first and sixteenth days of the month or as near as practicable, subject to the section's employee exclusions and its separate industry rule . The section does not cover employees in a bona fide executive, administrative, supervisory or professional capacity or employees exempt under the federal Fair Labor Standards Act , it does not apply to the clerical force or to salesmen except at public service corporations, and listed manufacturing, oil-boring, mining and public service employers are subject to a separate twice-monthly rule .
The twice-monthly rule reaches only listed industries. It covers every person engaged in manufacturing of any kind, or in boring for oil and in mining operations, employing ten or more employees, and every public service corporation. These employers must pay in full at least twice each calendar month, with paydays two weeks apart as near as practicable. Payment must cover all amounts due for the payroll period and is payable no later than the payday at the end of the next payroll period. Except for public service corporations, the rule does not apply to the clerical force or to salesmen .
No Louisiana wage-payment statute prescribes pay-stub contents; the duty R.S. 23:633(A) does impose is to tell employees at hire their wages, the method of payment and how often they will be paid, along with any later changes . Employers must also post, in the same location as other employee notices required by state or federal laws, a notice provided by Louisiana Works that restates this duty and explains how an employee may complain about a failure to pay as agreed .
Louisiana also limits what may come out of a paycheck. An employer may not assess fines against employees or deduct fines from their wages . That bar does not apply when an employee wilfully or negligently damages goods, works or the employer's property, or has been convicted of or pled guilty to theft of employer funds. Even then, the fine may not exceed the actual damage done . Separately, an employer may not collect any amount from employees, by wage deduction or otherwise, to pay or reimburse premiums on liability or compensation insurance . The premium bar does not prevent an employer from carrying its own insurance for its own employees, and it does not apply to an employer qualified under Louisiana law to engage in the liability insurance business . Nor does it prevent an independent contractor who is a sole proprietor, and who has elected by written agreement not to be covered by the workers' compensation chapter, from entering into a contract with the principal under which the contractor is responsible for securing insurance or self-insurance for that chapter's benefits .
Sources for this answer
Except as provided in R.S. 23:633(B), an employer that fails to designate paydays must pay employees on the first and sixteenth days of the month or as near as practicable.
Except as provided under Subsection B of this Section, any employer that fails to designate paydays must pay his employees on the first and sixteenth days of the month or as near as is practicable to those days.
See La. R.S. 23:633(A)
Listed manufacturing, oil-boring and mining employers with ten or more employees, and every public service corporation, must pay employees in full at least twice each calendar month, with a clerical-force and salesmen exclusion for employers other than public service corporations.
Every person, engaged in manufacturing of any kind, or engaged in boring for oil and in mining operations, employing ten or more employees, and every public service corporation, shall make full payment to employees for services performed no less than twice during each calendar month, which paydays shall be two weeks apart as near as is practicable, and such payment or settlement shall include all amounts due for labor or services performed during any such payroll period and shall be payable no later than the payday at the conclusion of the next payroll period, provided that, except in cases of public service corporations, this Section shall not apply to the clerical force or to salesmen.
See La. R.S. 23:633(B)
An employer subject to R.S. 23:633 must inform employees at the time of hire of their wages, the method of payment and the frequency of payment, and of any later changes.
It shall be the duty of each employer subject to this Section to inform his employees at the time of hire what wages they will be paid, the method in which they will be paid and the frequency of payment along with any subsequent changes thereto.
See La. R.S. 23:633(A)
An employer must post, where it posts other employee notices required by state or federal law, a notice provided by Louisiana Works stating the employer's duty to disclose wage terms at hire and the steps for an employee who is not paid as agreed.
Employers shall post, in the same location where they post other employee notices required by state or federal laws, a notice provided by Louisiana Works that states, as follows: “Your employer has a duty to inform you at the time of your hire what your wage rate will be, how often you will be paid and how you will be paid, and of any subsequent changes thereto. If your employer should, for reasons within his control, fail to pay you according to that agreement, you must first lodge a complaint with him. If no action is taken to resolve your complaint, you may report the violation to the office of workforce development within Louisiana Works.”
See La. R.S. 23:633(D)
For R.S. 23:633, the term employee excludes individuals employed in a bona fide executive, administrative, supervisory or professional capacity and employees exempt under the federal Fair Labor Standards Act.
For purposes of this Section, the term “employee” does not include any individual employed in a bona fide executive, administrative, supervisory, or professional capacity or any employee considered exempt pursuant to the federal Fair Labor Standards Act.
See La. R.S. 23:633(C)
An employer may not assess fines against employees or deduct fines from their wages.
No person, acting either for himself or as agent or otherwise, shall assess any fines against his employees or deduct any sum as fines from their wages.
See La. R.S. 23:635
The bar on wage fines does not apply to wilful or negligent damage by employees or to theft of employer funds, but such fines may not exceed the actual damage done.
This Section shall not apply in cases where the employees wilfully or negligently damage goods or works, or in cases where the employees wilfully or negligently damage or break the property of the employer, or in cases where the employee is convicted or has pled guilty to the crime of theft of employer funds, but in such cases the fines shall not exceed the actual damage done.
See La. R.S. 23:635
An employer may not collect any amount from employees, by wage deduction or otherwise, to pay or reimburse premiums on liability or compensation insurance.
It shall be unlawful for any employer, or his agent or representative, to collect from any of his employees directly or indirectly either by way of deduction from the employee's wages, salary, compensation, or otherwise, any amount whatever, or to demand, request, or accept any amount from any employee, either for the purpose of paying the premium in whole or in part on any liability or compensation insurance of any kind whatever on behalf of any employee or to reimburse such employer in whole or in part for any premium on any insurance against any liability whatever to any employee or for the purpose of the employer carrying any such insurance for the employer's own account, or to demand or request of any employee to make any payment or contribution for any such purpose to any other person.
See La. R.S. 23:1163(A)
The bar on collecting insurance premiums from employees does not prevent an employer from carrying its own insurance for its own employees and does not apply to an employer qualified under Louisiana law to engage in the liability insurance business.
Nothing herein shall be construed to prevent any employer from carrying his own insurance towards his own employees; nothing herein shall apply to an employer qualified under the laws of this state to engage in the liability insurance business.
See La. R.S. 23:1163(B)
The bar on collecting insurance premiums does not prevent a sole-proprietor independent contractor who has elected by written agreement not to be covered by the workers' compensation chapter from contracting with the principal to be responsible for securing insurance or self-insurance for that chapter's benefits.
In addition, nothing herein shall be construed to prevent an independent contractor who is a sole proprietor and who has elected by written agreement not to be covered by the provisions of this Chapter in accordance with R.S. 23:1035 from entering into a contract with his principal pursuant to which the independent contractor is responsible for securing insurance or self-insurance for the benefits provided pursuant to this Chapter or to reduce payments to the independent contractor for coverage of the independent contractor or his employees pursuant to a contract, nor shall it be a violation of this Section if a principal has agreed to provide workers' compensation insurance to all contractors working under a contract with the principal and for the cost of this coverage to be a consideration in the contract between the principal and the contractors.
See La. R.S. 23:1163(B)
Employee or independent contractor?
Louisiana's final-pay statute does not define who is an employee or an independent contractor. In Knight v. Tucker, a wage claim under R.S. 23:631, the Louisiana Second Circuit Court of Appeal said that Louisiana law provides no definition of employee in the pertinent section, which speaks only of any laborer or other employee of any kind whatever . Applying the principal-and-independent-contractor factors, the court concluded that the plaintiff was an employee of the firm and entitled to the benefits due to persons so classified under Louisiana law . Citing Hickman v. Southern Pacific Transport Co. , the court in Knight v. Tucker treated five factors as relevant to that question: a valid contract between the parties; work of an independent nature, so that the contractor may employ nonexclusive means in accomplishing it; a contract calling for specific piecework as a unit, done by the contractor's own methods without the principal's control and direction except as to the result; a specific price agreed for the overall undertaking; and a specific duration not subject to termination or discontinuance at the will of either side without a corresponding liability for breach . In Hickman, the Louisiana Supreme Court called the control over the work reserved by the employer the principal test, and explained that what matters is not the supervision and control actually exercised but whether, from the nature of the relationship, the right to control exists .
For purposes of its workers' compensation chapter only, Louisiana defines an independent contractor as a person who renders service, other than manual labor, for a specified recompense for a specified result, under the principal's control as to results only and not as to the means . Under that same definition, a contractor who spends a substantial part of work time in manual labor carrying out the contract is expressly covered by the workers' compensation chapter .
For purposes of its employment security (unemployment insurance) chapter only, Louisiana treats services performed for wages or under any contract of hire as employment unless and until it is shown to the administrator's satisfaction that three conditions are met . First, the individual has been and will continue to be free from control or direction over the services, both under the contract and in fact . Second, the service is outside the usual course of the business, or is performed outside all of its places of business . Third, the individual is customarily engaged in an independently established trade, occupation, profession or business . Notwithstanding any contrary provision of that chapter, R.S. 23:1711.1 creates a rebuttable presumption of an independent contractor relationship when the individual or entity controls the performance, methods or processes used to perform services and meets at least six of the listed criteria, which include operating an independent business that provides services for or in connection with the contracting party and representing the services as self-employment available to others . Any contracting party or independent contractor may rely on that section to establish an employment or independent contractor relationship . The presumption does not apply to listed services, including a motor carrier performing services as a motor carrier under a contract with an owner operator, and any service excluded from the term employment under R.S. 23:1472(12)(H) .
The workers' compensation chapter also has trucking-specific rules. Operating a truck tractor or truck tractor trailer, including fueling, driving, connecting lines and hoses, hooking and unhooking trailers, and vehicle inspections, is not manual labor under that chapter . An owner operator, and the drivers it provides, are not employees of a common carrier or exempt hauler for that chapter's purposes if the owner operator has a written agreement with the carrier or hauler identifying itself as an independent contractor . For that chapter, an owner operator does not include an individual driver who purchases equipment from the carrier or hauler and then directly leases it back to the carrier or hauler .
Sources for this answer
The Louisiana Second Circuit Court of Appeal stated that Louisiana law provides no definition of employee in the pertinent section and that R.S. 23:631 speaks only of any laborer or other employee of any kind whatever.
Louisiana law provides no definition of employee in the pertinent section of the law. In fact, La. R.S. 23:631 states only that, upon discharge of “any laborer or other employee of any kind whatever,” it shall be the duty of the person employing the employee to pay the amount due under the terms of employment.
See Knight v. Tucker, 50,993 (La. App. 2 Cir. 11/16/16), 210 So. 3d 407
Citing Hickman, the Louisiana Second Circuit Court of Appeal treated five listed factors as relevant to whether a principal and independent contractor relationship exists.
In doing so, this court cited Hickman v. S. Pac. Transp. Co., 262 La. 102 , 262 So.2d 385 (1972), stating that the following factors were relevant in determining whether the relationship of principal and independent contractor exists: (1) there is a valid contract between the parties; (2) the work being done is of an independent nature such that the contractor may employ nonexclusive means in accomplishing it; (3) the contract calls for specific piecework as a unit to be done according to the independent contractor’s own methods, without being subject to the control and direction of the principal, except as to the result of the services to be rendered; (4) there is a specific price for the overall undertaking agreed upon; and (5) the duration of the work is for a specific time and not subject to termination or discontinuance at the will of either side without a corresponding liability for its breach.
See Knight v. Tucker, 50,993 (La. App. 2 Cir. 11/16/16), 210 So. 3d 407
The Louisiana Second Circuit Court of Appeal concluded that the plaintiff was an employee of the firm and, as such, entitled to certain benefits due to persons so classified under Louisiana law.
The only conclusion that can be reached from the facts is that Plaintiff was an employee of the Firm, and, as such, is entitled to certain benefits due to persons so classified under Louisiana law.
See Knight v. Tucker, 50,993 (La. App. 2 Cir. 11/16/16), 210 So. 3d 407
In Hickman, the Louisiana Supreme Court said that an independent contractor relationship presupposes a contract, an independent business using nonexclusive means, specific piecework done by the contractor's own methods without the employer's control except as to result, a specific price, and a specific duration not terminable at will without liability.
It is well understood by the courts of this State that the term independent contractor connotes a freedom of action and choice with respect to the undertaking in question and a legal responsibility on the part of the contractor in case the agreement is not fulfilled in accordance with its covenants. The relationship presupposes a contract between the parties, the independent nature of the contractor’s business and the nonexclusive means the contractor may employ in accomplishing the work. Moreover, it should appear that the contract calls for specific piecework as a unit to be done according to the independent contractor’s own methods, without being subject to the control and direction, in the performance of the service, of his employer, except as to the result of the services to be rendered. It must also appear that a specific price for the overall undertaking is agreed upon; that its duration is for a specific time and not subject to termination or discontinuance at the will of either side without a corresponding liability for its breach.
See Hickman v. Southern Pacific Transport Co., 262 La. 102, 262 So. 2d 385 (1972)
The Louisiana Supreme Court held that the principal test for distinguishing an independent contractor from a servant is the control over the work reserved by the employer, measured by whether the right to control exists rather than by the supervision actually exercised.
The law further recognizes that inquiry to determine whether a relationship is that of independent contractor or that of mere servant requires, among other factors, the application of the principal test: the control over the work reserved by the employer. In applying this test it is not the supervision and control which is actually exercised which is significant, the important question is whether, from the nature of the relationship, the right to do so exists.
See Hickman v. Southern Pacific Transport Co., 262 La. 102, 262 So. 2d 385 (1972)
For the Louisiana workers' compensation chapter, an independent contractor renders non-manual service for a specified result under the principal's control as to results only, and is covered by the chapter if a substantial part of the contractor's work time is spent in manual labor.
“Independent contractor” means any person who renders service, other than manual labor, for a specified recompense for a specified result either as a unit or as a whole, under the control of his principal as to results of his work only, and not as to the means by which such result is accomplished, and are expressly excluded from the provisions of this Chapter unless a substantial part of the work time of an independent contractor is spent in manual labor by him in carrying out the terms of the contract, in which case the independent contractor is expressly covered by the provisions of this Chapter.
See La. R.S. 23:1021(7)
For the Louisiana employment security chapter, services performed for wages or under a contract of hire are employment unless it is shown to the administrator's satisfaction that the individual is free from control, the service is outside the usual course or places of business, and the individual is customarily engaged in an independently established trade.
Services performed by an individual for wages or under any contract of hire, written or oral, express or implied, shall be deemed to be employment subject to this Chapter unless and until it is shown to the satisfaction of the administrator that; I. such individual has been and will continue to be free from any control or direction over the performance of such services both under his contract and in fact; and II. such service is either outside the usual course of the business for which such service is performed, or that such service is performed outside of all the places of business of the enterprise for which such service is performed; and III. such individual is customarily engaged in an independently established trade, occupation, profession or business;
See La. R.S. 23:1472(12)(E)
Notwithstanding contrary provisions of the employment security chapter, an individual or entity that controls the performance, methods or processes used to perform services and meets at least six listed criteria is rebuttably presumed to be in an independent contractor relationship with the contracting party.
Notwithstanding any provision of this Chapter to the contrary, there shall be a rebuttable presumption of an independent contractor relationship with the contracting party for whom the independent contractor performs work, if an individual or entity controls the performance, methods, or processes used to perform services and meets at least six of the following criteria: (a) The individual or entity operates an independent business that provides services for or in connection with the contracting party. (b) The individual or entity represents the provided services as self-employment available to others, including through the use of a platform application to obtain work opportunities or as a lead generation service.
See La. R.S. 23:1711.1(A)(1)
Any contracting party or independent contractor may rely on R.S. 23:1711.1 to establish an employment or independent contractor relationship.
Any contracting party or independent contractor may rely on the provisions of this Section for the purpose of establishing an employment or independent contractor relationship.
See La. R.S. 23:1711.1(A)(2)
R.S. 23:1711.1 does not apply to listed services, including a motor carrier performing services as a motor carrier under a contract with an owner operator and any service excluded from employment under R.S. 23:1472(12)(H).
The provisions of this Section shall not apply to any of the following: (1) A motor carrier who pursuant to a contract with an owner operator as defined in R.S. 23:1021 undertakes the performance of services as a motor carrier. (2) Any service excluded from the term “employment” as provided in R.S. 23:1472(12)(H).
See La. R.S. 23:1711.1(B)
For the Louisiana workers' compensation chapter, operating a truck tractor or truck tractor trailer, including listed related tasks, is not manual labor.
The operation of a truck tractor or truck tractor trailer, including fueling, driving, connecting and disconnecting electrical lines and air hoses, hooking and unhooking trailers, and vehicle inspections are not manual labor within the meaning of this Chapter.
See La. R.S. 23:1021(7)
For the Louisiana workers' compensation chapter, an owner operator and its drivers are not employees of a common carrier or exempt hauler if a written agreement identifies the owner operator as an independent contractor.
An owner operator, and the drivers provided by an owner operator, are not employees of any such common carrier or exempt hauler for the purposes of this Chapter if the owner operator has entered into a written agreement with the carrier or hauler that evidences a relationship in which the owner operator identifies itself as an independent contractor.
See La. R.S. 23:1021(10)
For the Louisiana workers' compensation chapter, an owner operator does not include an individual driver who purchases equipment from the carrier or hauler and then directly leases it back to the carrier or hauler.
For purposes of this Chapter, owner operator does not include an individual driver who purchases his equipment from the carrier or hauler, and then directly leases the equipment back to the carrier or hauler with the purchasing driver.
See La. R.S. 23:1021(10)
Is a tip credit allowed?
No Louisiana statute sets a state minimum wage rate for private employers, so no Louisiana statute provides a tip credit against one. No parish or municipality may set a minimum wage rate that a private employer must pay .
Sources for this answer
La. R.S. 23:642(B) provides that no local governmental subdivision may establish a minimum wage rate that a private employer would be required to pay.
Therefore, pursuant to the police powers ultimately reserved to the state by Article VI, Section 9 of the Constitution of Louisiana, 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.
See La. R.S. 23:642(B)
How is it enforced?
A Louisiana employee owed wages under the final-pay section has the right to file an action to enforce the wage claim and proceed under Code of Civil Procedure Article 2592 . Besides any other proper court, employees may sue for wages due in the district court of the parish where the work was performed . An action to recover compensation for services rendered, including salaries, wages and commissions, is subject to a liberative prescription (a time bar) of three years .
The wage-payment chapter's remedies include penalty wages of ninety days wages at the employee's daily rate of pay or full wages from the employee's demand until the employer pays or tenders the unpaid wages due, whichever is less , which apply when a court determines that the employer's failure or refusal to pay was not in good faith . They also include reasonable attorney fees, taxed as costs against the employer, for a well-founded wage suit filed more than three days after the first demand following discharge or resignation .
No employer may require employees to sign contracts that forfeit their wages if they are discharged or resign before the contract is completed . A person who violates that bar, or the bar on fines against employees, may be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not less than thirty days nor more than three months .
A violation of the payday and disclosure rules may be fined not less than twenty-five dollars nor more than two hundred fifty dollars for each day's violation , and a second violation may add imprisonment of not less than ten days . A person who violates the bar on collecting insurance premiums from employees may be fined not more than five hundred dollars, imprisoned with or without hard labor for not more than one year, or both . That person is also assessed civil penalties by the workers' compensation judge of five hundred to five thousand dollars, payable to the employee, plus reasonable attorney fees . Restitution must be ordered up to the amount collected from the employee's wages, salary or other compensation .
The notice text set out in the payday section tells an employee whose employer fails, for reasons within its control, to pay as agreed to first lodge a complaint with the employer . Notice language set out in the payday section tells an employee that an unresolved violation may be reported to the office of workforce development within Louisiana Works .
Child-labor rules have a separate enforcement scheme, distinct from the wage-payment remedies above. The secretary is empowered to enforce the child-labor Part's civil provisions, adopt rules and conduct investigations . A person who violates the Part, where no other penalty is provided, may be fined one hundred to five hundred dollars, imprisoned for thirty days to six months, or both . A violator is also liable for a civil penalty of up to five hundred dollars . Louisiana Works may impose those civil penalties only by a ruling of the secretary after an adjudicatory hearing under the Administrative Procedure Act . The secretary may bring civil proceedings in the Nineteenth Judicial District Court to enforce those rulings , and may also seek an injunction in that court to restrain violations .
Sources for this answer
An employee has the right to file an action to enforce a wage claim under R.S. 23:631 and proceed under Code of Civil Procedure Article 2592.
The employee shall have the right to file an action to enforce such a wage claim and proceed pursuant to Code of Civil Procedure Article 2592.
See La. R.S. 23:631(B)
Employees may sue their employers for wages due in the district court of the parish where the work was performed, in addition to any other appropriate court.
In addition to all other locations and courts in which such suit may be appropriate, workmen, laborers, clerks, and all other employees may sue their employers or hirers for any wages or salary due and owing in the district court of the parish where the work was performed.
See La. R.S. 23:639
An action for the recovery of compensation for services rendered, including salaries, wages and commissions, is subject to a liberative prescription of three years.
The following actions are subject to a liberative prescription of three years: (1) An action for the recovery of compensation for services rendered, including payment of salaries, wages, commissions, professional fees, fees and emoluments of public officials, freight, passage, money, lodging, and board; (2) An action for arrearages of rent and annuities; (3) An action on money lent; (4) An action on an open account; and (5) An action to recover underpayments or overpayments of royalties from the production of minerals, provided that nothing herein applies to any payments, rent, or royalties derived from state-owned properties.
See La. Civ. Code art. 3494(1)
Except as R.S. 23:632(B) provides, an employer that fails or refuses to comply with R.S. 23:631 is liable to the employee for the lesser of ninety days wages at the daily rate or full wages from the employee's demand until payment or tender.
Except as provided for in Subsection B of this Section, any employer who fails or refuses to comply with the provisions of R.S. 23:631 shall be liable to the employee either for ninety days wages at the employee's daily rate of pay, or else for full wages from the time the employee's demand for payment is made until the employer shall pay or tender the amount of unpaid wages due to such employee, whichever is the lesser amount of penalty wages.
See La. R.S. 23:632(A)
An employer whose failure or refusal to pay wages owed is found by the court not to be in good faith is subject to the penalty wages provided in R.S. 23:632(A).
If the court determines that the employer’s failure or refusal to pay the amount of wages owed was not in good faith, then the employer shall be subject to the penalty provided for in Subsection A of this Section.
See La. R.S. 23:632(B)
La. R.S. 23:632(C) requires the court to allow reasonable attorney fees, taxed as costs against the employer, when a well-founded suit for unpaid wages is filed more than three days after the first demand following discharge or resignation.
Reasonable attorney fees shall be allowed the laborer or employee by the court which shall be taxed as costs to be paid by the employer, in the event a well-founded suit for any unpaid wages whatsoever be filed by the laborer or employee after three days shall have elapsed from time of making the first demand following discharge or resignation.
See La. R.S. 23:632(C)
No employer may require employees to sign contracts forfeiting their wages on discharge or resignation before the contract is completed.
No person, acting either for himself or as agent or otherwise, shall require any of his employees to sign contracts by which the employees shall forfeit their wages if discharged before the contract is completed or if the employees resign their employment before the contract is completed; but in all such cases the employees shall be entitled to the wages actually earned up to the time of their discharge or resignation.
See La. R.S. 23:634(A)
An employer may not assess fines against employees or deduct fines from their wages.
No person, acting either for himself or as agent or otherwise, shall assess any fines against his employees or deduct any sum as fines from their wages.
See La. R.S. 23:635
A person who violates R.S. 23:634 or R.S. 23:635 may be fined twenty-five to one hundred dollars or imprisoned for thirty days to three months.
Whoever violates the provisions of R.S. 23:634 or R.S. 23:635, shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not less than thirty days nor more than three months.
See La. R.S. 23:636
A person who violates R.S. 23:633(A) or (B) may be fined twenty-five to two hundred fifty dollars for each day's violation.
Whoever violates Subsection A or B of this Section shall be fined not less than twenty-five dollars nor more than two hundred fifty dollars for each day's violation.
See La. R.S. 23:633(E)
A second violation of R.S. 23:633(A) or (B) may subject a person to imprisonment of not less than ten days in addition to fines.
A second such violation may, in addition to such fines, subject a person to imprisonment of not less than ten days.
See La. R.S. 23:633(E)
An employer may not collect any amount from employees, by wage deduction or otherwise, to pay or reimburse premiums on liability or compensation insurance.
It shall be unlawful for any employer, or his agent or representative, to collect from any of his employees directly or indirectly either by way of deduction from the employee's wages, salary, compensation, or otherwise, any amount whatever, or to demand, request, or accept any amount from any employee, either for the purpose of paying the premium in whole or in part on any liability or compensation insurance of any kind whatever on behalf of any employee or to reimburse such employer in whole or in part for any premium on any insurance against any liability whatever to any employee or for the purpose of the employer carrying any such insurance for the employer's own account, or to demand or request of any employee to make any payment or contribution for any such purpose to any other person.
See La. R.S. 23:1163(A)
A person who violates R.S. 23:1163 may be fined not more than five hundred dollars, imprisoned with or without hard labor for not more than one year, or both.
Whoever violates any provision of this Section shall be fined not more than five hundred dollars, or imprisoned with or without hard labor for not more than one year, or both.
See La. R.S. 23:1163(C)
A person who violates the bar on collecting insurance premiums from employees is assessed civil penalties of five hundred to five thousand dollars by the workers' compensation judge, payable to the employee, plus reasonable attorney fees.
In addition to the criminal penalties provided for in Subsection C of this Section, any person violating the provisions of this Section shall be assessed civil penalties by the workers' compensation judge of not less than five hundred dollars and not more than five thousand dollars payable to the employee and reasonable attorney fees.
See La. R.S. 23:1163(D)
For a violation of the bar on collecting insurance premiums from employees, restitution must be ordered up to the amount collected from the employee's wages, salary or other compensation.
Restitution shall be ordered up to the amount collected from the employee's wages, salary or other compensation.
See La. R.S. 23:1163(D)
The notice text set out in R.S. 23:633(D) tells an employee whose employer fails, for reasons within its control, to pay as agreed to first lodge a complaint with the employer.
If your employer should, for reasons within his control, fail to pay you according to that agreement, you must first lodge a complaint with him.
See La. R.S. 23:633(D)
The notice text set out in R.S. 23:633(D) tells an employee that an unresolved complaint may be reported to the office of workforce development within Louisiana Works.
If no action is taken to resolve your complaint, you may report the violation to the office of workforce development within Louisiana Works.
See La. R.S. 23:633(D)
The secretary is empowered to enforce the civil provisions of the child-labor Part, adopt rules and conduct investigations to ensure enforcement.
The secretary is empowered to enforce the civil provisions of this Part and to adopt and promulgate such reasonable rules and regulations and to conduct such investigations as he deems necessary to ensure enforcement of this Part.
See La. R.S. 23:231(G)
A person who violates the child-labor Part, where no other penalty is provided, may be fined one hundred to five hundred dollars, imprisoned thirty days to six months, or both.
Any person who violates Subsection A or any other provision of this Part for which a penalty is not otherwise provided shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned for not less than thirty days nor more than six months, or both.
See La. R.S. 23:231(B)
A person who violates the child-labor Part is liable, in addition to the criminal penalty, for a civil penalty not exceeding five hundred dollars.
Any person violating the provisions of this Part shall, in addition to the criminal penalty provided in Subsection B, be liable for a civil penalty not to exceed five hundred dollars.
See La. R.S. 23:231(C)(1)
Louisiana Works may impose child-labor civil penalties only by a ruling of the secretary after an adjudicatory hearing under the Administrative Procedure Act.
Civil penalties for a violation of this Part may be imposed by Louisiana Works only by a ruling of the secretary pursuant to an adjudicatory hearing held in accordance with the Administrative Procedure Act.
See La. R.S. 23:231(D)
The secretary may institute civil proceedings in the Nineteenth Judicial District Court to enforce the secretary's child-labor rulings.
The secretary may institute civil proceedings in the Nineteenth Judicial District Court to enforce his rulings.
See La. R.S. 23:231(E)
The secretary may seek injunctive relief in the Nineteenth Judicial District Court to restrain violations of the child-labor Part or its rules.
The secretary may institute civil proceedings in the Nineteenth Judicial District Court seeking injunctive relief to restrain and prevent violations of the provisions of this Part or of the rules and regulations adopted under the provisions of this Part.
See La. R.S. 23:231(F)