How to recover unpaid wages or a withheld final paycheck in Louisiana
Under Louisiana law, employers generally must pay wages due at termination by the next regular payday or within 15 days, whichever is first. If an employer fails to pay, employees may seek the unpaid wages, potential penalty wages, and attorney fees through a district court action or other remedies allowed by statute. Courts may reduce penalties when an employer had a reasonable, good faith dispute about the amount owed.
The law limits how far back a claim can go and sets procedures and venues for cases. Many claims are handled by suing in the parish where the work was performed or by following statutory notice and filing requirements before or instead of court action.
Current Louisiana law
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The deadline that matters
An action must generally be filed within one year from when the employee knew or should have known of the employer's violation, subject to statutory tolling periods under La. Rev. Stat. § 23:667.
What Louisiana law says
Payment at termination: Employers must pay wages due on or before the next regular payday or no later than 15 days after discharge or resignation under La. Rev. Stat. § 23:631. If an employer fails to pay, the employer may be liable for penalty wages and reasonable attorney fees under La. Rev. Stat. § 23:632 and for unpaid wages and fees under La. Rev. Stat. § 23:666. Venue for suits for past wages includes the district court of the parish where the work was performed under La. Rev. Stat. § 23:639. The time to file an action in the Nineteenth Judicial District Court generally must begin within one year from when the employee knew or should have known of the violation, with certain tolling rules, under La. Rev. Stat. § 23:667. Wages earned but unpaid may also be treated as wages paid for certain administrative benefit determinations under La. Rev. Stat. § 23:1598. Case law recognizes courts may award attorney fees and may excuse penalty wages when an employer had a good faith dispute about the amount due, while arbitrary or negligent nonpayment can produce penalties, see Carriere v. Pee Wee's Equipment Co., Carriere v. Pee Wee's Equipment Co., 364 So. 2d 555, 23 Wage & Hour Cas. (BNA) 1279 (La. 1978) and Becht v. Morgan Building & Spas, Inc., Becht v. Morgan Building & Spas, Inc., 843 So. 2d 1109 (La. 2003).
What to do
A common first step is to send a written demand for the unpaid wages to the employer, stating the amount and pay periods involved.
A common next step is to allow the employer the statutory response period and, if unpaid, consider filing a wage-claim or civil suit in the district court of the parish where the work was performed as permitted by La. Rev. Stat. § 23:639.
A common option is to document hours, pay stubs, and communications, because unpaid wages, penalty wages, and attorney fees may be sought under La. Rev. Stat. § 23:632 and La. Rev. Stat. § 23:666.
A common alternative is to use an administrative claim or benefit determination where unpaid wages are treated as wages paid for certain benefits under La. Rev. Stat. § 23:1598.
A common concurrent step is to consider sending a formal demand letter and filing a state wage-claim as the next procedural steps.
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Common questions
When must an employer pay my final paycheck?
The employer generally must pay on or before the next regular payday or within 15 days after discharge or resignation under La. Rev. Stat. § 23:631.
Can I get extra money if my employer willfully withheld wages?
If an employer fails to pay, statutes allow recovery of unpaid wages and may impose penalty wages and attorney fees; courts may limit penalties when the employer had a good faith dispute, under La. Rev. Stat. § 23:632 and La. Rev. Stat. § 23:666.
Where do I file a suit for unpaid wages?
Suits for past wages may be brought in the district court of the parish where the work was performed, among other appropriate venues, under La. Rev. Stat. § 23:639.
How long do I have to file a claim?
An action generally must be commenced within one year from when the employee knew or should have known of the employer's violation, with certain tolling rules, under La. Rev. Stat. § 23:667.
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