Filing a Wage and Hour Claim – Louisiana

1. Does Louisiana have state overtime laws that are different from federal law?

Louisiana does not have overtime laws that are different from federal overtime law.

2. Does Louisiana have a minimum wage that is different from federal law?

Louisiana does not have any laws establishing a state minimum wage. Therefore, the federal minimum wage applies, which is $7.25 per hour. Restaurant employees who receive tips are entitled to a wage of at least $2.13 per hour, and more if their tips don’t equal at least federal minimum wage. Employers can claim a tip credit in the amount that bring an employee’s total earnings up to the federal or state minimum wage.

3. Does Louisiana have meal and rest break requirements, unlike federal law?

Louisiana does not have any meal or rest break requirements for employees aged 18 or older. However, Louisiana requires that employees younger than 18 must be given a 30-minute break if they are employed five or more hours in a day.

4. How do I file a wage/hour or labor standards claim in Louisiana?

You cannot file a wage/hour or labor standards claim in Louisiana unless you have worked and not received your pay. Louisiana employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 15 days from the date of their discharge or termination. Wages include vacation time earned by the employee. An employee should send a written demand for payment of their final wages to their employer. After receipt of a written demand, the employer must pay all wages owed to the employee on a timely basis or be subject to a penalty that may be imposed by a court. Claims against an employer for late payment may be filed by way of a private lawsuit. The Louisiana Department of Labor does not have the authority to enforce this law. See the Louisiana website for more information.

5. What are my time deadlines for filing a wage claim?

If you have a wage/hour complaint, do not delay in contacting an attorney. There are strict time limits in which federal wage claims must be filed.