Louisiana Minimum Wage: Current Rate & Scheduled Increases

The Fair Labor Standards Act (FLSA), codified at 29 U.S.C. § 206, establishes the federal minimum wage at $7.25 per hour. This rate has remained unchanged since 2009. The FLSA applies to employers engaged in commerce or in the production of goods for commerce, with limited exceptions for small businesses (those with annual gross volume of sales or business of less than $500,000). The law covers all employees who are not otherwise exempt under specific categories (executive, administrative, professional, computer, and outside sales employees).

The Department of Labor's Wage and Hour Division enforces the FLSA minimum wage requirement. Covered employers must pay all non-exempt employees at least the federal minimum wage for all hours worked, including overtime hours (which are compensated at a higher rate under the FLSA overtime rule). The FLSA also permits a subminimum wage of $2.13 per hour for tipped employees in establishments where employees customarily and regularly receive tips, provided that tips plus wages equal at least $7.25 per hour; if tips do not reach this threshold, the employer must make up the difference.

Remedies for FLSA violations include back wages, liquidated damages equal to the back wages owed, and in cases of willful violations, extension of the statute of limitations. The Wage and Hour Division can investigate complaints, issue penalties, and seek court orders for wage restitution. Employees may also bring private lawsuits under the FLSA to recover unpaid minimum wage, liquidated damages, and reasonable attorney's fees.

Louisiana has not enacted a state minimum wage law that exceeds the federal minimum wage. Under La. Rev. Stat. § 23:642, Louisiana incorporates the federal minimum wage requirement by reference, meaning employers must comply with the Fair Labor Standards Act minimum wage of $7.25 per hour. Because the state has chosen not to establish its own higher floor, the federal minimum wage applies uniformly throughout Louisiana.

This approach means Louisiana employers are not required to pay more than the federal minimum in any circumstance. The state does not provide stronger protections than the federal law in the minimum wage context. However, Louisiana law does mirror federal tipped wage rules under La. Rev. Stat. § 23:643, permitting the $2.13 subminimum wage for tipped employees with the same credits and restoration requirements as federal law.

Coverage under Louisiana law is essentially identical to federal FLSA coverage. Employers subject to the FLSA are subject to Louisiana's minimum wage statute. The Louisiana Department of Labor enforces state minimum wage compliance alongside federal enforcement by the Wage and Hour Division. Notably, Louisiana has no unique state-specific categories of covered or exempt employees; the state defers entirely to federal FLSA exemption rules.

Remedies available under Louisiana law for minimum wage violations include recovery of unpaid wages and may include civil penalties under state wage and hour statutes. Employees can file complaints with the Louisiana Department of Labor or pursue civil action. The state does not impose additional penalties beyond federal remedies, but state court litigation may provide an alternative or supplement to federal court claims.

Several important exceptions apply to Louisiana minimum wage requirements. Federal FLSA exemptions apply, including the executive exemption (for employees whose primary duty is management, earning at least $684 per week on a salary basis), the administrative exemption (for employees whose primary duty involves office work and discretionary judgment), the professional exemption (for employees with advanced education and specialized knowledge in arts, sciences, or other fields), the computer employee exemption, and the outside sales exemption.

Additional federal categories exempt from minimum wage requirements include certain agricultural workers, seasonal employees in certain industries, workers with disabilities employed under special certificates, and interns in specific circumstances. These exemptions are fact-dependent and based on job duties and compensation, not job title alone.

Small businesses with fewer than $500,000 in annual gross volume of sales may be exempt from FLSA coverage entirely, though this exemption is narrowly construed and rarely applied. Specific industries like family farms, domestic service workers in private households, and certain amusement or recreational establishments may have limited FLSA coverage.

Tipped employees represent a partial exception: while they may be paid $2.13 per hour, this applies only in establishments where employees customarily and regularly receive tips. The employer must ensure tips plus wages equal at least $7.25 per hour; if tips fall short, the employer must make up the difference (tip credit restoration). Employees in roles that do not typically generate tips cannot be paid the subminimum wage, even in a tipping establishment.

Step 1 — Document the violation. Keep detailed records of all hours worked, including start and end times, break periods, and daily wage calculations. Save all pay stubs and compare them to actual hours worked. Create a document summarizing the dates you were underpaid, the hours worked, the wage you received, and the wage you should have received under Louisiana's $7.25 minimum wage. Take screenshots or photographs of timekeeping systems, emails about pay rates, and any written communications about compensation. Record the names and contact information of witnesses who can confirm your hours or the pay discrepancy.

Step 2 — Attempt an internal complaint if practical. Inform your employer in writing (email is sufficient) of the minimum wage violation, specifying the dates and amounts underpaid. Keep a copy of this communication. Some employers will correct the violation promptly; document any response or lack thereof. If the employer makes corrections, confirm in writing that the underpayment has been remedied. If the employer denies the violation, dismisses your complaint, or retaliates, proceed to Step 3. Internal complaints are not required before filing with an agency, but they create evidence of the employer's knowledge and may support a claim for damages.

Step 3 — File a complaint with the Louisiana Department of Labor or the U.S. Department of Labor Wage and Hour Division. For the Louisiana Department of Labor, visit www.ldol.state.la.us or call the main line at (225) 342-3111 to locate the appropriate office for wage claims. For the federal Wage and Hour Division, visit www.dol.gov/agencies/whd or call 1-866-4-USWAGE (1-866-487-9243). You will need to provide your name, contact information, employer name and address, dates of employment, description of the violation (that you were paid less than $7.25 per hour), and the amount you believe you are owed. The deadline to file is generally two years from the violation (three years if the violation was willful). Provide all documentation from Step 1 with your complaint.

Step 4 — Understand the investigation process. The agency will contact your employer and request wage and hour records, timekeeping documentation, and payroll information. The investigator will compare what the employer reports to your complaint. The process typically takes 30 to 60 days, though complex cases may take longer. You may be asked to provide additional information or testimony. The agency will determine whether a violation occurred and, if so, the amount of back wages owed. If the employer was acting in bad faith or the violation was willful, penalties and liquidated damages may be assessed. You will receive written notification of the agency's findings.

Step 5 — Consult an attorney if the violation is substantial or the employer retaliates. A Louisiana employment law attorney can review your case for free or on contingency (payment only if you win). An attorney is especially valuable if you face retaliation, if the underpayment spans many pay periods, or if the employer disputes the violation. An employment attorney can also pursue a private lawsuit under the FLSA in federal court if agency remedies are insufficient, potentially recovering liquidated damages (double the back wages) and attorney's fees. Contact the Louisiana State Bar Association Lawyer Referral Service at (800) 947-1546 or visit www.lsba.org.