Unpaid Wages in Louisiana: How to Recover What You Are Owed

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes the federal minimum wage and overtime protections for covered employees. The law applies to employers engaged in commerce with gross sales of at least $500,000 annually, as well as hospitals, schools, and government agencies regardless of revenue. The FLSA prohibits employers from withholding earned wages, requires payment of at least the federal minimum wage ($7.25 per hour), and mandates overtime pay of one and one-half times the regular rate for hours worked over 40 in a workweek for non-exempt employees.

Under the FLSA, employees can file a complaint with the U.S. Department of Labor Wage and Hour Division or sue their employer directly in federal or state court. The statute of limitations is three years for willful violations and two years for non-willful violations. Remedies available under the FLSA include unpaid minimum wages or overtime, liquidated damages equal to the unpaid wages, attorney fees, and court costs. The Wage and Hour Division investigates complaints and can conduct audits of employer wage records.

The FLSA covers most private-sector employers, but contains exemptions for certain employees in bona fide executive, administrative, or professional positions, as well as outside salespersons and certain computer professionals. Agricultural workers have limited protections under the FLSA, though Louisiana state law may provide broader coverage.

Louisiana law provides robust protections for unpaid wages under La. R.S. 23:631, which establishes that every employer must pay to each employee all wages due for labor performed. This state statute applies to all employers in Louisiana with one or more employee, making it broader than federal law in terms of employer coverage. Louisiana's law covers all employees regardless of salary level or job classification, with fewer exemptions than the federal FLSA.

Louisiana law is substantially similar to federal law in its core prohibition on wage theft, but provides distinct procedural advantages. Under La. R.S. 23:632, employers are prohibited from making any deduction from wages except those required by law (federal or state withholding taxes, court-ordered garnishments) or those expressly authorized in writing by the employee. Unlawful deductions include charges for uniforms, equipment, cash register shortages, customer walkouts, or damage to employer property.

The key state-specific strength is that Louisiana does not require the $500,000 revenue threshold for FLSA coverage; all employers are subject to state wage and hour law. Additionally, La. R.S. 23:661 provides civil remedies including recovery of unpaid wages, liquidated damages equal to the amount of unpaid wages, plus reasonable attorney fees and court costs. Unlike some states, Louisiana does not cap the amount of liquidated damages available.

Under state law, the statute of limitations for filing a wage claim is one year from the date the wages were due. However, employees may also pursue claims under the federal FLSA, which allows three years for willful violations. Louisiana law also prohibits retaliation against employees who file wage complaints or participate in wage investigations, though the protections are not as detailed as some other states' anti-retaliation statutes.

Louisiana law provides limited exceptions to the wage payment requirement. Employers may legally deduct wages only for items required by law (such as federal income tax withholding, Social Security tax, Medicare tax, state income tax, and child support garnishments) or deductions expressly authorized in writing by the employee, such as contributions to a 401(k) plan, health insurance premiums, or union dues.

Employers cannot lawfully deduct from wages for: uniforms or equipment costs, customer walkouts or refunds, cash register shortages or till overages, breakage or damage to employer property (unless caused by gross negligence or willful misconduct), meal or rest period violations, or training costs. If an employer makes an unlawful deduction that reduces the employee's pay below minimum wage, the employee has a strong wage claim.

The independent contractor classification is a significant exception; true independent contractors are not covered by wage and hour laws. However, Louisiana courts apply a strict test to determine contractor status, and misclassification is common. Employees in executive, administrative, and professional positions may be exempt from overtime under the FLSA if they meet the federal duties and salary tests, though Louisiana law provides less detail on these exemptions.

Wage claims filed more than one year after the wages were due are barred under state law, though federal FLSA claims may still be timely if within the three-year federal period. Wage claims arising from employment disputes that include other legal claims (like discrimination or retaliation) may be subject to arbitration clauses in employment agreements, though Louisiana courts have invalidated some overly broad arbitration provisions. Union employees covered by a collective bargaining agreement may be required to pursue wage claims through the union grievance and arbitration process first.

Step 1 — Document Your Unpaid Wages: Keep detailed records of all hours worked, including dates, times, and amounts paid. Save pay stubs, timecards, email communications about payment, bank deposit records, and any written agreements about compensation. If your employer has not provided pay stubs, Louisiana law requires them to do so; the absence of documentation strengthens your claim. Take screenshots of electronic timekeeping systems and note any pattern of late or missing payments. Create a spreadsheet listing each date wages were due, the amount owed, and the date they were (or were not) paid.

Step 2 — Make an Internal Complaint: Request payment in writing from your employer or manager. Send an email or letter stating the specific amount owed, the dates it covers, and a deadline for payment (typically 10 business days). Keep a copy for your records. Explain that failure to pay will result in a wage complaint to the Louisiana Department of Labor. This creates evidence that you gave the employer notice and an opportunity to resolve the issue. In many cases, employers will pay when formally confronted. If the employer refuses or ignores your request, document that refusal in writing.

Step 3 — File a Complaint with the Louisiana Department of Labor: Contact the Louisiana Department of Labor, Wage and Hour Division, at 225-342-3111 or visit www.ldol.gov. You may file a complaint online, by phone, or by mail at 1001 America Street, Baton Rouge, LA 70801. Provide your name, address, phone number, employer name and address, dates the wages were due, total amount owed, and a detailed explanation of what happened. Include copies of pay stubs, timecards, and your written request for payment. The Department of Labor does not charge a fee. There is no strict filing deadline with the Department of Labor, but the one-year statute of limitations under La. R.S. 23:631 applies if you later file a civil lawsuit.

Step 4 — Understand the Investigation Process: Once you file, the Department of Labor's Wage and Hour Division will contact your employer to investigate. The investigation typically takes 30-90 days, though complex cases may take longer. The investigator may request copies of your employment records, payroll documents, and timecards. You may be asked to provide additional information or testimony. The employer will be given an opportunity to respond to the complaint. If the investigation confirms unpaid wages, the Department of Labor will issue a determination stating the amount due. The employer can appeal the determination. Note that the Department of Labor cannot award damages; it only determines if wages are owed.

Step 5 — Consider Filing a Civil Lawsuit: If the Department of Labor determination is not paid, or if you want to pursue additional remedies (liquidated damages and attorney fees), you can file a civil lawsuit in Louisiana district court. You do not need to exhaust the Department of Labor process first; you can proceed directly to court if you prefer. Consult an employment law attorney at least 6 months before the one-year statute of limitations expires. An attorney will review your records, advise you on the strength of your claim, and explain your options. Many employment lawyers work on a contingency basis for unpaid wage cases, meaning they take a percentage of the recovery rather than an hourly fee. File your lawsuit in the district court for the parish (county) where you worked or where your employer is located, or request a federal court claim under the FLSA if also applicable. Your attorney will file a complaint alleging unpaid wages and demand trial.