Final Paycheck Deadlines in Louisiana
At a glance
| Governing law | La. R.S. 23:631 sets final-pay timing and covered compensation; § 23:632 sets penalty wages and fees; § 23:634 bars contractual forfeiture of earned wages |
|---|---|
| Deadline if fired or laid off | Next regular payday or within 15 days after discharge, whichever comes first (§ 23:631(A)(1)(a)); a collective bargaining agreement may provide otherwise (§ 23:631(A)(3)) |
| Deadline if the employee quits | Next regular payday for the pay cycle the employee worked at separation or within 15 days after resignation, whichever comes first (§ 23:631(A)(1)(b)); collective bargaining agreement may provide otherwise (§ 23:631(A)(3)) |
| Unused vacation/PTO payout required? | Due if the stated vacation policy made the employee eligible for accrued, unused paid time; vacation actually earned under the policy cannot be forfeited (§ 23:631(D)) |
| How final pay must be delivered | Customary place and manner, or prepaid U.S. mail to the current address in employer records; mailed payment is deemed made when mailed (§ 23:631(A)(2)) |
| Penalty for a late or unpaid final check | Lesser of 90 days' wages or full wages from demand until payment/tender (§ 23:632(A)); good-faith amount dispute found by court limits liability to disputed wages plus interest (§ 23:632(B)) |
| How to enforce it | Employee may bring a wage action using Code of Civil Procedure art. 2592 (§ 23:631(B)); reasonable attorney's fees in a well-founded suit filed more than three days after first demand (§ 23:632(C)); undisputed wages must be paid on time despite a dispute (§ 23:631(B)) |
| Exceptions and special rules | Collective bargaining agreement may alter subsection A deadlines (§ 23:631(A)(3)); rail carriers exclude legal holidays from the 15-day count (§ 23:631(C)); earned commissions/bonuses follow the written-policy conditions and some periodic bonuses have up to 120 days for calculation (§ 23:631(E)); partnership-taxed profits interests excluded (§ 23:631(F)) |
Requirements one by one
Deadline after discharge or resignation
La. R.S. 23:631(A)(1)(a) requires payment by the next regular payday or 15 days after discharge, whichever comes first. Subsection (b) uses the same test after resignation, keyed to the pay cycle in which the employee worked at separation. Under § 23:631(A)(3), a collective bargaining agreement may provide a different rule for subsection A.
Vacation and other compensation
Under La. R.S. 23:631(D), vacation is due if the employer's stated policy made the employee eligible for accrued paid time that remains unused or unpaid. The same subsection says this cannot forfeit vacation actually earned under that policy. Section 23:631(E) makes commissions, incentives, and bonuses due when earned under a written policy; a periodic bonus may take up to 120 calendar days after the period ends to calculate. Section 23:631(F) excludes qualifying partnership-taxed profits interests.
Payment and disputed amounts
La. R.S. 23:631(A)(2) requires the customary place and manner of payment but allows prepaid mail to the current address in employer records. Mailing counts as payment when sent, and an official postmark or postal documentation can show timeliness. If the amount is disputed, § 23:631(B) requires the employer to pay the undisputed portion on time.
Penalty and action
La. R.S. 23:632(A) measures penalty wages as the lesser of 90 days' pay or wages from demand until payment or tender. Under subsection (B), a court finding a good-faith amount dispute limits liability to the disputed wages plus judicial interest from suit; a bad-faith refusal triggers the penalty. Subsection (C) allows reasonable attorney's fees for a well-founded suit filed more than three days after the first demand. Section 23:631(B) authorizes an employee action under Code of Civil Procedure art. 2592.
Other special rules
Under La. R.S. 23:631(C), interstate rail common carriers exclude legal holidays when computing the 15-day period. Section 23:634(A) bars contracts that forfeit wages actually earned because employment ends; subsection (B) states a narrow preemployment examination or drug-test cost exception for qualifying employees who resign within 90 working days.
What trips people up
The 15-day limit in La. R.S. § 23:631(A)(1) is an outside limit when the regular payday would come later. The separate collective bargaining clause in subsection (A)(3) can replace that timing.
Common questions
May the employer withhold the whole final check while one item is disputed? No. La. R.S. § 23:631(B) requires timely payment of the undisputed amount.
Does putting the check in the mail count as payment? Yes, if the mailing meets § 23:631(A)(2)'s prepaid-postage and recorded-address conditions; the statute deems payment made when mailed.
Statutes and sources
The quoted R.S. sections link to the Louisiana Legislature's current official pages, accessed October 6, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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