Final Paycheck Demand and Wage Claim — Louisiana

Final Paycheck Demand and Wage Claim (Louisiana)

This template combines (A) the statutorily required written demand under La. R.S. § 23:632 — which is a prerequisite for recovering attorney fees — and (B) a guide to enforcement in Louisiana state court, including summary proceedings under La. C.C.P. Art. 2592, plus federal FLSA filing for minimum-wage and overtime components.

Civil-Law Overlay. Louisiana is the only state that follows the civil-law tradition. Louisiana Civil Code articles (particularly prescription under La. Civ. Code Art. 3494) and the Louisiana Code of Civil Procedure (particularly the summary-proceedings provisions of La. C.C.P. Art. 2592) supply procedural and substantive rules that have no exact common-law analog. The Louisiana Wage Payment Act is strictly construed in favor of the employee. Carriere v. Pee Wee's Equip. Co., 364 So. 2d 555 (La. 1978).

Quick-Reference Summary

Part A — Demand Letter to Former Employer

Date: [__/__/____]

Sender (Employee/Claimant):

Recipient (Employer):

Method of Delivery (check all that apply):

☐ U.S. Certified Mail, Return Receipt Requested — Tracking No. [________________________________]
☐ Email to: [________________________________] (with read receipt)
☐ Hand delivery — Received by: [________________________________] on [__/__/____]
☐ Commercial courier (FedEx / UPS) — Tracking No. [________________________________]

Re: FORMAL WRITTEN DEMAND FOR PAYMENT OF UNPAID WAGES — LOUISIANA WAGE PAYMENT ACT, La. R.S. §§ 23:631–23:638

Dear [________________________________]:

I, [________________________________] ("Claimant"), hereby make formal written demand upon [________________________________] ("Employer") for immediate payment of all wages, commissions, vacation pay, and other compensation earned and unpaid as of the date of my separation, pursuant to the Louisiana Wage Payment Act, La. R.S. §§ 23:631 through 23:638.

This letter constitutes the "first demand" required by La. R.S. § 23:632(B). The three-day waiting period for filing a well-founded suit for attorney fees begins on the date this letter is received.

1. Employment Facts

2. Wages and Compensation Owed

3. Penalty Wages Under La. R.S. § 23:632(A)

Penalty wages equal the lesser of:

• (a) 90 days' wages at the Claimant's daily rate of pay; OR
• (b) Full wages from the date of this demand until the Employer pays or tenders the unpaid wages.

Penalty Worksheet:

4. Attorney Fees Under La. R.S. § 23:632(B)

Under § 23:632(B), reasonable attorney fees "shall be allowed" — i.e., mandatory — to a prevailing employee in a "well-founded suit" filed at least three (3) days after the first written demand. This letter satisfies that demand requirement. The three-day clock begins on the date this letter is received by the Employer (best evidence: USPS certified-mail return receipt).

5. Notice Under § 23:635 — Pay Undisputed Portion Immediately

If the Employer disputes any portion of the amount demanded, the Employer must nevertheless pay the undisputed portion within the time limits of § 23:631. Failure to pay even the undisputed portion deprives the Employer of any "good faith dispute" defense under § 23:632(C). Beard v. Summit Inst. for Pulmonary Med. & Rehab., 97-1784 (La. 3/4/98), 707 So. 2d 1233.

6. Notice Under § 23:634 — Wage-Forfeiture Clauses Are Null

Any provision in any employment agreement, handbook, or commission plan that purports to require the Claimant to forfeit earned wages, commissions, bonuses, or vacation upon discharge is null and void under La. R.S. § 23:634. The Employer may not invoke such a provision to withhold any portion of the amount demanded.

7. Demand and Deadline

Full payment of $[________] must be received by the Claimant on or before [__/__/____] (ten (10) calendar days from the date of this letter). Penalty wages under § 23:632(A) continue to accrue from the date of this demand until tender.

Acceptable payment forms:

☐ Cashier's/certified check payable to: [________________________________]
☐ ACH/direct deposit to the same account used during employment
☐ Wire transfer (Claimant will provide instructions on request)

8. Litigation Hold

Preserve all records relating to Claimant's employment, including pay stubs, payroll registers, time records, employment agreement, offer letter, commission and bonus plans, employee handbook, vacation/PTO ledgers, separation documents, deduction records, and all electronic communications (email, text, Slack/Teams) regarding compensation.

9. Reservation of Rights

The Claimant reserves all rights and remedies under the Louisiana Wage Payment Act, the Louisiana Civil Code, the Louisiana Code of Civil Procedure (including summary proceedings under La. C.C.P. Art. 2592), and the Fair Labor Standards Act (29 U.S.C. § 216(b), including liquidated damages and attorney fees for federal minimum-wage and overtime violations).

Respectfully,

________________________________________
[________________________________], Claimant

Attorney for Claimant (if any): [________________________________], Louisiana Bar Roll # [________]

Part B — Wage-Claim Enforcement in Louisiana

Key point: Louisiana does not operate a state administrative wage-claim adjudication program comparable to those in Colorado, Minnesota, or California. The Louisiana Workforce Commission ("LWC") handles unemployment insurance, workers' compensation, and labor-market services, but it does not investigate adult final-paycheck disputes. Enforcement is principally by private civil action — frequently by summary proceeding for speed.

B-1. Louisiana State Court — Primary Track

Summary proceedings. La. C.C.P. Art. 2592 expressly authorizes summary proceedings for "the enforcement of legal rights and the recovery of money due an employee for services rendered." This is a significant procedural advantage: shortened delays, expedited hearing, and faster judgment than ordinary proceedings.

Causes of action to plead:

• La. R.S. § 23:631 (final-pay timing violation)
• La. R.S. § 23:632 (90-day penalty wages + mandatory attorney fees)
• La. R.S. § 23:634 (nullity of wage-forfeiture clauses, if applicable)
• La. R.S. § 23:635 (failure to pay undisputed amount, if applicable)
• La. R.S. § 23:636 (commissions, if applicable)
• La. R.S. § 23:637 (vacation pay, if applicable)
• 29 U.S.C. § 216(b) (FLSA minimum wage / OT, if applicable; concurrent jurisdiction)
• Breach of contract under La. Civ. Code Arts. 1994–2004 (alternative theory)
• Detrimental reliance / promissory estoppel under La. Civ. Code Art. 1967 (alternative theory)

Venue. Under La. C.C.P. Art. 74.4 and § 23:631(D), wage suits may generally be brought (i) where the employer's domicile is located, (ii) where the employee was hired, (iii) where the work was performed, or (iv) where the employer maintains a registered agent.

B-2. Federal Wage and Hour Filing — FLSA Components

B-3. Louisiana Workforce Commission — Limited Role

The LWC does not adjudicate Louisiana Wage Payment Act claims for adult workers. The LWC may, however, be relevant for:

• Unemployment insurance claims (https://www.laworks.net/UnemploymentInsurance/)
• Child-labor complaints (La. R.S. § 23:151 et seq.)
• Workers' compensation matters (https://www.laworks.net/WorkersComp/)

For adult unpaid-wage matters, the LWC will typically refer the worker to a private attorney or to a parish court self-help center.

B-4. Items to Preserve

☐ Copy of the Part A demand letter and proof of delivery (USPS green card mandatory for "received date")
☐ Pay stubs (entire claim period; 3-year reach-back under La. Civ. Code Art. 3494)
☐ Personal time records (calendars, app exports, screenshots)
☐ Offer letter / employment agreement
☐ Commission or bonus plan documents
☐ Employee handbook (vacation, PTO, final-pay, deduction sections)
☐ Termination/resignation letter
☐ Bank statements showing direct-deposit history
☐ W-2s and 1099s
☐ Any "forfeiture" clauses (preserve to invoke § 23:634 nullity)
☐ Records of prior demands or oral requests for payment
☐ Witness contact information (co-workers who can verify hours, promised pay, employer statements)

Part C — Pre-Send Checklist

☐ Confirmed correct legal employer name on Louisiana Secretary of State commercial database (https://coraweb.sos.la.gov/CommercialSearch/CommercialSearch.aspx)
☐ Identified the parish of employment for venue purposes
☐ Calculated the daily rate of pay carefully (hourly rate × normal hours/day for hourly; annual salary ÷ working days for salaried)
☐ Computed both penalty-wage options ((a) 90 days × daily rate; (b) days from demand × daily rate) and stated the lesser as required by § 23:632(A)
☐ Identified each category under § 23:631(B): wages, overtime, commissions, bonuses, vacation
☐ Reviewed employee handbook and any commission plan for written vacation/commission terms
☐ Identified any wage-forfeiture clauses to invoke § 23:634 nullity
☐ Reviewed for any "good faith dispute" facts the employer may invoke under § 23:632(C); flagged absence of articulated dispute as evidence of bad faith
☐ Confirmed the three-year prescription under La. Civ. Code Art. 3494 covers each pay period claimed
☐ Calendared the three-day waiting period before filing suit for attorney fees
☐ Calendared anticipated date of suit to maximize the second-prong penalty calculation
☐ Saved date-stamped copy of demand letter and certified-mail receipt (critical for "date demand received")
☐ Reviewed by Louisiana-licensed counsel before sending (recommended; civil-law tradition counsels professional involvement)
☐ Considered concurrent FLSA filing for federal minimum-wage / overtime components

Sources and References

1. La. R.S. § 23:631 (Discharge or resignation; payment after termination): https://www.legis.la.gov/legis/Law.aspx?d=83945
2. La. R.S. § 23:632 (Liability for failure to pay; attorney fees): https://www.legis.la.gov/legis/Law.aspx?d=83947
3. La. R.S. § 23:634 (Contract forfeiting wages unlawful): https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-634/
4. La. R.S. § 23:635 (Disputes as to amount due): https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-635/
5. La. R.S. § 23:636 (Payment of commissions): https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-636/
6. La. R.S. § 23:637 (Vacation pay): https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-637/
7. La. R.S. § 23:642 (Local minimum-wage preemption): https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-642/
8. La. C.C.P. Art. 2592 (Summary proceedings): https://www.legis.la.gov/legis/Law.aspx?d=111752
9. La. Civ. Code Art. 3494 (Three-year prescription for wage claims): https://www.legis.la.gov/legis/Law.aspx?d=110076
10. Becht v. Morgan Bldg. & Spas, Inc., 2002-2047 (La. 4/23/03), 843 So. 2d 1109 (lesser-of penalty wage calculation).
11. Beard v. Summit Inst. for Pulmonary Med. & Rehab., 97-1784 (La. 3/4/98), 707 So. 2d 1233 (good-faith dispute standard).
12. Carriere v. Pee Wee's Equip. Co., 364 So. 2d 555 (La. 1978) (LWPA strictly construed in favor of employee).
13. Louisiana Workforce Commission: https://www.laworks.net/
14. U.S. DOL Wage and Hour Division: https://www.dol.gov/agencies/whd
15. WHD New Orleans / Baton Rouge offices: https://www.dol.gov/agencies/whd/contact/local-offices
16. Louisiana Secretary of State business search: https://coraweb.sos.la.gov/CommercialSearch/CommercialSearch.aspx
17. Law Library of Louisiana — Unpaid wages guide: https://lasc.libguides.com/c.php?g=944129&p=6805509

Template prepared for ezel.ai. Not legal advice. Consult Louisiana-licensed counsel before use. Louisiana's civil-law tradition and the absence of an administrative wage-claim remedy make professional counsel particularly valuable.