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
| Item | Louisiana Rule | Citation |
|---|---|---|
| Final wages due — discharge OR resignation | On or before the next regular payday OR within 15 days of separation, whichever occurs first | La. R.S. § 23:631(A)(1)(a)–(b) |
| Amount then due | Wages due under the terms of employment; vacation and variable compensation are governed by the specific rules below | La. R.S. § 23:631(A), (D), (E) |
| Commissions / incentive pay / bonuses | Included when earned and not modified under a governing written policy; periodic bonus calculation may take a reasonable period up to 120 days after the measurement period | La. R.S. § 23:631(E) |
| Vacation pay | Included when eligible and accrued under the stated policy and not used or paid; actually earned vacation may not be forfeited | La. R.S. § 23:631(D) |
| Wage-forfeiture contracts | Null and void | La. R.S. § 23:634 |
| Disputed amount | Employer MUST pay undisputed portion by the § 23:631 deadline; right to sue for balance preserved | La. R.S. § 23:631(B) |
| Penalty wages | Lesser of (a) 90 days' wages at employee's daily rate of pay, OR (b) full wages from date of demand until employer pays | La. R.S. § 23:632(A) |
| Attorney fees | Mandatory ("shall be allowed") in a "well-founded suit" filed after the three-day waiting period from first demand | La. R.S. § 23:632(C) |
| Good-faith dispute defense | If court finds employer's dispute was in good faith, employer liable only for amount in dispute + judicial interest from date of suit | La. R.S. § 23:632(B); Beard v. Summit Inst., 707 So. 2d 1233 (La. 1998) |
| Three-day waiting period | Suit seeking statutory attorney fees is filed after three (3) days have elapsed from the first demand | La. R.S. § 23:632(C) |
| Prescription (statute of limitations) | 3 years from date wages became due | La. Civ. Code Art. 3494(1) |
| State minimum wage | None — federal $7.25/hour applies; local minimum wages preempted | La. R.S. § 23:642; 29 U.S.C. § 206 |
| State overtime law | None — FLSA applies | 29 U.S.C. § 207 |
| State wage-claim agency | None — no LWC adult wage-claim adjudication program | https://www.laworks.net/ |
| Procedural advantage | Summary proceedings available — expedited hearing | La. C.C.P. Art. 2592 |
| Civil-law character | Strict construction in favor of employee | Carriere v. Pee Wee's Equip. Co., 364 So. 2d 555 (La. 1978) |
Part A — Demand Letter to Former Employer
Date: [__/__/____]
Sender (Employee/Claimant):
| Field | Value |
|---|---|
| Full Legal Name | [________________________________] |
| Mailing Address | [________________________________] |
| City, State, ZIP | [________________________________] |
| Parish of Residence | [________________________________] |
| Telephone | [________________________________] |
| [________________________________] | |
| Last Four of SSN | XXX-XX-[____] |
Recipient (Employer):
| Field | Value |
|---|---|
| Legal Entity Name | [________________________________] |
| Trade/DBA Name | [________________________________] |
| Registered Agent (LA Secretary of State) | [________________________________] |
| Mailing Address | [________________________________] |
| City, State, ZIP | [________________________________] |
| Parish | [________________________________] |
| Attention | [________________________________] |
| [________________________________] | |
| LA SOS Charter # | [________________________________] |
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 is intended to constitute the "first demand" addressed by La. R.S. § 23:632(C). The statute measures three days from the time of making the first demand; document the demand date, method, and receipt and have counsel determine the filing date.
1. Employment Facts
| Field | Value |
|---|---|
| Position/Title | [________________________________] |
| Work Location (parish) | [________________________________] |
| Dates of Employment | [__/__/____] through [__/__/____] |
| Rate of Pay at Separation | $[________] per ☐ hour ☐ week ☐ month ☐ year |
| Daily Rate of Pay (for 90-day penalty) | $[________] |
| Regular Payday Schedule | ☐ Weekly ☐ Bi-weekly ☐ Semi-monthly ☐ Monthly |
| Nature of Separation | ☐ Discharge ☐ Layoff ☐ Resignation ☐ End of contract ☐ Constructive discharge |
| Date of Separation | [__/__/____] |
| Next Regular Payday After Separation | [__/__/____] |
| Fifteen (15) Days After Separation | [__/__/____] |
| Statutory Deadline Under § 23:631 (earlier of the two) | [__/__/____] |
| Date of This First Demand | [__/__/____] |
2. Wages and Compensation Owed
| Category | Period(s) | Hours/Units | Rate | Amount | Citation |
|---|---|---|---|---|---|
| Unpaid regular wages | [________] | [____] | $[____] | $[________] | § 23:631 |
| Unpaid overtime (FLSA — Louisiana has no state OT) | [________] | [____] | $[____] | $[________] | 29 U.S.C. § 207 |
| Earned but unpaid commissions | [________] | N/A | per plan | $[________] | § 23:631(E) |
| Earned but unpaid bonuses | [________] | N/A | per plan | $[________] | § 23:631(E) |
| Accrued, unused vacation pay | [________] | [____] | $[____] | $[________] | § 23:631(D) |
| Unauthorized deductions (including any forfeiture clause) | [________] | N/A | N/A | $[________] | § 23:634 (null) |
| Minimum-wage shortfall (federal $7.25/hr) | [________] | [____] | $[____] | $[________] | 29 U.S.C. § 206 |
| Other: [________________________________] | [________] | [____] | $[____] | $[________] | |
| TOTAL WAGES DEMANDED | $[________] |
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:
| Component | Calculation | Amount |
|---|---|---|
| Daily rate of pay | $[________] | |
| Option (a): 90 × daily rate | 90 × $[________] | $[________] |
| Option (b): days from demand × daily rate | [____] × $[________] | $[________] |
| Penalty wages (lesser of (a) or (b)) | $[________] |
4. Attorney Fees Under La. R.S. § 23:632(C)
Under § 23:632(C), reasonable attorney fees "shall be allowed" in a "well-founded suit" filed after three (3) days have elapsed from the first demand following discharge or resignation. This letter is intended to satisfy that demand requirement; preserve proof of its date, method, and receipt and have counsel determine the filing date.
5. Notice Under § 23:631(B) — 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(B). The court separately applies the good-faith rule in § 23:632(B) to the disputed amount. 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
| Forum | Notes |
|---|---|
| Justice of the Peace Court | Claims up to $5,000 (subject to parish-by-parish variation); simplified procedure |
| City Court / Parish Court | Jurisdictional limits vary by court (typically $15,000–$50,000); intermediate procedural complexity |
| District Court | Court of general jurisdiction; no jurisdictional ceiling; summary proceedings available under La. C.C.P. Art. 2592 |
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. § 23:631(B) (failure to pay undisputed amount, if applicable)
- La. R.S. § 23:631(D) (vacation pay, if applicable)
- La. R.S. § 23:631(E) (commissions, incentive pay, or bonuses, 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. Review La. C.C.P. Art. 74.4 and other applicable venue rules with Louisiana counsel. Section 23:631(D) addresses vacation pay, not venue.
B-2. Federal Wage and Hour Filing — FLSA Components
| Item | Detail |
|---|---|
| Agency | U.S. Department of Labor — Wage and Hour Division (WHD) |
| Online complaint | https://webapps.dol.gov/contactwhd/ |
| WHD New Orleans Area Office | 600 South Maestri Place, Suite 1239, New Orleans, LA 70130 |
| WHD Baton Rouge Office | 5825 Florida Boulevard, Suite 1110, Baton Rouge, LA 70806 |
| Phone | 1-866-487-9243 (toll-free) |
| Statute of limitations | 2 years (3 if willful) under 29 U.S.C. § 255(a) |
| Cost | Free |
| Remedies | Back wages + liquidated damages equal to back wages + mandatory attorney fees (29 U.S.C. § 216(b)) |
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 wages under § 23:631(A), vacation under subsection (D), and commissions/incentive pay/bonuses under subsection (E)
☐ 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 relevant under § 23:632(B); preserved the employer's stated basis and the undisputed amount
☐ 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
- La. R.S. § 23:631 (Discharge or resignation; payment after termination): https://www.legis.la.gov/legis/Law.aspx?d=83945
- La. R.S. § 23:632 (Liability for failure to pay; attorney fees): https://www.legis.la.gov/legis/Law.aspx?d=83946
- La. R.S. § 23:634 (Contract forfeiting wages unlawful): https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-634/
- La. R.S. § 23:642 (Local minimum-wage preemption): https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-642/
- La. C.C.P. Art. 2592 (Summary proceedings): https://www.legis.la.gov/legis/Law.aspx?d=111752
- La. Civ. Code Art. 3494 (Three-year prescription for wage claims): https://www.legis.la.gov/legis/Law.aspx?d=110076
- Becht v. Morgan Bldg. & Spas, Inc., 2002-2047 (La. 4/23/03), 843 So. 2d 1109 (lesser-of penalty wage calculation).
- Beard v. Summit Inst. for Pulmonary Med. & Rehab., 97-1784 (La. 3/4/98), 707 So. 2d 1233 (good-faith dispute standard).
- Carriere v. Pee Wee's Equip. Co., 364 So. 2d 555 (La. 1978) (LWPA strictly construed in favor of employee).
- Louisiana Workforce Commission: https://www.laworks.net/
- U.S. DOL Wage and Hour Division: https://www.dol.gov/agencies/whd
- WHD New Orleans / Baton Rouge offices: https://www.dol.gov/agencies/whd/contact/local-offices
- Louisiana Secretary of State business search: https://coraweb.sos.la.gov/CommercialSearch/CommercialSearch.aspx
- 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.
About this template
- Last updated
- August 21, 2026
- Jurisdiction
- Louisiana
- Category
- Employment & HR
Legal authority
- Louisiana Wage Payment Act, La. R.S. §§ 23:631 to 23:638
- La. R.S. § 23:631 (Discharge or Resignation; Payment After Termination — Earlier of Next Regular Payday or 15 Days)
- La. R.S. § 23:632 (Liability of Employer for Failure to Pay; 90-Day Penalty Wages; Attorney Fees)
- La. R.S. § 23:633 (Payment Twice Monthly for Certain Occupations)
- La. R.S. § 23:634 (Contract Forfeiting Wages on Discharge Unlawful)
- La. R.S. § 23:631(B), (D), and (E) (Disputes, Vacation, Commissions, Incentive Pay, and Bonuses)
- La. R.S. § 23:642 (Local Minimum Wage Preemption)
- La. C.C.P. Art. 2592 (Summary Proceedings for Wage Claims)
- La. Civ. Code Art. 3494 (Three-Year Prescription for Wage Claims)
- Fair Labor Standards Act, 29 U.S.C. §§ 201–219
Employment documents govern the relationship between a company and its workers, from offer letters and employment agreements through handbooks, performance reviews, and separations. Done right, they set clear expectations, protect against wrongful termination and discrimination claims, and give both sides a record to rely on. Done poorly, they invite lawsuits, agency complaints, and costly disputes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
La. R.S. § 23:631(A)-(B) (checked August 21, 2026): "Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first. In the event of a dispute as to the amount due under this Section, the employer shall pay the undisputed portion of the amount due as provided for in Subsection A of this Section."
La. R.S. § 23:632(A)-(C) (checked August 21, 2026): "Any employer who fails or refuses to comply with the provisions of R.S. 23:631 shall be liable to the employee either for ninety days wages at the employee's daily rate of pay, or else for full wages from the time the employee's demand for payment is made until the employer shall pay or tender the amount of unpaid wages due to such employee, whichever is the lesser amount of penalty wages. When the court finds that an employer's dispute over the amount of wages due was in good faith, but the employer is subsequently found by the court to owe the amount in dispute, the employer shall be liable only for the amount of wages in dispute plus judicial interest incurred from the date that the suit is filed. Reasonable attorney fees shall be allowed the laborer or employee by the court which shall be taxed as costs to be paid by the employer, in the event a well-founded suit for any unpaid wages whatsoever be filed by the laborer or employee after three days shall have elapsed from time of making the first demand following discharge or resignation."
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