WAGE CLAIM DEMAND LETTER

State of Louisiana

Prepared Pursuant to the Louisiana Wage Payment Act, La. R.S. §§ 23:631-637

NOTICE: THIS IS A LEGAL DEMAND FOR PAYMENT OF WAGES OWED

This letter constitutes a formal demand for payment of all wages due and owing under the Louisiana Wage Payment Act, La. R.S. §§ 23:631-637. Under La. R.S. § 23:632, an employer who fails to pay wages timely after termination of employment is liable for penalty wages of up to NINETY (90) DAYS of the employee's wages at the daily rate of pay, in addition to reasonable attorney's fees. This demand is being made more than three (3) days prior to the filing of any suit, as required by La. R.S. § 23:632 for the recovery of attorney's fees.

I. SENDER INFORMATION (EMPLOYEE / CLAIMANT)

Full Legal Name: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________]

Parish of Residence: [________________________________]

Telephone Number: [________________________________]

Email Address: [________________________________]

Social Security Number (Last Four Digits): XXX-XX-[____]

II. RECIPIENT INFORMATION (EMPLOYER)

Employer Legal Name: [________________________________]

Doing Business As (if applicable): [________________________________]

Registered Agent (if applicable): [________________________________]

Employer Address: [________________________________]

City, State, ZIP: [________________________________]

Parish: [________________________________]

Attention To (Owner/Manager/HR): [________________________________]

Title: [________________________________]

Telephone Number: [________________________________]

Email Address: [________________________________]

Louisiana Secretary of State Entity Number (if known): [________________________________]

III. DATE AND DELIVERY

Date of This Letter: [__/__/____]

Method of Delivery:

☐ U.S. Certified Mail, Return Receipt Requested (Tracking No. [________________________________])

☐ Hand Delivery with Signed Acknowledgment

☐ Commercial Courier Service (FedEx / UPS / DHL) (Tracking No. [________________________________])

☐ Email Delivery (with read receipt requested) to: [________________________________]

☐ Facsimile Transmission to: [________________________________]

IMPORTANT NOTE: Under La. R.S. § 23:632, an employee must make a demand for payment and wait at least three (3) days before filing suit in order to recover reasonable attorney's fees. This letter constitutes such demand. The date of this demand is: [__/__/____].

IV. RE: FORMAL DEMAND FOR PAYMENT OF UNPAID WAGES AND PENALTY WAGES

RE: Demand for Payment of Unpaid Wages in the Amount of $[________________________________], Plus Penalty Wages of Up to Ninety (90) Days' Pay and Reasonable Attorney's Fees Pursuant to La. R.S. §§ 23:631-632

Employee Name: [________________________________]

Dates of Employment: [__/__/____] through [__/__/____]

Last Position Held: [________________________________]

Work Location(s): [________________________________]

Parish of Employment: [________________________________]

Rate of Pay at Termination: $[________________________________] per ☐ Hour ☐ Day ☐ Week ☐ Bi-weekly ☐ Semi-monthly ☐ Month ☐ Year

Daily Rate of Pay (for penalty wage calculation): $[________________________________]

Regular Payday Schedule: ☐ Weekly ☐ Bi-weekly ☐ Semi-monthly ☐ Monthly

Nature of Separation:

☐ Discharge/Termination by Employer

☐ Resignation by Employee

☐ Layoff/Reduction in Force

☐ Constructive Discharge

☐ End of Contract/Seasonal Employment

☐ Other: [________________________________]

Date of Separation: [__/__/____]

Next Regular Payday After Separation: [__/__/____]

Fifteen (15) Days After Separation: [__/__/____]

Statutory Deadline for Payment of Final Wages (earlier of the above two dates): [__/__/____]

V. INTRODUCTION AND BACKGROUND

Dear [________________________________]:

I, [________________________________] ("Claimant" or "Employee"), hereby make formal demand upon [________________________________] ("Employer") for the immediate payment of all wages, compensation, and other amounts due and owing to me under the Louisiana Wage Payment Act, La. R.S. §§ 23:631-637, and all other applicable laws of the State of Louisiana and the United States.

I was employed by the Employer from [__/__/____] through [__/__/____], serving in the capacity of [________________________________] at the Employer's [________________________________] location in [________________________________] Parish, Louisiana. Throughout my employment, I performed all duties assigned to me faithfully and competently.

My employment with the Employer was terminated on [__/__/____] under the following circumstances:

☐ Discharge by Employer: I was discharged, terminated, or fired by the Employer on the above date. The stated reason for my termination was: [________________________________]

☐ Resignation by Employee: I submitted my resignation to the Employer on [__/__/____], effective [__/__/____]. The reason for my resignation was: [________________________________]

☐ Layoff / Reduction in Force: I was laid off as part of a reduction in force effective [__/__/____].

☐ Other: [________________________________]

Under La. R.S. § 23:631, upon the discharge or resignation of any employee, it is the duty of the employer to pay the amount then due under the terms of employment. The Employer was required to pay all wages due to me on or before the next regular payday for the pay cycle during which I was working at the time of separation or no later than fifteen (15) days following the date of discharge or resignation, whichever occurs first.

My last day of employment was [__/__/____]. The next regular payday following my separation was [__/__/____]. Fifteen (15) days following my separation was [__/__/____]. Therefore, all wages owed to me were due and payable no later than [__/__/____] (the earlier of the two dates).

As of the date of this letter, the Employer has failed and/or refused to pay me the full amount of wages owed. The Employer's failure to pay constitutes a violation of the Louisiana Wage Payment Act and subjects the Employer to liability for penalty wages, reasonable attorney's fees, and court costs.

VI. DETAILED STATEMENT OF WAGES OWED

A. Summary of Unpaid Wages

The following table sets forth the specific wages and compensation owed to me by the Employer:

B. Calculation of Penalty Wages Under La. R.S. § 23:632

Under La. R.S. § 23:632, an employer who fails or refuses to comply with the wage payment provisions of La. R.S. § 23:631 shall be liable to the employee for penalty wages calculated as follows:

The penalty is the lesser of:

(a) Ninety (90) days' wages at the employee's daily rate of pay; OR

(b) Full wages from the date of the employee's demand for payment until the employer pays or tenders the amount of unpaid wages due.

C. Total Amount Demanded

D. Detailed Breakdown of Unpaid Hours/Periods

Regular Wages:

Overtime Wages (Federal FLSA - Hours Exceeding 40 per Workweek):

VII. LEGAL BASIS FOR THIS DEMAND

A. The Louisiana Wage Payment Act (La. R.S. §§ 23:631-637)

The Louisiana Wage Payment Act is the primary state statute governing the payment of wages upon termination of employment. The following provisions are directly applicable to the claims set forth in this demand letter:

B. Payment After Termination (La. R.S. § 23:631)

La. R.S. § 23:631 establishes the employer's duty to pay wages upon separation from employment:

Subsection A(1)(a) - Discharge:
"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."

Subsection A(1)(b) - Resignation:
"Upon the resignation 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 for the pay cycle during which the employee was working at the time of separation or no later than fifteen days following the date of resignation, whichever occurs first."

Subsection B - Meaning of "Amount Then Due":
The phrase "the amount then due" includes all wages earned but not yet paid, including but not limited to regular wages, overtime, commissions, bonuses, and any other compensation due under the terms of employment.

C. Penalty Wages and Attorney's Fees (La. R.S. § 23:632)

La. R.S. § 23:632 provides the enforcement mechanism for the Louisiana Wage Payment Act:

Subsection A - Penalty Wages:
"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."

Subsection B - Attorney's Fees:
"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 employee after three days shall have elapsed from time of making the first demand following discharge or resignation."

Subsection C - Good Faith Exception:
"When the court finds that the 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."

IMPORTANT: The good faith exception applies only to bona fide disputes over the amount owed, not to situations where the employer simply fails to pay wages that are clearly due. If the court determines that the employer's failure or refusal to pay was not in good faith, the full penalty under Subsection A applies.

D. Contract Forfeiting Wages Unlawful (La. R.S. § 23:634)

La. R.S. § 23:634 provides that no person, acting either for himself or as agent or otherwise, shall require any laborer, employee, or any applicant for employment, to sign any contract whereby the employee, laborer, or applicant shall forfeit his wages if discharged before the contract is completed. Any contract requiring forfeiture of wages upon discharge is null and void and unenforceable.

E. Disputes as to Amount Due (La. R.S. § 23:635)

La. R.S. § 23:635 provides that in the event of a dispute as to the amount due under the provisions of R.S. 23:631, the employer shall pay the undisputed portion of the amount due on or before the date specified. The employee shall retain the right to file suit for any balance claimed owed.

F. Payment of Commissions (La. R.S. § 23:636)

La. R.S. § 23:636 specifically addresses the payment of commissions upon termination:

"Upon the discharge or resignation of any agent, salesman, or other employee who is employed on a commission basis, it shall be the duty of the person employing such agent, salesman, or other employee, to pay any commissions and other compensation due such agent, salesman, or employee in accordance with the provisions of R.S. 23:631."

☐ Check if applicable: The Claimant was employed on a commission basis and is owed earned but unpaid commissions in the amount of $[________].

G. Payment of Vacation Pay (La. R.S. § 23:637)

La. R.S. § 23:637 provides that upon the discharge or resignation of any employee, it shall be the duty of the employer to pay any vacation pay which has been earned by the employee. The employer must pay earned vacation pay in accordance with the time limits established by La. R.S. § 23:631.

☐ Check if applicable: The Claimant is owed earned but unpaid vacation pay in the amount of $[________].

H. Summary Proceedings (La. C.C.P. Art. 2592)

Claims for unpaid wages under the Louisiana Wage Payment Act may be brought as summary proceedings under Louisiana Code of Civil Procedure Article 2592. Summary proceedings provide for an expedited hearing and resolution of the claim.

VIII. LOUISIANA-SPECIFIC PENALTY PROVISIONS

A. The 90-Day Penalty Wage Rule

Louisiana's penalty wage provision under La. R.S. § 23:632 is one of the most powerful wage recovery tools available to employees in the United States. Key features include:

1. Automatic Application: Penalty wages apply automatically when an employer fails to comply with the wage payment deadlines in La. R.S. § 23:631. No showing of bad faith or willfulness is required (unless the employer raises the good faith defense).

2. Calculation Method: The penalty is the lesser of: (a) 90 days' wages at the employee's daily rate of pay; or (b) full wages from the date of demand until payment. For higher-paid employees, penalty wages can amount to tens of thousands of dollars.

3. Daily Rate Calculation: For hourly employees, the daily rate is typically calculated as the hourly rate multiplied by the number of hours in a normal workday. For salaried employees, the daily rate is the annual salary divided by the number of working days in a year (typically 260 or 365, depending on the court's approach).

4. Good Faith Defense: The employer bears the burden of proving that any dispute over wages was in good faith. A mere assertion of a dispute is insufficient; the employer must demonstrate that there was a genuine, reasonable basis for the dispute.

5. No Offset for Partial Payment: If the employer pays part but not all of the wages due, penalty wages may still apply to the unpaid portion.

B. Attorney's Fees Are Mandatory

If the employee files a "well-founded suit" after waiting at least three (3) days from the date of the first demand for unpaid wages, the court shall (not may) award reasonable attorney's fees. This is a mandatory provision that the court cannot waive.

This demand letter serves as the required first demand. The three-day waiting period begins on the date this letter is received by the Employer.

C. No State Minimum Wage Law

Louisiana has not enacted a state minimum wage law. Therefore, the federal minimum wage of $7.25 per hour under the Fair Labor Standards Act (29 U.S.C. § 206) applies to covered employees in Louisiana. The Louisiana legislature has preempted local governments from establishing their own minimum wage rates (La. R.S. § 23:642).

D. No State Overtime Law

Louisiana does not have a state overtime law. Overtime obligations for employees in Louisiana are governed exclusively by the Fair Labor Standards Act, which requires overtime pay at 1.5 times the regular rate for hours worked in excess of 40 in a workweek (29 U.S.C. § 207).

IX. LOUISIANA ADMINISTRATIVE AND JUDICIAL FILING PROCEDURES

A. No State Administrative Agency for Wage Claims

Unlike many other states, Louisiana does not have a state administrative agency that accepts and investigates wage complaints in the same manner as a labor department. The Louisiana Workforce Commission (LWC) handles unemployment insurance and some other employment matters, but it does not have a dedicated wage claim investigation division comparable to other states' departments of labor.

B. Primary Remedies: Demand Letter and Civil Suit

The primary mechanism for recovering unpaid wages in Louisiana is through:

1. A written demand letter (such as this letter) sent to the employer, followed by
2. A civil suit filed in the appropriate Louisiana court if the employer fails to pay.

C. Filing a Civil Suit in Louisiana

Step 1: Send Written Demand

This demand letter constitutes the required written demand under La. R.S. § 23:632. The employee must wait at least three (3) days after making the demand before filing suit in order to be eligible for an award of reasonable attorney's fees.

Step 2: Determine the Appropriate Court

• City Court or Justice of the Peace Court: For claims within the jurisdictional limits of the local court (varies by parish).
• District Court: For claims exceeding the jurisdictional limits of the city court. District Court is the court of general jurisdiction in Louisiana.
• Small Claims Division: Available in certain parishes for smaller claims. The jurisdictional limit for small claims varies by parish (typically up to $5,000).

Step 3: File the Petition

The employee (or the employee's attorney) files a Petition for Unpaid Wages in the appropriate court. The petition should:

• Identify the parties (employee and employer)
• State the facts giving rise to the claim
• Cite the applicable statutes (La. R.S. §§ 23:631-632)
• State the amount of unpaid wages claimed
• Request penalty wages under La. R.S. § 23:632
• Request reasonable attorney's fees
• Request court costs
• Request judicial interest

Step 4: Summary Proceedings

Under La. C.C.P. Art. 2592, wage claims may be tried by summary proceedings, which provide for an expedited hearing. This is a significant procedural advantage for employees.

Step 5: Service of Process

The employer must be served with the petition in accordance with Louisiana law. Service may be made through the parish sheriff, by certified mail, or through a private process server.

D. Federal Filing Options

If the employer has also violated the Fair Labor Standards Act (e.g., failure to pay minimum wage or overtime), the employee may:

• File a complaint with the U.S. Department of Labor, Wage and Hour Division (https://www.dol.gov/agencies/whd)
• File a federal lawsuit under 29 U.S.C. § 216(b)

The federal statute of limitations is two (2) years for non-willful violations and three (3) years for willful violations.

E. Prescriptive Period (Statute of Limitations)

Under Louisiana law, the prescriptive period for wage claims under La. R.S. § 23:631-632 is three (3) years from the date the wages became due. This is based on the general three-year prescriptive period for delictual actions under Louisiana Civil Code Article 3492.

All claims set forth in this demand letter fall within the applicable prescriptive period.

X. DEMAND FOR PAYMENT

Based upon the foregoing, I hereby make formal demand upon the Employer for the immediate payment of the following amounts:

Note: The above total does not include reasonable attorney's fees and court costs, which will be sought in any civil action filed if this demand is not satisfied.

PAYMENT DEADLINE: Payment of the full amount of unpaid wages must be received by the undersigned no later than [__/__/____] (ten (10) calendar days from the date of this letter).

IMPORTANT: This demand letter constitutes the employee's first demand for payment as required by La. R.S. § 23:632. If payment is not received within the specified deadline, the three-day waiting period for attorney's fees recovery will have been satisfied, and a civil action may be filed without further notice.

ACCEPTABLE FORMS OF PAYMENT:

☐ Certified Check or Cashier's Check made payable to: [________________________________]

☐ Wire Transfer to the following account:
- Bank Name: [________________________________]
- Routing Number: [________________________________]
- Account Number: [________________________________]

☐ Money Order made payable to: [________________________________]

☐ Other: [________________________________]

PAYMENT DELIVERY ADDRESS:

[________________________________]
[________________________________]
[________________________________]

XI. CONSEQUENCES OF NON-PAYMENT

If the Employer fails to remit full payment of the unpaid wages within the time specified above, I reserve the right to pursue one or more of the following legal remedies without further notice:

A. Civil Litigation Under the Louisiana Wage Payment Act

I may commence a civil action in the appropriate Louisiana court seeking recovery of:

1. The full amount of unpaid wages owed to me under La. R.S. § 23:631;
2. Penalty wages of up to ninety (90) days' wages at my daily rate of pay, or full wages from the date of demand until payment, whichever is lesser, under La. R.S. § 23:632;
3. Reasonable attorney's fees, as mandated by La. R.S. § 23:632;
4. Court costs;
5. Judicial interest from the date suit is filed;
6. Any other relief to which I may be entitled under applicable law.

B. Summary Proceedings

I may seek to have the matter tried by summary proceedings under La. C.C.P. Art. 2592, which will provide for an expedited hearing and resolution.

C. Federal Claims Under the FLSA

If applicable, I may file a complaint with the United States Department of Labor, Wage and Hour Division, or commence a civil action under the Fair Labor Standards Act (29 U.S.C. § 216(b)) seeking:

1. Unpaid minimum wages and/or overtime compensation;
2. Liquidated damages equal to the amount of unpaid wages;
3. Reasonable attorney's fees and costs;
4. Pre-judgment and post-judgment interest.

D. Practical Consequences

In addition to legal liability, the Employer may face:

• Significant financial exposure due to penalty wages of up to 90 days' pay
• Mandatory attorney's fees which can be substantial in wage litigation
• Judicial interest accruing from the date of suit
• Public record of the lawsuit and any judgment
• Potential reporting to credit bureaus if a judgment is obtained
• Garnishment of the Employer's bank accounts or other assets to satisfy any judgment

XII. ANTI-RETALIATION PROTECTIONS

La. R.S. § 23:638 provides that no employer shall discharge or in any way discriminate against an employee because the employee's earnings have been subjected to garnishment. Additionally, federal law under 15 U.S.C. § 1674 prohibits employers from terminating employees whose earnings have been garnished for any one indebtedness.

While Louisiana does not have a specific anti-retaliation statute applicable to wage claims under La. R.S. §§ 23:631-632, the employee may have protections under:

• Common law wrongful termination doctrines
• Federal anti-retaliation provisions under the FLSA (29 U.S.C. § 215(a)(3))
• Louisiana Employment Discrimination Law (La. R.S. § 23:301 et seq.) if the retaliation involves a protected category

Any retaliatory action taken against me as a result of this demand will be treated as a separate and additional legal violation.

XIII. PRESERVATION OF EVIDENCE

The Employer is hereby placed on notice to preserve all documents and records relating to my employment, compensation, hours worked, and the matters described in this demand letter. This includes, but is not limited to:

☐ Payroll records, pay stubs, and wage statements

☐ Time records, timesheets, and attendance records

☐ Employment applications, offer letters, and contracts

☐ Personnel files, performance evaluations, and disciplinary records

☐ Employee handbook and policies regarding compensation, commissions, and vacation

☐ Commission agreements and commission statements

☐ Internal memoranda, emails, and communications regarding my employment or compensation

☐ Tax records (W-2s, 1099s, quarterly tax filings)

☐ Bank records and canceled checks relating to wage payments

☐ Direct deposit records and electronic payment records

☐ Electronic communications (emails, text messages, voicemails, instant messages)

☐ Video surveillance recordings from the workplace

☐ Records of any disputes between the Employer and Employee regarding wages

☐ Any other documents or records relating to the matters described herein

Destruction, alteration, or concealment of relevant evidence after receipt of this demand may constitute spoliation of evidence and may result in sanctions, adverse inference instructions, or independent causes of action.

XIV. DOCUMENTATION CHECKLIST FOR EMPLOYEE

Before sending this demand letter, the Employee should gather and retain copies of the following documents to support the wage claim:

☐ All pay stubs received during employment

☐ Personal records of hours worked (time logs, calendars, notes, apps)

☐ Copy of employment contract, offer letter, or written agreement

☐ Copy of commission agreement or bonus plan (if applicable)

☐ Copy of employee handbook or policies regarding compensation and vacation

☐ Bank statements or direct deposit records showing wage deposits

☐ Written communications with employer regarding wages (emails, letters, texts, messages)

☐ Copy of termination letter, resignation letter, or notice of separation

☐ Copies of W-2 forms or 1099 forms from employer

☐ Photographs of posted work schedules (if applicable)

☐ Contact information for co-workers or other witnesses who can verify hours worked and wages owed

☐ Documentation of any verbal promises regarding pay, commissions, or bonuses

☐ Records of any prior demands for payment (dates, methods, responses)

☐ Copy of this demand letter

☐ Proof of delivery of this demand letter (certified mail receipt, delivery confirmation, etc.)

☐ Copy of any employer response to this demand letter

☐ Notes regarding verbal communications with employer about unpaid wages (date, time, participants, substance)

☐ Calculator showing daily rate of pay and 90-day penalty wage amount

XV. SETTLEMENT AND RESOLUTION

I am prepared to resolve this matter without the necessity of litigation if the Employer makes full payment of all unpaid wages within the specified deadline. I encourage the Employer to contact me or my representative at the address and telephone number listed above to discuss arrangements for payment.

However, I emphasize the following:

1. Penalty wages continue to accrue. Under La. R.S. § 23:632, full wages from the date of demand continue to accrue until payment is made. Each day that passes without payment increases the Employer's total liability.

2. Attorney's fees will be sought. If suit is filed more than three (3) days after this demand and the suit is well-founded, the court is required to award reasonable attorney's fees.

3. Good faith defense is narrow. The good faith defense under La. R.S. § 23:632(C) applies only to bona fide disputes over the amount of wages owed, not to a general failure or refusal to pay.

Any settlement agreement must include:

1. Payment of all unpaid wages in full;
2. A written acknowledgment by the Employer of the amounts owed;
3. No waiver of any penalty wages unless agreed upon as part of a negotiated settlement reviewed by counsel;
4. No confidentiality or non-disparagement provisions that would prevent the employee from filing required government reports or cooperating with government investigations.

XVI. SIGNATURE

I declare under penalty of perjury under the laws of the State of Louisiana that the information provided in this demand letter is true and correct to the best of my knowledge and belief.

________________________________________
Signature of Employee / Claimant

Printed Name: [________________________________]

Date: [__/__/____]

________________________________________
Signature of Attorney (if represented)

Attorney Name: [________________________________]

Louisiana Bar Roll Number: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Date: [__/__/____]

XVII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Wage Claim Demand Letter was served upon the Employer by the following method(s):

☐ U.S. Certified Mail, Return Receipt Requested
Tracking Number: [________________________________]
Addressed to:
[________________________________]
[________________________________]
[________________________________]

☐ Hand Delivery
Delivered to: [________________________________]
Date and Time of Delivery: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Name of Person Accepting Delivery: [________________________________]

☐ Commercial Courier Service
Carrier: [________________________________]
Tracking Number: [________________________________]
Date Sent: [__/__/____]

☐ Email
Sent to: [________________________________]
Date and Time Sent: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Read Receipt Received: ☐ Yes ☐ No

☐ Facsimile Transmission
Fax Number: [________________________________]
Date and Time Sent: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Confirmation Page Received: ☐ Yes ☐ No

________________________________________
Signature

Printed Name: [________________________________]

Date: [__/__/____]

XVIII. LOUISIANA-SPECIFIC NOTES AND PRACTICE CONSIDERATIONS

A. Unique Aspects of Louisiana Wage Law

1. Civil Law Jurisdiction: Louisiana is the only U.S. state that follows the civil law tradition rather than the common law tradition. The Louisiana Civil Code, rather than common law precedent, provides the foundational legal framework. This can affect the interpretation and application of employment statutes.

2. No State Minimum Wage or Overtime: Louisiana has not enacted its own minimum wage or overtime statutes. The federal FLSA is the sole source of minimum wage and overtime protections for Louisiana workers. Louisiana has also preempted local governments from establishing minimum wage rates (La. R.S. § 23:642).

3. Powerful Penalty Wage Provision: Louisiana's 90-day penalty wage provision (La. R.S. § 23:632) is one of the most employee-friendly wage recovery penalties in the country. For a high-wage earner, 90 days of penalty wages can significantly exceed the amount of wages originally owed.

4. Three-Day Demand Requirement: Before filing suit to recover attorney's fees, the employee must first make a written demand and wait at least three (3) days. This demand letter satisfies that requirement. The timing of the demand is critical to recovering the full range of remedies.

5. Summary Proceedings Available: Wage claims in Louisiana may be tried by summary proceedings (La. C.C.P. Art. 2592), which provide for an expedited hearing. This is a significant procedural advantage for employees.

6. Discharge vs. Resignation - Same Deadline: Unlike some states that have different payment deadlines for discharged and resigned employees, Louisiana applies the same deadline to both: the next regular payday or 15 days, whichever comes first.

7. Vacation Pay Must Be Paid: Under La. R.S. § 23:637, earned vacation pay must be paid upon termination. This is a statutory right and cannot be waived by contract.

8. Commission Payments Protected: La. R.S. § 23:636 specifically protects the right of commission-based employees to receive earned commissions upon termination. The full penalty and attorney's fee provisions apply to unpaid commissions.

9. No Wage Forfeiture Contracts: La. R.S. § 23:634 prohibits any contract that requires an employee to forfeit wages upon discharge. Any such contract provision is null and void.

10. Prescriptive Period: The three-year prescriptive period for wage claims begins to run on the date the wages become due. For termination-related claims, this is the date on which the employer was required to make payment under La. R.S. § 23:631.

B. Important Louisiana Case Law

• Becht v. Morgan Bldg. & Spas, Inc., 2002-2047 (La. 4/23/03), 843 So.2d 1109: The Louisiana Supreme Court held that penalty wages are the lesser of 90 days' wages or full wages from date of demand to date of payment.

• Beard v. Summit Inst. for Pulmonary Med. & Rehab., 97-1784 (La. 3/4/98), 707 So.2d 1233: The Court clarified the good faith defense standard, holding that the employer must show a colorable, genuine dispute over the amount owed.

• Carriere v. Pee Wee's Equip. Co., 364 So.2d 555 (La. 1978): Established that the penalty wage statute is to be strictly construed in favor of the employee.

C. Practical Tips for Louisiana Wage Claims

1. Send the demand letter by certified mail with return receipt requested. This creates a clear record of the date the demand was made, which is critical for calculating penalty wages and satisfying the three-day waiting period.

2. Keep a copy of everything. Maintain copies of the demand letter, proof of mailing, and any employer response.

3. Calculate your daily rate carefully. The daily rate of pay determines the amount of penalty wages. For hourly workers, multiply the hourly rate by the normal number of hours worked per day.

4. Consult an attorney. Louisiana's penalty wage and attorney's fee provisions make wage claims economically viable for attorneys to handle on contingency. Many Louisiana employment attorneys will evaluate wage claims at no cost.

5. Act promptly. The three-year prescriptive period runs from the date wages become due, not the date of termination.

XIX. 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 of Employer 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 on Discharge Unlawful
   https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-634/

4. La. R.S. § 23:636 - Payment of Commissions Due Upon Termination
   https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-636/

5. La. R.S. § 23:637 - Payment of Vacation Pay Upon Termination
   https://law.justia.com/codes/louisiana/revised-statutes/title-23/rs-23-637/

6. Louisiana Revised Statutes Title 23 - Labor and Worker's Compensation
   https://law.justia.com/codes/louisiana/revised-statutes/title-23/

7. Louisiana Code of Civil Procedure Article 2592 - Summary Proceedings
   https://www.legis.la.gov/legis/Law.aspx?d=111752

8. Navigating the Louisiana Wage Payment Act - Gaudry, Ranson, Higgins & Gremillion
   https://www.grhg.net/navigating-the-louisiana-wage-payment-act/

9. Louisiana Wage Payment Laws - Employment Law Handbook
   https://www.employmentlawhandbook.com/employment-and-labor-laws/states/louisiana/wage-payment/

10. General Information About Unpaid Wages Claims in Louisiana - Law Library of Louisiana
    https://lasc.libguides.com/c.php?g=944129&p=6805509

11. Fair Labor Standards Act, 29 U.S.C. §§ 201-219
    https://www.dol.gov/agencies/whd/flsa

12. U.S. Department of Labor - Wage and Hour Division
    https://www.dol.gov/agencies/whd

13. How to Report Wage Theft in Louisiana - Employment Law Help
    https://www.employmentlawhelp.org/wage-theft/how-to-file-by-state/louisiana

14. Louisiana Workforce Commission
    https://www.laworks.net/

This template is provided for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by the use of this document. Users should consult with a licensed Louisiana attorney before sending any demand letter or taking any legal action. Louisiana is a civil law jurisdiction, and the interpretation and application of statutes may differ from common law states. The law is subject to change, and the applicability of any provision may depend on the specific facts and circumstances of each case. This template was last updated on 2026-03-20.

Template prepared for use on the ezel.ai platform.
For solo practitioners and employees seeking to enforce their wage rights under Louisiana law.