WAGE AND HOUR DEMAND LETTER
State of Louisiana
Louisiana Wage Payment Act / Fair Labor Standards Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Louisiana ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Louisiana Bar Roll Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Louisiana and Federal Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 AND LA. C.E. ART. 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Louisiana Wage Payment Act, La. R.S. 23:631 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. LOUISIANA-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Louisiana is one of five states without a state minimum wage law and does not have a state overtime law. Therefore, federal FLSA standards apply. However, Louisiana has strong final wage payment requirements with significant penalty provisions.
Key Legal Framework:
| Category | Louisiana/Federal Requirement | Citation |
|---|---|---|
| Minimum Wage | $7.25/hour (federal FLSA) | 29 U.S.C. Section 206 |
| Overtime | 1.5x regular rate after 40 hours/week (FLSA only) | 29 U.S.C. Section 207 |
| Tipped Minimum | $2.13/hour (with tip credit - FLSA) | 29 U.S.C. Section 203(m) |
| Final Wage Payment | Within 15 days or next regular payday | La. R.S. 23:631 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Louisiana Wage Claims | 3 years | La. C.C. art. 3494 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Louisiana Contract Claims | 10 years | La. C.C. art. 3499 |
C. Louisiana Wage Payment Requirements
Wage Payment Timing:
- La. R.S. 23:631: Upon discharge or resignation, employer must pay all amounts due within 15 days of termination or on the next regular payday, whichever is earlier
- La. R.S. 23:633: Vacation pay must be paid if owed under employer policy
Payroll Deductions:
- Louisiana follows common law principles regarding authorized deductions
- Deductions cannot reduce wages below minimum wage
- La. R.S. 23:635: Certain deductions require written authorization
D. Enforcement Mechanisms
Administrative:
- Louisiana Workforce Commission: Limited wage claim enforcement
- U.S. Department of Labor, Wage and Hour Division (New Orleans District Office): Primary enforcement for FLSA claims
Private Right of Action:
- La. R.S. 23:632: Private action for penalty wages
- FLSA: 29 U.S.C. Section 216(b) provides private right of action
E. Louisiana Penalty Provisions
Louisiana provides one of the most significant penalty provisions for failure to pay final wages:
| Remedy | Standard | Citation |
|---|---|---|
| Back Wages | Full unpaid amount | La. R.S. 23:631 |
| Penalty Wages | 90 days wages at daily rate | La. R.S. 23:632 |
| Attorney's Fees | Reasonable fees mandatory | La. R.S. 23:632 |
| FLSA Liquidated Damages | Equal to unpaid wages | 29 U.S.C. Section 216(b) |
F. Tip Credit Rules (Louisiana/Federal)
Louisiana follows federal tip credit rules:
| Requirement | Standard |
|---|---|
| Cash wage minimum | $2.13/hour |
| Tip credit maximum | $5.12/hour |
| Total must equal | $7.25/hour minimum |
| Notice required | Yes, before taking credit |
| Tip pooling | Valid only among customarily tipped employees |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Louisiana. During this employment, [Company Short Name] violated Louisiana and federal wage laws by:
[ ] Failing to pay the federal minimum wage of $7.25 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week (FLSA)
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] On-call time
[ ] Failing to pay final wages timely as required by La. R.S. 23:631
[ ] Failing to pay earned vacation upon separation as required by La. R.S. 23:633
[ ] Making unlawful deductions that reduced wages below minimum wage
[ ] Unlawful tip pooling or tip credit violations
These violations entitle our client to significant penalty wages under Louisiana law.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Louisiana] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Fair Labor Standards Act Coverage
1. Enterprise Coverage
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A).
2. Individual Coverage
Alternatively, our client was individually engaged in interstate commerce because [describe activities affecting interstate commerce].
B. Minimum Wage Violation (29 U.S.C. Section 206)
The FLSA requires covered employers to pay employees at least $7.25 per hour for all hours worked. Louisiana has no state minimum wage, so FLSA applies. By [describe violation], [Company Short Name] failed to pay our client the minimum wage.
C. Overtime Violation (29 U.S.C. Section 207)
The FLSA requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek. Louisiana has no state overtime law.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Louisiana Final Wage Violations (La. R.S. 23:631)
[Company Short Name] failed to pay our client's final wages within 15 days of termination (or the next regular payday, whichever was earlier) as required by Louisiana law.
E. Penalty Wages (La. R.S. 23:632)
Under Louisiana law, when an employer fails to pay final wages timely, the employee is entitled to penalty wages equal to 90 days of wages at the employee's daily rate, plus reasonable attorney's fees.
V. DAMAGES CALCULATION
A. FLSA and Louisiana Damages
Relevant Period: [Date - 3 years prior] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime (FLSA)
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
4. Louisiana Penalty Wages (90 Days)
| Daily Wage Rate | Days | Total Penalty |
|---|---|---|
| $[Amount] | 90 | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages (equal to unpaid wages) | $[Amount] |
| Louisiana Penalty Wages (90 days) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Collective Action Exposure
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Liquidated Damages | $[Amount] | [X employees] | $[Amount] |
| Louisiana Penalties | $[Amount] | [X employees] | $[Amount] |
| Collective Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- FLSA liquidated damages
- Louisiana penalty wages
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] United States District Court for the Eastern District of Louisiana
[ ] United States District Court for the Middle District of Louisiana
[ ] United States District Court for the Western District of Louisiana
[ ] Louisiana State Court, [Parish]
The Complaint will seek:
1. Unpaid minimum wages under 29 U.S.C. Section 206
2. Unpaid overtime under 29 U.S.C. Section 207
3. Final wage violations under La. R.S. 23:631
4. Penalty wages under La. R.S. 23:632
5. FLSA liquidated damages under 29 U.S.C. Section 216(b)
6. Attorney's fees and costs
7. FLSA collective action certification
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior DOL investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and Louisiana Code of Evidence Article 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Louisiana Bar Roll No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
LOUISIANA-SPECIFIC PRACTICE NOTES
[ ] No State Minimum Wage: Louisiana has no state minimum wage law; federal $7.25 applies
[ ] No State Overtime Law: Louisiana has no state overtime statute; use FLSA for overtime claims
[ ] Significant Penalty Wages: La. R.S. 23:632 provides 90 days of penalty wages for late final wage payment - very significant remedy
[ ] Vacation Pay: La. R.S. 23:633 requires payment of earned vacation upon separation if employer has a vacation policy
[ ] Parish Courts: Louisiana uses parishes instead of counties; state courts are District Courts
[ ] Federal Court Venue:
- Eastern District (New Orleans): Southeast Louisiana
- Middle District (Baton Rouge): South-central Louisiana
- Western District (Shreveport, Lafayette, Alexandria, Monroe, Lake Charles): Western and northern Louisiana
[ ] Preemption: La. R.S. 23:642 prohibits local minimum wage ordinances
[ ] DOL Contact: New Orleans District Office covers Louisiana
- Address: 600 S. Maestri Place, Suite 728, New Orleans, LA 70130
- Phone: (504) 589-6171
[ ] Civil Law Jurisdiction: Louisiana is a civil law jurisdiction; some procedural rules differ from common law states