Louisiana has no state minimum wage above the federal floor but offers unique wage protections through the Louisiana Wage Payment Law. A distinctive feature is the 90-day penalty provision—employers who wrongfully withhold wages face daily penalties equal to the worker’s daily wage for up to 90 days. This can significantly increase damages. Louisiana’s economy relies heavily on oil and gas, maritime, and chemical industries, all with high wage violation rates.
Minimum Wage in Louisiana (2025)
Louisiana has no state minimum wage law. The federal minimum wage of $7.25 per hour applies statewide.
Tipped employees have the federal tip credit: employers may pay $2.13/hr cash wage if tips reach $5.12/hr to meet the $7.25 minimum. New Orleans and Baton Rouge restaurants frequently mishandle tip pools or fail to supplement when tips fall short.
No local minimum wages exist.
Overtime Pay in Louisiana
Louisiana adopts federal FLSA standards: 1.5x pay for hours exceeding 40 per week. No daily overtime rules exist. Oil and gas workers, maritime employees, and chemical plant workers throughout the state frequently encounter wage misclassification and overtime violations.
Louisiana Wage Payment Law
The Louisiana Wage Payment Law requires timely payment of earned wages. Violations trigger liability for actual wages owed plus a 90-day penalty. This is unique and powerful: employers who wrongfully withhold wages face daily penalties equal to the worker’s daily wage for up to 90 days. Combined with the base wage owed, this can roughly triple liability.
Attorney fees and court costs are recoverable. The law covers all earned compensation: hourly wages, commissions, bonuses earned under written agreement or past practice, and accrued vacation (if earned under the Louisiana Civil Code).
Final Paycheck Rules in Louisiana
| Separation Type | Deadline |
|---|---|
| Fired or laid off | Within 3 days of demand (or next payday, whichever is sooner) |
| Resigned | Within 3 days of demand (or next payday, whichever is sooner) |
Louisiana’s rule is unique: final wages must be paid within 3 days after the employee demands them (not necessarily upon separation). However, the employer can’t delay indefinitely—if no demand is made, wages must be paid by the next regular payday. Accrued vacation must be paid if earned under written company policy or Louisiana law.
Louisiana Workforce Commission
The Louisiana Workforce Commission handles wage and hour enforcement. File complaints at:
Louisiana Workforce Commission Office of Wage and Hour 1001 North 23rd Street Baton Rouge, LA 70804 Phone: (225) 342-3000 Website: lwc.la.gov
Filing deadline: 3 years from the violation.
Real Situations: Common Louisiana Wage Disputes
An offshore oil platform worker in the Gulf of Mexico worked 84-hour rotations (14-day shifts) without overtime compensation. His employer classified him as exempt (falsely claiming supervisory status). Under Louisiana and FLSA law, control and job duties—not titles—determine status. He was entitled to overtime for hours exceeding 40 per week. He recovered roughly $18,000 in back overtime wages. Additionally, because the employer wrongfully withheld payment, he triggered the 90-day penalty provision, roughly doubling damages to approximately $36,000.
A warehouse worker in Baton Rouge was terminated and not paid for the final week. When he demanded payment (via email) the following Monday, his employer refused and continued refusing for six weeks. Under Louisiana law, payment was due within 3 days of his demand. The employer faced liability for the week’s unpaid wages (roughly $350) plus 90 days of penalty wages (roughly $3,150), totaling roughly $3,500. The 90-day penalty was crucial to making the claim economically viable.
A petrochemical facility worker was promised a $2,000 annual safety bonus under a written company policy. His employer refused to pay the bonus in his final year (despite no performance issues), claiming budgetary constraints. Under Louisiana law, compensation promised in writing and earned is wage. He recovered the bonus ($2,000) plus 90 days of penalty for wrongful withholding—roughly $4,800.
Common Mistakes Louisiana Workers Make
Louisiana workers often fail to formally demand final wages after separation. While employers are required to pay by the next payday anyway, a formal written demand (via email) triggers the 3-day deadline and can activate the 90-day penalty provision if not honored. Always demand payment in writing and document the date.
Employees frequently misunderstand Louisiana’s 90-day penalty structure. The penalty is daily wages for up to 90 days—not a flat multiplier. For a worker earning $250/day, wrongful withholding for 30 days triggers roughly $7,500 in penalties ($250 × 30 days). This makes even modest wage claims economically significant. If final wages are withheld beyond 3 days of demand, file a complaint immediately.
Workers often accept final paychecks without verifying accrued vacation is included. Request an itemized final paycheck showing vacation accrual and payout. Under Louisiana Civil Code and employment law, vacation earned under company policy must be paid. If omitted, this constitutes wage theft, triggering the 90-day penalty provision.
How to File a Wage Claim in Louisiana
Option 1 — Louisiana Workforce Commission. File a wage complaint with the Office of Wage and Hour. Call (225) 342-3000 or visit lwc.la.gov. You may file up to 3 years after the violation.
Option 2 — Department of Labor (FLSA). File with the federal Wage and Hour Division at dol.gov/agencies/whd/contact.
Option 3 — Civil lawsuit. Louisiana small claims court handles claims up to $3,000. For larger claims or to maximize the 90-day penalty provisions, hire an attorney—many take wage cases on contingency.
Statute of Limitations
| Claim Type | Limitation Period |
|---|---|
| Louisiana Wage Payment Law | 3 years |
| FLSA (federal, non-willful) | 2 years |
| FLSA (federal, willful) | 3 years |
| Breach of contract (bonus/vacation) | 6 years (Louisiana Civil Code) |
Related Guides
- Employment Rights Guide — federal wage and overtime rules that apply in Louisiana alongside state law
- Louisiana Small Claims Court — sue for unpaid wages up to $3,000 without a lawyer
- Louisiana Eviction Notice Requirements — tenant protections for Louisiana renters
- Louisiana Security Deposit Laws — your rights as a Louisiana renter
- Louisiana Tenant Rights Guide — complete tenant rights guide for Louisiana renters
This article is for informational purposes only and does not constitute legal advice. For specific legal advice regarding wage claims in Louisiana, consult a qualified employment attorney. Last reviewed: March 2026.