Louisiana Overtime and Wage Law
The state of Louisiana has not enacted its own laws regarding overtime pay or minimum wage. As a result, workers in Louisiana are only protected by the federal wage and hour regulations contained in the Fair Labor Standards Act (FLSA).Below is an overview of the minimum wage and overtime pay laws that apply to workers in the state of Louisiana. Private actions to enforce Louisiana’s wage and hour laws, and recover unpaid overtime due to workers, are commonly brought (on a contingent fee basis) by employment law firms such as The Lore Law Firm. If you believe that you have been deprived of the overtime pay that you are legally entitled to, please contact us for a free and confidential review of your situation.
Under the FLSA, overtime pay equal to time and a half is required for all non-exempt employees for hours worked over 40 during a single workweek
Louisiana is home to numerous industries in which overtime pay violations have been found and from which millions of dollars have been recovered for workers. Many instances of overtime rules and wage violations have occurred in the wake of natural disasters such as hurricanes and the BP Deepwater Horizon oil spill. The following are a few examples:
- Oil spill related workers who are paid straight time for overtime
- Workers paid a set day-rate and no overtime, even though they work over 40 hours per week
- Workers who are treated as “independent contractors” instead of employees to avoid paying them time and a half for overtime
- Non-exempt workers who are paid a “salary” and no overtime, even though they work over 40 hours per week
- IT / Tech Support workers who are not computer programmers are paid hourly straight time for all hours worked over 40 per week
- Professional employees who are paid on an hourly basis, instead of a salary, and not paid overtime
When employees working in Louisiana do not receive full and proper payment of their overtime wages, they can assert a claim to recover:
- all unpaid overtime for two or sometimes three years prior to the filing of a lawsuit,
- an award of “liquidated damages” equal to the amount of the unpaid overtime – meaning workers can recover double the amount of unpaid overtime owed, and
- attorney’s fees and expenses.
For overtime claims, the statute of limitations is the same as under Federal Law – claims can be made for the prior 2 years (3 years if the violation is willful).Louisiana Minimum Wage
Since Louisiana has no state minimum wage law, employees in Louisiana are entitled to receive either the federal minimum wage of $7.25 per hour or any local minimum wage if it is higher than the rate set by federal law.
Meal Breaks / Rest Breaks
Louisiana does not require employers to provide lunch or rest breaks. However, you are entitled to be paid if you have to do any work during a break (for example, if you have to cover the phones while you eat lunch). And, generally, you are entitled to be paid for any short breaks (five to 20 minutes) your employer provides; this time is considered part of your work day.
Other Louisiana Labor Law Wage and Pay Resources
- Louisiana Final Paycheck Law
- Unauthorized Deductions From Paychecks
- Minor Labor Laws
- Garnishments from Wages