['Wage and Hour']
['Salary deductions']
06/11/2024
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Summary of differences between federal and state regulations
Federal regulations restrict the types of deductions that can be made from an employee’s wages or salary. Deductions can be made in certain cases, but the legality often depends on the nature and purpose of the deductions, as well as the status of the employee as exempt or non-exempt.
Under Louisiana law, an employer is prohibited from penalizing an employee or deducting any sum of money as a penalty or fine from the employee’s wages, except where the employee damages property belonging to or in the possession of the employer. In this case, the deduction cannot exceed the actual damage done.
Cost of medical exams/drug tests
An employer may not require an employee or applicant to pay for any medical exam or drug test required by the employer or the cost of any medical records, or to withhold the cost employees’ wages. Exception: An employer may require a job applicant or employee to sign a contract providing that the costs of the individual’s pre-employment medical exam or drug test may be withheld from his wages if he resigns within 90 working days. 23:897 and 23:634
For a sample contract regarding deductions within the 90-day period, see www.laworks.net/Downloads/ORS/MedicalExamsAndDrugTestWageContract.pdf
State
Contact
Louisiana Workforce Commission
Regulations
Louisiana Revised Statutes §23:635
www.legis.state.la.us/lss/lss.asp?doc=83949
No person, acting either for himself or as agent or otherwise, shall assess any fines against his employees or deduct any sum as fines from their wages. This Section shall not apply in cases where the employees willfully or negligently damage goods or works, or in cases where the employees willfully or negligently damage or break the property of the employer, or in cases where the employee is convicted or has pled guilty to the crime of theft of employer funds, but in such cases the fines shall not exceed the actual damage done.
Cost of medical exams/drug tests
Louisiana Revised Statutes Title 23, 23:897
www.legis.state.la.us/lss/lss.asp?doc=84006
Louisiana Revised Statutes Title 23, 23:634
www.legis.state.la.us/lss/lss.asp?doc=83948
Both Statutes are also available at www.laworks.net/Downloads/ORS/CostsOfMedicalExamsAndDrugTests.pdf
Federal
Contact
Regulations
For non-exempt employees:
29 CFR Part 531, Wage Payments under The Fair Labor Standards Act of 1938
For exempt employees:
29 CFR Part 541, Subpart G, Salary Requirements
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.