Final paycheck - Louisiana

Summary of differences between federal and state regulations

Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment or payment within a specific time period.

In Louisiana, for either voluntary or involuntary termination the final paycheck must be paid on the next regular payday or no later than 15 days following the date of discharge, whichever occurs first. (Louisiana RS §23:631.)

Effective august 1, 2024:

Where compensation is available to an employee in the form of commission, incentive pay, or bonus, such amounts will be due to the employee if:

• Earned in accordance with the employer’s policy that addresses the commission, incentive pay, or bonus; and
• The policy is in writing.

Therefore, employers may have policies that:

• Provide for adjustments to a commission when there is a change order or other event that affects the amount of the commission; and
• Provide that the employee does not earn a commission, incentive payment, or bonus until the employer receives payment from the customer on the sale or other event that generates the commission, incentive payment, or bonus.

Employers must determine an employee’s eligibility for a bonus determined by financial information reflecting the employee’s or company’s performance on an annual, quarterly, or other periodic basis, and the amount thereof, and pay departing employees the bonus that may be due within 120 calendar days (as opposed to 15 days) from the end of the calculation period used by the employer to determine the bonus. 23:631

State

Contact

New Orleans District Office US Dept. of Labor ESA Wage & Hour Division

Regulations

http://legis.la.gov/Legis/Law.aspx?d=83945

Federal

Contact

Wage and Hour Division

Regulations

None.