It’s not uncommon for employers to stiff a terminated employee or at least delay the final paycheck as long as possible. Your help in getting that money for your client could be invaluable and may not take you much time at all.
Most employees separated from a job in Louisiana have a right to prompt payment of “the amount then due under the terms of the employment.”1 Not all workers are covered. Because the statute excludes independent contractors, remember the possibility of misclassification. The law applies to public as well as private employers, but it does not apply to those covered by collective bargaining agreements that provide otherwise. The statute requires that the pay period have been by the “hour, day, week or month” and does not cover pay arrangements lacking such a term. Not all payments are covered; one critical exception is that employer policies may exclude vacation pay. The reason for separation and the workers’ immigration status are immaterial. Payment is due within 15 days or on the next regular payday, whichever comes first.
- 1La. R.S. 23:631, et seq.