Use this unpaid wages guide to build a clear demand letter for New Orleans.
New Orleans Unpaid Wages Rights: Your Complete Guide to Recovering Earned Compensation
Working hard and not getting paid is more than frustrating; it's illegal. Whether you're a hospitality worker in the French Quarter who hasn't received your tips, a construction worker on a Gentilly project whose overtime was never paid, or an office employee in the Central Business District still waiting for your final paycheck, Louisiana law provides remedies for recovering the wages you've earned. Wage theft costs American workers billions of dollars annually, and New Orleans workers are not immune from employers who fail to pay what's owed.
Louisiana's wage payment laws, combined with federal protections under the Fair Labor Standards Act, establish clear requirements for when and how employers must pay their workers. The Louisiana Wage Payment Act, codified at Louisiana Revised Statutes 23:631 through 23:638, sets specific rules for payment of wages upon separation from employment. Federal law establishes minimum wage, overtime requirements, and protections for workers across the nation. Understanding these laws empowers you to demand the compensation you've earned and hold employers accountable for wage violations.
New Orleans' diverse economy presents varied wage and hour issues. The tourism and hospitality industry, vital to the city's economy, involves complex tip credit rules and often sees violations related to tips, overtime, and off-the-clock work. The construction sector, rebuilding and expanding the city, experiences disputes over prevailing wages, overtime, and misclassification of workers as independent contractors. Service workers, retail employees, and professionals all face potential wage violations. Regardless of your industry or position, knowing your rights is the first step to recovery.
This comprehensive guide will walk you through Louisiana and federal wage laws, the practical steps for demanding unpaid wages, the evidence you need to build your case, and the legal remedies available when employers refuse to pay. We will cover everything from the critical 15-day deadline for final paychecks to the penalties employers face for willful violations. Whether you're dealing with missing overtime, unpaid tips, final paycheck issues, or systematic underpayment, this guide provides the knowledge you need to recover every dollar you're owed.
Louisiana and Federal Wage Laws: Understanding Your Rights in New Orleans
Workers in New Orleans are protected by both Louisiana state wage laws and federal laws under the Fair Labor Standards Act (FLSA). Understanding both frameworks is essential for pursuing unpaid wages effectively.
The Louisiana Wage Payment Act (Louisiana Revised Statutes 23:631-638) governs the payment of wages to employees upon separation from employment. This law is particularly powerful for workers seeking final paychecks. Under La. R.S. 23:631, when an employer discharges an employee, the employer must pay the amount then due within fifteen days after the discharge or no later than the next regular payday, whichever occurs first. When an employee resigns, the employer must pay the amount due on or before the next regular payday or within fifteen days following the resignation, whichever occurs first.
La. R.S. 23:632 establishes significant penalties for employers who fail to pay wages on time. An employer who fails to pay wages within the time required shall be liable to the employee for 90 days of wages at the employee's daily rate of pay, or for full wages from the time demand is made until payment, whichever is less. This penalty provision creates substantial incentive for employers to pay promptly. To invoke these penalties, the employee must make demand for payment; the demand starts the penalty clock running.
La. R.S. 23:633 adds that employers who fail to pay without reasonable grounds must also pay attorney fees. This fee-shifting provision makes it economically feasible for attorneys to represent workers in wage cases, as the employer pays the attorney's fees if the worker prevails.
The Fair Labor Standards Act (29 U.S.C. Section 201 et seq.) provides federal protections that apply to most New Orleans workers. The FLSA establishes the federal minimum wage, currently $7.25 per hour. Louisiana does not have its own minimum wage law, so the federal minimum applies throughout the state. The City of New Orleans does not have a separate municipal minimum wage.
FLSA overtime provisions require covered employers to pay time-and-a-half for hours worked over 40 in a workweek. This means if your regular rate is $15 per hour, you must receive $22.50 per hour for overtime hours. Many New Orleans workers, particularly in hospitality and construction, work substantial overtime that employers sometimes fail to compensate properly.
FLSA tip credit rules are crucial in New Orleans' hospitality industry. Employers may pay tipped employees a direct wage of $2.13 per hour if the employee's tips bring total hourly compensation to at least the federal minimum wage. If tips do not bring the employee to minimum wage, the employer must make up the difference. Tip pooling is permitted under certain circumstances, but employers cannot take any portion of employee tips for themselves or credit tips against non-tipped work.
FLSA recordkeeping requirements (29 U.S.C. Section 211) obligate employers to maintain accurate time and pay records. When employers fail to keep proper records, courts may rely on employee testimony to establish hours worked, shifting the burden to the employer to disprove the employee's claims.
Misclassification of employees as independent contractors is a common violation. Employers may try to avoid wage obligations by calling workers independent contractors when they should be classified as employees. The economic reality test examines the actual working relationship to determine proper classification.
For FLSA violations, employees can file suit within two years of the violation, or three years for willful violations. Under the FLSA, successful plaintiffs can recover unpaid wages, an equal amount as liquidated damages (effectively doubling the recovery), and attorney's fees and costs.
Louisiana's prescriptive period for wage claims under state law is three years under Louisiana Civil Code Article 3494. However, the 90-day penalty under La. R.S. 23:632 has its own timeline tied to the demand for payment.
Employees who file wage claims are protected from retaliation under both federal and state law. FLSA Section 215(a)(3) prohibits retaliation against employees who file complaints or participate in proceedings under the Act. Louisiana law similarly prohibits retaliation for exercising legal rights.
Step-by-Step Guide to Demanding Unpaid Wages in New Orleans
Recovering unpaid wages requires a systematic approach from documentation through potential legal action. This guide walks you through the process tailored to Louisiana law and Orleans Parish resources.
Before taking any action, determine precisely how much the employer owes you. Review pay stubs, time records, and work schedules. Calculate regular hours unpaid, overtime hours at time-and-a-half, tips not received or improperly shared, commission or bonus amounts due, and final paycheck amounts. Be specific: courts require precise calculations. If you don't have complete records, reconstruct your schedule as accurately as possible using calendars, texts, and memory.
Collect every document related to your employment. This includes your job offer letter or employment agreement, pay stubs from your entire employment, time cards, schedules, or time clock records, employee handbook or policies, any written communications about pay, commission structures, or bonuses, tax forms (W-2s, 1099s), and direct deposit records. These documents establish your employment relationship and compensation terms.
If your claim involves unpaid time, create a detailed record of hours worked. Use personal calendars, text messages showing work times, emails with timestamps, transportation records (parking, bus passes), witness recollections, and any personal notes you kept. Under FLSA, if the employer failed to keep proper records, your reasonable reconstruction of hours can be used as evidence.
Send your employer a formal written demand for the unpaid wages. Under Louisiana Revised Statutes 23:632, making demand triggers the penalty period. Your demand letter should identify yourself and your employment dates, specify the exact amounts owed with detailed calculations, cite the Louisiana Wage Payment Act (La. R.S. 23:631-632), reference FLSA if overtime or minimum wage is involved, set a deadline for payment (10-15 days is reasonable), and note that penalties and attorney fees may accrue. Send the letter via certified mail with return receipt requested. Keep a copy.
Give the employer a reasonable opportunity to respond to your demand. Some employers pay promptly when faced with a formal, legally-informed demand. Others may need to verify records or consult with counsel. If the employer contacts you to discuss, document the conversation and any promises made.
If the employer doesn't respond satisfactorily, file a wage claim with the Louisiana Workforce Commission. The Commission can investigate and attempt to collect unpaid wages on your behalf. While the agency's enforcement resources are limited, filing a complaint creates official record of your claim.
Louisiana Workforce Commission: (225) 342-3111
Website: www.laworks.net
For FLSA violations (minimum wage, overtime, tip violations, child labor), file a complaint with the U.S. Department of Labor, Wage and Hour Division. Federal investigators have strong enforcement powers and can require back wage payments.
U.S. Department of Labor, New Orleans District Office
Address: 600 S. Maestri Place, Room 827, New Orleans, LA 70130
Phone: 1-866-4-USWAGE (1-866-487-9243)
For significant unpaid wage claims, especially those involving overtime, multiple employees, or complex calculations, consult with an employment attorney. Under both Louisiana law and FLSA, attorney fees can be recovered from the employer if you prevail, making representation economically feasible even for moderate claims. Many employment attorneys offer free consultations and take wage cases on contingency.
If administrative remedies don't resolve your claim, file suit. For claims up to $5,000, you can use City Court of New Orleans (small claims). For larger claims or claims under FLSA, you may file in state or federal court. Your lawsuit can seek unpaid wages, liquidated damages (doubling recovery under FLSA), Louisiana's 90-day penalty, attorney fees and costs, and interest.
Throughout the process, continue preserving evidence. Don't delete emails or texts. Keep records of all communications with the employer, agency, or attorney. Document any retaliation. The process may take months, and complete records strengthen your claim at every stage.
Essential Evidence for New Orleans Unpaid Wage Claims: Building Your Case
Building a winning unpaid wage case requires comprehensive documentation. The evidence you gather supports your demand letters, agency complaints, and potential litigation. Here are the critical categories of evidence New Orleans workers should collect:
Critical Deadlines for Unpaid Wage Claims in Louisiana: Time Limits You Must Know
Understanding the various deadlines applicable to unpaid wage claims is essential for Louisiana workers. Missing these time limits can bar your recovery or reduce your available remedies.
Key Takeaway: Act Promptly
The most important timeline principle is to act quickly. Make demand as soon as wages are overdue. File agency complaints promptly. Don't let statutes of limitations expire. Even within the limitations period, older claims are harder to prove as evidence becomes stale and witnesses forget. Pursue your unpaid wages aggressively.
Common Mistakes to Avoid in New Orleans Unpaid Wage Claims
Pursuing unpaid wages effectively requires avoiding common errors that weaken otherwise valid claims. Here are the mistakes that frequently prevent New Orleans workers from recovering the wages they're owed:
Many workers rely entirely on employer records to prove hours worked. When employers fail to keep proper records (or lose them, or manipulate them), workers with no personal records struggle to prove their claims. Keep your own records of hours worked, pay received, and work schedules, even simple notes in a calendar.
Louisiana's powerful 90-day penalty under La. R.S. 23:632 requires making demand for payment. Workers who rely on verbal requests, or who wait for the employer to pay voluntarily, may miss out on penalty recovery. Send a written demand via certified mail to start the penalty clock and document your claim.
Statutes of limitations bar old claims. Workers who tolerate underpayment for years, then finally decide to act, may find that earlier violations are time-barred. Don't accept wage violations as normal. Address them promptly while claims are fresh and evidence is available.
Some workers don't know their legal rights. They may not realize they're entitled to overtime, that tip credit rules require employers to make up minimum wage shortfalls, or that final paychecks have specific deadlines. Learn the law that applies to your situation before making claims.
Employers sometimes classify workers as independent contractors to avoid wage obligations when they should be employees. If your employer controls how you work, sets your hours, provides equipment, and treats you like an employee in all but name, you may be misclassified. Challenge improper classification.
Some employers ask workers to sign releases or agreements waiving wage claims, often at termination. These documents may not be enforceable, especially for FLSA claims, which cannot be waived without court or DOL approval. Review any documents carefully and consult an attorney before signing releases.
Workers required to work before clocking in, after clocking out, during unpaid breaks, or from home often don't document this time. If your employer requires or permits off-the-clock work, document every instance. This time is compensable.
Daily underpayments add up. An extra 15 minutes of unpaid work per day equals over 65 hours per year. Under Louisiana law, you can recover the wages plus penalties and attorney fees, making even moderate claims worthwhile. Don't dismiss violations as too small.
Workers often lose access to work emails, time systems, and documentation upon termination. Before you leave (or as soon after as possible), save copies of schedules, time records, pay stubs, and any other relevant documents. You may not be able to access them later.
While simple final paycheck claims may be suitable for small claims court, complex claims involving overtime calculations, tip credit violations, or class actions benefit from legal representation. Under FLSA and Louisiana law, the employer pays attorney fees if you prevail, making representation economically feasible.
Workers who file wage claims and then experience retaliation sometimes don't report it, fearing more retaliation or believing nothing can be done. Retaliation is illegal and can significantly increase your recovery. Document and report any retaliation immediately.
Overtime is calculated per workweek (seven consecutive 24-hour periods), not per day or per pay period. Working 10-hour days four days a week doesn't trigger overtime if total hours are 40 or less. Conversely, working 45 hours in one week of a bi-weekly pay period triggers overtime for that week regardless of the other week.
Frequently Asked Questions About Unpaid Wages in New Orleans
Under Louisiana Revised Statutes 23:631, if you were discharged, your employer must pay all wages due within 15 days or by the next regular payday, whichever comes first. If you resigned, payment is due by the next regular payday or within 15 days, whichever comes first. Missing these deadlines can trigger penalties of up to 90 days' additional wages.
Under Louisiana Revised Statutes 23:632, an employer who fails to pay wages when due may be liable for 90 days of wages at your daily rate, or full wages from the time you make demand until payment, whichever is less. This penalty is in addition to the actual wages owed. If the employer had no reasonable grounds for non-payment, you may also recover attorney fees.
Yes. Under the Fair Labor Standards Act, most employees must receive time-and-a-half pay for hours worked over 40 in a workweek. If you're owed overtime, you can recover the unpaid amount plus an equal amount as liquidated damages (doubling your recovery), plus attorney fees. Some employees are exempt from overtime requirements, but exemptions are narrow and often misapplied by employers.
Misclassification as an independent contractor doesn't eliminate your wage rights. If you were actually an employee under the economic reality test (employer controlled your work, you were economically dependent on them, etc.), you're entitled to minimum wage, overtime, and other employee protections. You can file for reclassification and recover unpaid amounts.
You can file a wage claim with the Louisiana Workforce Commission by contacting them at (225) 342-3111 or through their website at www.laworks.net. Provide details of your employment, the wages owed, and documentation if available. The Commission can investigate and attempt to collect unpaid wages, though enforcement resources are limited.
Under the Fair Labor Standards Act, you can claim unpaid wages going back two years for non-willful violations, or three years for willful violations. Under Louisiana law, the prescriptive period is generally three years. Act promptly to preserve your full claims before older violations become time-barred.
Yes, you can file a wage claim while still employed. Both federal and Louisiana law prohibit retaliation for filing wage complaints or participating in wage proceedings. If you experience retaliation, document it and report it; retaliation is illegal and can add to your recovery.
An employer's inability to pay doesn't eliminate your legal right to wages. You can still file claims, obtain judgments, and pursue collection. If the employer is still in business, wage liens, garnishment, and other collection tools may work. If the employer files bankruptcy, wage claims have priority over many other debts.
What to Expect When Resolving Unpaid Wage Disputes in New Orleans
Understanding realistic outcomes helps New Orleans workers navigate wage disputes effectively. Resolution can come through various channels, and knowing what to expect at each stage prepares you for the process.
Many unpaid wage disputes, especially simple final paycheck claims, resolve with a properly drafted demand letter. When faced with a demand citing Louisiana law and threatening penalties, employers often pay rather than face litigation. A demand letter that demonstrates legal knowledge, includes precise calculations, and sets clear deadlines frequently prompts prompt payment.
The Louisiana Workforce Commission and U.S. Department of Labor Wage and Hour Division can investigate wage complaints and seek back wage recovery. DOL investigations, in particular, have significant power: employers often settle during investigation rather than face formal enforcement. Agency investigations may take weeks to months, and not all complaints result in full recovery, but agency involvement often motivates employer cooperation.
If you file suit, potential recoveries include the unpaid wages themselves, FLSA liquidated damages (equal to the unpaid wages, effectively doubling recovery), Louisiana's 90-day penalty, attorney fees and costs, and interest. Courts that find employers violated wage laws typically award these damages. However, collecting a judgment depends on the employer's ability to pay.
Many wage cases settle before trial. Employers facing clear liability often prefer settlement to the uncertainty and expense of litigation. Settlements may involve payment of wages owed, some portion of penalty damages, and attorney fees. The strength of your documentation significantly affects settlement value.
For wage violations affecting multiple workers, class or collective actions may be appropriate. FLSA permits collective actions where affected employees opt in. These larger cases often produce substantial settlements or verdicts but take longer to resolve. If you believe coworkers experienced similar violations, an attorney can evaluate class action potential.
Simple final paycheck claims may resolve within weeks of a demand letter. Agency investigations typically take one to six months. Litigation can take a year or more, especially if the employer contests liability. Appeals add additional time. Plan for a potentially lengthy process while pursuing resolution actively.
A judgment is only as valuable as your ability to collect. Employers with assets, ongoing operations, and regular income are more collectible than defunct businesses or judgment-proof individuals. Wage liens, bank levies, and garnishment are tools for collection, but they require effort and sometimes additional legal proceedings.
New Orleans Unpaid Wage Resources and Contacts
New Orleans workers have access to various resources for assistance with unpaid wage claims. Here are the essential contacts:
1. U.S. Department of Labor, Wage and Hour Division - New Orleans District
Investigates FLSA violations including overtime, minimum wage, and tip violations.
Address: 600 S. Maestri Place, Room 827, New Orleans, LA 70130
Phone: 1-866-4-USWAGE (1-866-487-9243)
Website: www.dol.gov/agencies/whd
2. Louisiana Workforce Commission
Handles state wage payment law complaints and unemployment issues.
Phone: (225) 342-3111
Website: www.laworks.net
3. City Court of New Orleans (Small Claims)
Handles wage claims up to $5,000 without requiring an attorney.
First City Court: 421 Loyola Avenue, Room 101, New Orleans, LA 70112
Phone: (504) 407-0471
Second City Court: 727 S. Broad Street, Room 114, New Orleans, LA 70119
Phone: (504) 407-0522
4. Southeast Louisiana Legal Services (SLLS)
Provides free legal assistance to income-eligible individuals for employment matters.
Address: 1010 Common Street, Suite 1400, New Orleans, LA 70112
Phone: (504) 529-1000 or toll-free 1-800-349-6070
Website: www.slls.org
5. Louisiana State Bar Association Lawyer Referral Service
Provides referrals to attorneys who handle employment and wage cases.
Phone: 1-800-421-5722
Website: www.lsba.org
6. Equal Employment Opportunity Commission (EEOC) - New Orleans Office
Handles discrimination complaints that may intersect with wage issues.
Address: 500 Poydras Street, Suite 809, New Orleans, LA 70130
Phone: 1-800-669-4000
Website: www.eeoc.gov
7. National Labor Relations Board (NLRB) - Region 15
Handles complaints about union organizing and collective bargaining issues.
Address: 600 S. Maestri Place, Room 726, New Orleans, LA 70130
Phone: (504) 589-6361
Website: www.nlrb.gov
8. New Orleans Workers' Center for Racial Justice
Provides worker advocacy and organizing support.
Website: www.nowcrj.org
9. Louisiana Attorney General Consumer Protection Section
May assist with wage-related unfair business practices.
Phone: (225) 326-6400 or toll-free 1-800-351-4889
Website: www.ag.state.la.us
The Wage War Playbook
Know the Deadlines
Most states give employers a limited time to fix wage violations. Know your state's laws.
Document the Theft
Timesheets, emails, texts, promises… gather every shred of evidence.
Calculate *Everything*
Regular hours, overtime, breaks, commissions. Don't let them shortchange you a single cent.
Your Paycheck's Bill of Rights
Many states have serious penalties for wage theft, including double or triple damages. Know your rights.
Louisiana Unpaid Wages Laws
Applicable Laws
- Louisiana Wage Payment Act
- La. R.S. § 23:631 to 23:637
Small Claims Limit
$5,000
Consumer Protection Agency
Louisiana Workforce Commission
Wage War FAQ
When should I send a demand letter?
The moment they miss a payment or short your check. Don't let it slide - delays can hurt your claim.
What if they retaliate?
Retaliation for wage complaints is illegal in most states. Document everything and consider filing with your state labor board.
Can I recover unpaid overtime?
Yes. If you worked over 40 hours/week and weren't paid time-and-a-half, you may recover the unpaid amount plus penalties.
What about my final paycheck?
Most states require final paychecks within days of termination. Late payment often triggers automatic penalties.
How far back can I claim unpaid wages?
Typically 2-3 years for federal claims, but state laws vary. Some states allow claims going back further.
Do I need to prove my hours?
Any evidence helps: timecards, emails with timestamps, text messages, witness statements, or reconstructed schedules.
Can I file anonymously?
Not typically, but there are strong anti-retaliation protections. Some claims through labor boards offer more privacy than lawsuits.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.