Breaux v. Hoffpauir

674 So. 2d 234, 1996 WL 266572
CourtSupreme Court of Louisiana
DecidedMay 21, 1996
Docket95-C-2933
StatusPublished
Cited by27 cases

This text of 674 So. 2d 234 (Breaux v. Hoffpauir) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Breaux v. Hoffpauir, 674 So. 2d 234, 1996 WL 266572 (La. 1996).

Opinion

674 So.2d 234 (1996)

Rodney BREAUX
v.
Wilfred HOFFPAUIR and Louisiana Workers' Compensation Corporation.

No. 95-C-2933.

Supreme Court of Louisiana.

May 21, 1996.

*235 Michael Benny Miller, Miller & Miller, Crowley, for Applicant.

David Keith Johnson, Baton Rouge, for Defendant.

KIMBALL, Justice.[*]

I. Issue

We granted writs in this case to determine if the amount of temporary total benefits due a worker under La.R.S. 23:1021, et seq., should be computed on his actual wages earned or on the federal minimum wage provided for by the Fair Labor Standards Act, 29 U.S.C. 201, et seq., where a worker who is injured is being paid less than he is entitled to under the federal minimum wage law. We conclude that the term "wage" as used in La.R.S. 23:1021, et seq., means the legal wage that a worker must be paid under the Fair Labor Standards Act.

II. Facts

The underlying facts of this case are not disputed by the parties. Rodney Breaux ("claimant"), was employed as a farmhand by Wilfred Hoffpauir.[1] While claimant routinely worked twelve hours per day, six days per week, he was paid only $240.00 per week in wages. Claimant asserts, however, his weekly pay should have been $170.00 in regular pay and $204.00 in overtime for a total weekly wage of $374.00 under the Fair Labor Standards Act, 29 U.S.C. 201, et seq. ("the federal minimum wage law").

On October 13, 1992, claimant injured his back while unloading a bail of hay. Claimant brought this workers' compensation claim against defendants. The parties stipulated at trial that claimant's injury occurred arising out of and in the course of his employment *236 and that claimant was entitled to temporary total disability benefits pursuant to La.R.S. 23:1221(1).

At trial before the hearing officer, claimant contended that although his actual wages were below federal minimum wage, his workers' compensation benefits should be based on the federal minimum wage. The hearing officer, interpreting "wages" as used in the Workers' Compensation Act to mean "actual wages," rejected claimant's contention and based her award of benefits on claimant's actual wages of $240.00 per week. Claimant appealed this decision to the third circuit court of appeal, which affirmed. Both lower tribunals pretermitted determining whether this particular claimant in fact fell under the scope of the Fair Labor Standards Act or worked under the exceptions thereto. Claimant sought a writ in this court which was granted to resolve this issue. 95-C-2933 (La. 2/9/96).

III. The Law

Under the Louisiana Workers' Compensation Act ("the Act"), an employee who proves his entitlement to temporary total disability receives "sixty-six and two-thirds percent of wages during the period of such disability." La.R.S. 23:1221(1)(a).[2] "Wages" is defined under the Act as "average weekly wage at the time of the accident." La.R.S. 23:1021(10).

The federal Fair Labor Standards Act establishes that, subject to some exceptions, all workers should be paid at least $4.25 per hour for the first forty hours worked per week. 29 U.S.C. 206. Additionally, employers are required to pay employees one and one-half times the employee's regular rate of pay for every hour the employee works in excess of forty hours in a week. 29 U.S.C. 207.

When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. La.Civ.Code art. 9 (emphasis added); see Louisiana Associated General Contractors, Inc. v. State, Division of Administration, Office of Purchasing, 95-2105, p. 14, (La. 3/8/96), 669 So.2d 1185, 1196. Because interpretation of the instant statutes as written to mean "actual wages" in cases where such a wage is illegal under the Fair Labor Standards Act would lead to the absurd consequence of a court of this state giving further effect to an illegal wage, this court may look to the reason or reasons that prompted the legislature to enact the law. Keelen v. State Department of Culture and Recreation, 463 So.2d 1287, 1289 (La.1985); State v. Marsh, 233 La. 388, 393, 96 So.2d 643, 645 (La.1957). Courts should not adopt a hypertechnical construction of a statute to deny benefits when a reasonable interpretation can be adopted which will carry out the legislative intent. Guste ex rel. Courville v. Burris, 427 So.2d 1178, 1182 (La.1983). Furthermore, statutes should be interpreted in light of strong public policy. Gulf Oil Corp. v. State Mineral Board, 317 So.2d 576, 585 (La.1974).

The legislative intent and public policy behind the Workers' Compensation Act and the federal minimum wage law are clear. The Federal Minimum Wage Act is "remedial and humanitarian in purpose and must not be interpreted or applied in a narrow, grudging manner." New Orleans Firefighters Association v. Civil Service Commission of the City of New Orleans, 422 So.2d 402, 412 (La.1982); Tennessee Coal, Iron, and Railroad Co. v. Muscoda Local No. 123, 321 U.S. 590, 597, 64 S.Ct. 698, 703, 88 L.Ed. 949, 956 (1944). Furthermore, "[t]he motive and purpose of the legislation are plainly to make effective the congressional conception of public policy that interstate commerce should not be made the instrument of competition in the distribution of goods produced under substandard labor conditions, which competition is injurious to the commerce and to the states from and to which the commerce flows." New Orleans Firefighters Association, 422 So.2d at 412; United States v. Darby, 312 U.S. 100, 115, 61 S.Ct. 451, 457, 85 L.Ed. 609, 617 (1941); see also Yates v. KTBS, Inc., 197 So.2d 368, 370 (La.1967) (Wherein this court *237 noted both "[t]he remedial nature of [the minimum wage] statute and the great public policy which it embodies.") (emphasis added).

One of the primary goals or purposes of the Workers' Compensation Act is similar to the primary purpose of the Federal Fair Labor Standards Act—providing protection to workers. Another of the policies behind the Workers' Compensation Act is to keep the injured employee and his or her family from destitution. Stelly v. Overhead Door Co. of Baton Rouge, 94-0569, p. 3 (La. 12/8/94), 646 So.2d 905, 909. In light of the policies behind the Workers' Compensation Act, this court has adopted special rules for interpreting its provisions such that to effectuate the remedial policy of the Act, its provisions should be liberally construed in favor of the claimant. Pinkins v. Cardinal Wholesale Supply, Inc., 619 So.2d 52, 55 (La.1993).

With these precepts in mind, we turn our attention to whether "wages" as used in La. R.S.

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Bluebook (online)
674 So. 2d 234, 1996 WL 266572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breaux-v-hoffpauir-la-1996.