§ 23:631 — Discharge or resignation of employees; payment after termination of employment

Louisiana § 23:631

• Jurisdiction: Louisiana
• Title 23: Labor and Workers' Compensation

Text

§631. Discharge or resignation of employees; payment after termination of employment
A.(1)(a) Upon the discharge of any laborer or other employee of any kind whatever,
it shall be the duty of the person employing such laborer or other employee to pay the amount
then due under the terms of employment, whether the employment is by the hour, day, week,
or month, on or before the next regular payday or no later than fifteen days following the date
of discharge, whichever occurs first.
(b) Upon the resignation of any laborer or other employee of any kind whatever, it
shall be the duty of the person employing such laborer or other employee to pay the amount
then due under the terms of employment, whether the employment is by the hour, day, week,
or month, on or before the next regular payday for the pay cycle during which the employee
was working at the time of separation or no later than fifteen days following the date of
resignation, whichever occurs first.
(2) Payment shall be made at the place and in the manner which has been customary
during the employment, except that payment may be made via United States mail to the
laborer or other employee, provided postage has been prepaid and the envelope properly
addressed with the employee's or laborer's current address as shown in the employer's
records. In the event payment is made by mail the employer shall be deemed to have made
such payment when it is mailed. The timeliness of the mailing may be shown by an official
United States postmark or other official documentation from the United States Postal
Service.
(3) The provisions of this Subsection shall not apply when there is a collective
bargaining agreement between the employer and the laborer or other employee which
provides otherwise.
B. In the event of a dispute as to the amount due under this Section, the employer
shall pay the undisputed portion of the amount due as provided for in Subsection A of this
Section. The employee shall have the right to file an action to enforce such a wage claim and
proceed pursuant to Code of Civil Procedure Article 2592.
C. With respect to interstate common carriers by rail, a legal holiday shall not be
considered in computing the fifteen-day period provided for in Subsection A of this Section.
D.(1) For purposes of this Section, vacation pay will be considered an amount then
due only if, in accordance with the stated vacation policy of the person employing such
laborer or other employee, both of the following apply:
(a) The laborer or other employee is deemed eligible for and has accrued the right
to take vacation time with pay.
(b) The laborer or other employee has not taken or been compensated for the
vacation time as of the date of the discharge or resignation.
(2) The provisions of this Subsection shall not be interpreted to allow the forfeiture
of any vacation pay actually earned by an employee pursuant to the employer's policy.
E.(1) For purposes of this Section and R.S. 23:634, compensation available in the
form of commission, incentive pay, or bonus shall be considered an amount then due only
if, at the time of separation, the compensation has been earned and not modified in
accordance with a written policy addressing the commission, incentive pay, or bonus.
(2) The following provisions shall be lawful:
(a) A policy providing for adjustments to the amount based on changes to the order
generating a commission which affects the amount of the commission.
(b) A policy providing that a payment to the laborer or employee is not earned unless
and until the employer has received the payment which generates the commission, incentive
pay, or bonus.
(3) In the case of a bonus, the amount of which is determined by financial
information reflecting the employee's or employer's performance on an annual, quarterly, or
other periodic basis, a reasonable amount of time, not to exceed one hundred twenty calendar
days from the end of such periodic basis, shall be allowed based on standard accounting
practices used by the employer to make the determination as to whether a bonus is due and
the amount thereof.
F. The provisions of this Section and R.S. 23:634 shall not apply to profits interest
granted or issued by an entity taxed as a partnership for federal income tax purposes.

Legislative History

Amended by Acts 1977, No. 317, §1; Acts 1988, No. 602, §1; Acts 1995, No. 325, §1; Acts 1997, No. 56, §1; Acts 2001, No. 1171, §1; Acts 2003, No. 699, §1; Acts 2024, No. 556, §1; Acts 2025, No. 113, §1.