The majority of states require employers to provide departing employees with their final paychecks within a short period. In some cases, on the last day of their employment.
There are some states that have different time limits depending upon whether an employee quit or was fired. In many cases, an employer will break this law simply out of ignorance.
The assumption of the employer is typically that the employee will be paid according to the typical payroll schedule. Even an unintentional violation of these laws may be costly.
An employer may be liable for the following if they fail to pay a departing employee within the legal deadline:
- Additional penalties;
- Interest;
- Attorney’s fees; and
- Legal costs.
Paycheck Laws of Louisiana
Louisiana final paycheck laws provide employers with a lot of freedom when writing employee contracts. For example Louisiana law provides that employers may change an employee’s pay rate at any time so long as they provide the employee with advance notice.
This means that if an individual has questions regarding their pay, they should start by reviewing their employment contract as well as their employer’s work policies. There are, however, some basic legal provisions that ensure that employees are paid regularly for their work.
When Must Paychecks Be Sent Out in Louisiana?
Under Louisiana payroll laws, employers are permitted to choose how and when they pay their employees as long as they tell the employee when they are hired. If the employer does not choose the specific pay days, the employee must be paid on the 1st and the 16th of every month or as close to those dates as is practical.
There are, however, employees in certain industries that must be paid at least twice per month, including those working in:
- Mining;
- Oil and gas;
- Manufacturing; or
- For public service companies.
Employers in these industries are still permitted to choose the dates employees are paid. Similar to other employees, if the pay dates are not specified, an employee should be paid on the 1st and 16th of every month, or as close as is practical.
What Happens if You Are Fired?
Under Louisiana labor laws, if an employee in Louisiana is fired, laid off, or quits, the employer is required to pay all of the wages owed to that employee by either the next scheduled payday or within 15 days of the end of their employment, whichever comes first. Although Louisiana does not require an employer to provide vacation days, if they do offer paid vacation, the employee must be compensated for any unused vacation days when they leave the company.
Can Your Paycheck Be Garnished in Louisiana?
The majority of creditors can obtain the right to garnish wages. However, they are first required to take the issue to a local court and have the court acknowledge the individual’s failure to pay what is owed.
Certain debts, however, may cause an individual’s paycheck to be garnished without a court proceeding, including:
- Unpaid income taxes;
- Court ordered child support;
- Late child support; and
- Defaulted student loans.
In general, the amount that may be garnished from a weekly paycheck is called at the smaller amount of 25% of their take-home paycheck or 30 times the federal minimum wage, which would be $217.50. There are, however, a few exceptions, such as with child support payments where up to 50% of a paycheck may be withheld.
What Does “Withholding Salary” Entail In an Employment Setting?
Withholding salary occurs when an employer fails to pay the employee the wages or salary that they promised to pay for the work the employee completed. For example, an employer may withhold a paycheck, or fail to issue a paycheck to the employee altogether.
Or, the employer may fail to pay the full amount of wages that the employee earned for the time period that they worked. Another way an employer may withhold pay from an employee is to make an illegal deduction from a paycheck that causes the wage paid to the employee to fall below the minimum wage.
For example, an employer may deduct the cost of uniforms that the employer requires the employee to wear while they are on the job. If this deduction results in an hourly wage that falls below the federal minimum age, the deduction may be illegal.
An employer may withhold pay from employees by failing to issue them the overtime pay to which they are entitled under federal law. Unfortunately for employees, illegal withholding of salary and wage theft are common issues.
An employee should understand their rights regarding the payment of wages or salaries under federal, state, and city laws.
Can You Recover a Withheld Paycheck in Louisiana?
An employer is not permitted to withhold or garnish any part of an employee’s wages unless:
- They are given the power under federal or state law; or
- The employee has provided written permission for their employer to withhold funds for a lawful purpose, for example, Social Security and Medicare deductions.
Under Louisiana laws, an employer is permitted to withhold funds from an employee’s paycheck only if:
- The employee willfully or negligently damages the employer’s property; or
- The employee is convicted of stealing funds from the employer.
If an employer wrongly refuses to issue an employee a paycheck or fails to pay the full amount of the wages that are due, the employee may file a claim in small claims court.
What Are the Consequences for Wrongfully Withholding Salary?
Unfortunately, in some cases, an employer will intentionally miscategorize an employee as exempt in order to avoid the minimum age and overtime requirements. This is both illegal and unethical for an employer to do.
If an employee believes they should be non-exempt, they should contact an employment lawyer or government agency that regulates wages and hours. Employees may have several options for recovering the wages that have been wrongfully withheld from their paycheck by their employer.
Steps that can be taken to remedy this issue may include:
- Administrative complaint: An employee can file an administrative complaint with an agency that regulates wages and hours;
- There are both state and federal government agencies that enforce wage and hour laws and an employee can file complaints with either of them;
- Complaint in a court of law: A lawsuit may be filed in court against an employer who withholds wages or salary without justification; and
- Report to a local prosecutor: In some situations, a local prosecutor might file criminal charges against an employer who withholds wages illegally.
Where Can You Find the Right Lawyer?
When you are an employee, it is important for you to be aware of what your employer can and cannot legally withhold from your wages. Paycheck laws are complex and may involve agencies of your local, state and federal government.
If you believe that your rights to be properly paid have been violated, it is important to consult with a Louisiana employment lawyer for any paycheck related issues you may have. Your lawyer will advise you of the laws of the state, the requirements your employer must follow, and the steps you can take to recover the wages you are due.
Your lawyer will also know which agency or court can best help you recover any wage or salary that has been withheld illegally.
