A worker in Louisiana may be able to sue their employer when they are not correctly paid. When an employer in Louisiana does not properly pay a worker the benefits, wages, or salary that they are due in a pay period, it is a form of wage theft under Louisiana labor laws and paycheck laws.
There are many different actions that employers may take that can be deemed unpaid wages, which can include:
- Taking out too much money for tips from the worker’s pay
- Not providing the worker with the proper amount of compensation for their overtime they earned
- Incorrectly classifying the worker purposefully to keep them from earning the correct amount of overtime
Wage theft can also be called other names, such as withholding salary or withholding wages. An employer can pay their worker incorrectly for numerous different reasons, including, but not limited to:
- Not properly providing paid leave or other benefits to the worker
- A clerical or administrative pay error
- Withholding overtime wages
- Not compensating a worker who has filed for disability
- Not giving the worker their proper minimum wage amount
- Failing to repay the worker for their out-of-pocket expenses
- Forcing the worker to work off the clock, meaning not paying them for time the employer required them to work
- Not correctly categorizing the worker on purpose to avoid paying them the amount they should earn
Federal laws as well as Louisiana laws provide minimum wage amounts that the majority of workers earn. According to overtime laws, there are some workers who are entitled to overtime pay if they work more than a certain number of hours each week or each day.
There are some workers who have signed employment contracts or employment agreements. These agreements outline the pay arrangement, salary, or benefits that a worker will earn in exchange for the completion of their job duties.
When an employer fails to pay the worker the total amount of money that they earned or to provide all of the benefits they are owed under their contract, their employer has breached their employment contract. If this happens, legal options are available for the worker to receive the compensation they are owed.
What Should I Do if My Employer Has Not Paid Me?
There may be multiple legal options that are available to a worker in Louisiana when their employer does not pay them properly or give them the benefits they are owed. When their employer has not paid them the benefits they are owed, the options that may be available to the worker include:
- Filing a wage complaint
- Filing a federal lawsuit
- Getting assistance from a union
Filing a wage complaint
In situations when workers do not receive proper compensation from their employers, one of the first things they can do is to submit a complaint to the Wage and Hours Division (WHD) of the United States Department of Labor. Workers should know that there is likely a statute of limitations, or time limit, that may apply to their claims.
If a worker files a wage complaint, an investigator from the WHD will interview the worker and their employer, review the pay records, and make a determination of whether labor laws were violated.
Filing a federal lawsuit
In some cases, a worker might be able to file a federal lawsuit against an employer. A federal lawsuit may be filed up to two years after the day the worker’s wages became unpaid or the date the violation occurred.
If the employer has purposely violated labor laws, the statute of limitations may be extended to three years. A worker will not be able to file a federal lawsuit if they have received compensation after they filed a complaint with the WHD.
Getting assistance from a union
When a worker is a union member, they may be able to resolve their wage issue through their union representative. A union can communicate with the worker’s employer to help resolve their issue.
To get more information on resolving a Louisiana wage claim, it is important to consult with a local Louisiana lawyer.
How Do I File an Unpaid Wages Complaint?
If a worker has an issue with their wages that results from a mistake or administrative oversight, it can be possible to resolve their issue using the employer’s Human Resources (HR) department. If there is an issue that cannot be resolved through the employer’s HR department, it may be possible for a worker to file a lawsuit in court.
Employers are prohibited from firing or punishing a worker in any way who filed an unpaid wages claim. If a worker determines that they need to file an unpaid wages claim, they should take certain steps, such as:
- Providing notification to the employer that there are unpaid wages
- Request the unpaid wages amount or other compensation be provided
- Reporting that the employer violated the Fair Labor Standards Act (FLSA) to the Wage and Hour Division (WHD) of the United States Department of Labor
- Submitting a claim for unpaid wages to the proper government agency, such as the Equal Employment Opportunity Commission (EEOC)
When a worker does not know which agency they should file their complaint with, they can get help and advice from an attorney. When their claim is not successful, their attorney can give them advice about filing a lawsuit to receive the compensation they are owed.
If there are numerous workers who have the same issues with the same employer, it may be possible to file a class action lawsuit to resolve their issue. An unpaid wages claim can also involve other issues, including employment discrimination, that are based on a worker’s race, gender, or other protected characteristics.
How Much Can I Sue for Unpaid Wages?
The amount that a worker will be permitted to request in their unpaid wages claim will depend on the amount of money or the benefits they are owed by their employer. Generally, workers can request and receive the amount they are owed in addition to court costs and attorney’s fees.
What Are the Legal Consequences and Remedies for Unpaid Wages?
Employers cannot withhold wages, salaries, or benefits that workers have earned. Employers can face consequences in unpaid wages lawsuits, including, but not limited to:
- Civil fines
- Reviewing and revising company policies
- Suspension or loss of a business license
- Changing the policy or policies that led to the worker’s unpaid wages
- Firing the supervisor or worker responsible for the unpaid wages issue
- Paying compensatory damages to the worker for the lost wages and other costs
Compensatory damages, in some cases, may be enough to compensate the worker completely. In addition, there can be other types of remedies that are awarded in unpaid wages claims.
These may include reinstating the worker to their previous position if they were fired or making the employer pay punitive damages when their conduct was willful and outrageous.
How Can I Prove an Unpaid Wages Claim?
An unpaid wages claim is typically shown through documents that outline the unpaid wages that the worker earned. If an unpaid wages claim is filed, it will usually involve reviewing records, documents, and witness statements.
There are many different examples of records and documents that can be used as evidence in unpaid wages claims, such as:
- Receipts
- Pay stubs
- Timesheets
- Tax papers, such as W2s
- Other relevant documents
Workers should keep records of any of the wages and overtime that they earn every pay period even when they are not currently involved in a dispute. That way, the worker will be prepared if any type of wage issue does arise with their employer in their future.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
When you have any type of issue with receiving your wages, benefits, or overtime you earned in the State of Louisiana, it is important to reach out to a Louisiana employment attorney. Your attorney will be able to help you resolve your wage issue and get the wages and benefits you earned.
LegalMatch provides a free and easy attorney matching service that you can take advantage of simply by submitting your wage concern in as little as 15 minutes. You will usually receive responses from member lawyers in about 24 hours who are ready to help you obtain the compensation that you have earned.
