Louisiana Final Paycheck Law — deadline & penalty calculator

Frequently Asked Questions

• When must a Louisiana employer pay a final paycheck after firing an employee?

  Under La. R.S. 23:631 (as of 2026), the employer must pay all earned wages by the next regular payday or within 15 days of the discharge date, whichever occurs first. For example, if an employee is fired on the 3rd of the month and the next payday is the 10th, the employer has until the 10th (less than 15 days away).

• When must a Louisiana employer pay a final paycheck after an employee resigns?

  The same rule applies whether the employee is fired or resigns: payment is due by the next regular payday or within 15 days of separation, whichever comes first (La. R.S. 23:631). There is no different deadline based on whether the employee gave notice.

• What is the penalty for a late final paycheck in Louisiana?

  Under La. R.S. 23:632, the employer is liable for the lesser of: (1) 90 days of the employee's wages at their daily rate of pay, or (2) wages running from the date of the employee's written demand for payment until the employer pays. The court may also award reasonable attorney fees if the employee files suit three or more days after making a written demand.

• Does the 90-day penalty apply automatically in Louisiana?

  No. The penalty under La. R.S. 23:632 is triggered by the employee's written demand for payment after the deadline has passed. Without a written demand, the penalty clock does not run. Additionally, if the employer disputes the amount in good faith, the court may reduce liability to only the disputed wages plus judicial interest.

• Does Louisiana require payment of accrued vacation in the final paycheck?

  Only if the employee earned and accrued vacation under the employer's written policy and has not already received it (La. R.S. 23:631). Louisiana does not automatically require payout of unused PTO — it depends on the employer's established policy.

• Are commissions owed in a Louisiana final paycheck?

  Yes, if the employee earned commissions per the employer's written policy at the time of separation. However, La. R.S. 23:631 allows the employer to adjust commissions for order modifications or conditions tied to payment receipt. Commissions not yet fully earned at separation may not be immediately payable.

• How long does a Louisiana employer have to calculate and pay bonuses after termination?

  For annual or quarterly bonuses, La. R.S. 23:631 allows the employer up to 120 days to calculate the amount based on standard accounting practices. This is an exception to the standard 15-day final paycheck rule.

• Can a Louisiana employer mail the final paycheck instead of delivering it in person?

  Yes. La. R.S. 23:631 allows the employer to send the final paycheck via prepaid mail to the employee's address on file. The payment is considered made on the date it is mailed, provided the mailing is verifiable by postal documentation.

• How should an employee demand an overdue final paycheck in Louisiana?

  The employee should send a written demand (via certified mail or email with delivery confirmation) requesting all unpaid wages. The La. R.S. 23:632 penalty clock starts from the date of this written demand. If the employer fails to pay within three days of the demand, the employee may file suit and recover attorney fees in addition to the wage penalty.

• What agency enforces Louisiana final paycheck law?

  The Louisiana Workforce Commission (laworks.net) provides information about wage payment rights. Employees may also file a private lawsuit under La. R.S. 23:632 to recover unpaid wages, penalties, and attorney fees. The federal DOL Wage and Hour Division can handle FLSA violations but not Louisiana-specific wage payment claims.