Louisiana Labor Law Guide 2026: Wages, Overtime, Breaks, and Final Pay

Louisiana's economy leans on energy, petrochemicals, shipping through the Port of New Orleans and Baton Rouge, healthcare, and a large hospitality and call center workforce. The state has no minimum wage law and no overtime statute, so federal law sets the floor, but its wage payment statute carries one of the sharpest penalties in the country for late final pay, and its child labor law is administered actively by the Louisiana Workforce Commission.

Minimum Wage in Louisiana

Louisiana has no state minimum wage statute. Employers covered by the FLSA pay $7.25 per hour, and tipped employees may be paid a $2.13 cash wage with a $5.12 tip credit when tips make up the difference. A 1997 state law preempts parishes and municipalities from setting a private-sector minimum wage, so there is no local rate in New Orleans or Baton Rouge.

Bills to create a state minimum wage are filed most sessions and have not passed. The Louisiana minimum wage guide covers the tipped rules, FLSA coverage for small employers, and the legislative record.

Overtime Rules

Louisiana has no overtime statute of its own. Non-exempt employees earn 1.5 times their regular rate for hours over 40 in a workweek under the FLSA. There is no daily overtime and no state salary threshold; the federal $684 per week figure governs exemptions.

Worked example at the federal minimum: 45 hours in a week pays 40 hours at $7.25 ($290.00) plus 5 hours at $10.875 ($54.38), or $344.38 gross. Try the overtime calculator for other rates. Unpaid overtime claims go to the US Department of Labor's Wage and Hour Division; the state does not investigate them. Our overtime pay laws in the US guide explains the regular-rate rules for shift differentials, which are common in Louisiana's 24-hour plants and contact centers.

Meal and Rest Breaks

Louisiana does not require meal or rest breaks for employees 18 and older. The federal rules apply to breaks an employer chooses to give: short rest breaks are paid, and a meal period of 30 minutes or more can be unpaid only when the employee is fully relieved of duty.

Break type	Requirement	Applies to
Meal break	Not required by state law	Employees 18 and older
Rest break	Not required by state law	Employees 18 and older
Minor's meal break	30 minutes for every 5 hours worked	Employees under 18
Minor's rest between shifts	8 consecutive hours off between the end of one workday and the start of the next	Employees under 18

The minor's break rule is enforced by the Louisiana Workforce Commission and is the most commonly cited violation in retail and food service. Our rest and meal break laws by state guide and the break time calculator help schedule compliant shifts.

Paid Sick Leave and Other Leave

Louisiana has no paid sick leave law and preempts local mandates. Leave rights are federal with a few state additions.

Leave type	Louisiana rule
Paid sick leave	Not required
Family and medical leave	Federal FMLA; Louisiana adds up to 4 months of unpaid pregnancy disability leave at employers with 25 or more employees
Jury duty	Employers must give leave and may not penalize an employee; one day of jury service must be paid in full at employers of any size
Voting	No general statute requiring time off
Military	Federal USERRA plus state protection for National Guard members
Bone marrow donation	Up to 40 hours of paid leave at employers with 20 or more employees
School and daycare activities	Up to 16 hours of unpaid leave per year for parents

The one-day paid jury duty rule surprises out-of-state employers. See jury duty laws in the US and paid sick leave laws in the US for the multi-state view.

PTO Payout and Final Paychecks

Louisiana Revised Statutes 23:631 requires an employer to pay a discharged or resigning employee all amounts due "on or before the next regular payday or no later than fifteen days following the date of discharge or resignation, whichever occurs first." Payment can be made at the usual place of payment or by mail if the employee requests it.

The teeth are in R.S. 23:632. An employer that fails to pay on time after a written demand owes penalty wages of the employee's full daily rate for up to 90 days, or until paid, plus reasonable attorney fees. Courts have limited the penalty where the employer had a good-faith dispute, but the exposure makes prompt final pay a priority.

Accrued vacation is treated as wages due at separation when the employee is eligible for it under the employer's policy and has not used it. Louisiana law does allow a written policy to set conditions on vacation, but a policy that forfeits earned vacation is often unenforceable. Our PTO payout laws by state guide lists Louisiana among the payout-required states.

Pay frequency: R.S. 23:633 requires manufacturers with 10 or more employees, and public service corporations, to pay at least twice a month at intervals of no more than 16 days. Other employers set their own regular paydays.

Exempt vs Non-Exempt Employees

Louisiana uses the federal exemption tests. An employee is exempt only if paid a salary of at least $684 per week and primarily performing executive, administrative, professional, computer, or outside sales duties. Job titles and salary alone do not create an exemption. See exempt vs non-exempt employees and the FLSA exemption flowchart.

Child Labor Rules

Louisiana requires an employment certificate, often called a work permit, for every minor under 18 before work begins. Certificates are issued by school officials or the Louisiana Workforce Commission, and the employer must keep the certificate on file at the worksite.

Age group	School days	Non-school days	Hours of day	Other rules
Under 16	3 hours a day, 18 hours a week	8 hours a day, 40 hours a week, no more than 6 days a week	7 AM to 7 PM (until 9 PM June 1 through Labor Day for FLSA-covered employers)	30-minute meal break per 5 hours; 8 hours off between workdays
16 and 17	No state daily or weekly cap	No cap	Some restrictions on late-night hours before school days for younger 16 year olds	30-minute meal break per 5 hours; barred from hazardous occupations
Under 14	Not permitted except entertainment and narrow exceptions

The Louisiana Workforce Commission's employment of minors booklet has the full hazardous occupation list and certificate procedures. See child labor laws in the US for the federal rules that apply alongside them.

Other Louisiana Employment Rules

• Wage deductions. Deductions for fines, damage, or shortages from wages are prohibited except as allowed by statute; deductions require written authorization and cannot cut pay below the minimum wage.
• Pay statements. Employers are not required by state law to issue itemized pay stubs, but must keep payroll records; most do so under federal record-keeping rules.
• E-Verify. Employers must either use E-Verify or keep copies of specified identity documents for new hires, and E-Verify is mandatory for state contractors.
• Non-compete agreements. Enforceable only if limited to a maximum of 2 years and to specified parishes or municipalities named in the agreement.
• Pregnancy accommodation. Employers with 25 or more employees must provide reasonable accommodations for pregnancy and childbirth.
• Smoking. The Louisiana Smoke-Free Air Act bars smoking in most enclosed workplaces.

Hiring, Termination, and Record-Keeping

Louisiana is an at-will state. The Louisiana Employment Discrimination Law covers employers with 20 or more employees for most protected classes and is enforced through the Louisiana Commission on Human Rights, while federal law covers employers with 15 or more. Employers must give written notice of changes in pay before the work is performed.

Keep records of hours worked, wages paid, and deductions for at least 3 years under federal law, and keep minors' employment certificates and time records at the worksite. Post the Louisiana Workforce Commission's required notices, including the minor labor law placard where minors work, and the federal posters. A time card calculator with a signed timekeeping policy supports the hours record the 15-day final pay calculation depends on.

Frequently Asked Questions

Is Louisiana an at-will state? Yes, subject to discrimination and retaliation protections.

Does Louisiana require lunch breaks? Not for adults. Minors under 18 must receive a 30-minute break for every 5 hours worked.

When is the final paycheck due in Louisiana? By the next regular payday or within 15 days of separation, whichever comes first, for both discharge and resignation.

What happens if a Louisiana employer pays final wages late? After a written demand, the employer can owe penalty wages of up to 90 days at the employee's daily rate plus attorney fees.

Does Louisiana have paid sick leave? No, and local governments cannot require it.

How many hours can a minor work in Louisiana? Minors under 16 can work 3 hours on a school day and 18 in a school week, or 8 hours a day and 40 a week on non-school days, with a 30-minute break every 5 hours. All minors under 18 need an employment certificate.

Does Louisiana have a state minimum wage? No. The federal $7.25 rate applies, and parishes cannot set their own.

Does Louisiana pay out unused vacation? Generally yes; earned, unused vacation is treated as wages due at separation.

Sources

• Louisiana Workforce Commission: Employment of Minors Informational Booklet (PDF)
• Louisiana Workforce Commission: Minor Labor Law
• Louisiana Workforce Commission: Minor Labor Law Placard (PDF)
• US Department of Labor: State Minimum Wage Laws
• US Department of Labor: State Payday Requirements