Louisiana
Louisiana Final Paycheck Laws: Deadlines and Penalties
Independently fact-checked against primary sources (last audited August 13, 2026). · 5 primary sources cited on this page. How we verify our legal content
Louisiana gives departing workers one of the more employee-friendly final-paycheck deadlines in the South: whichever comes first, the next regular payday or 15 days after separation. Miss that window and the employer's own back wages keep accruing under a penalty formula the court applies automatically, not one the employee gets to pick.
Jurisdiction scope: This page covers Louisiana's private-sector final-paycheck statutes, La. R.S. 23:631 through 23:635, as currently codified following the 2025 amendments (Act 113, effective August 1, 2025). It does not cover public-sector employment or a workplace governed by a collective bargaining agreement with its own pay-timing terms.
When Is My Final Paycheck Due If I'm Fired in Louisiana?
Louisiana law requires an employer to pay a discharged employee's earned wages on or before the next regular payday, or no later than 15 days after the discharge, whichever happens first. The statute applies to "any laborer or other employee," regardless of whether they were paid by the hour, day, week, or month.
"Upon discharge... 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... on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first." La. R.S. 23:631(A)(1)(a)
Because the rule is "whichever occurs first," an employer with a monthly pay cycle cannot simply wait for the next payday if that payday is more than 15 days away. The 15-day outer limit controls in that case.
When Is My Final Paycheck Due If I Quit in Louisiana?
Louisiana applies the same "whichever occurs first" structure and the same 15-day outer limit whether you were fired or you resigned, but the resignation subsection words the payday half slightly differently. Wages are due "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," La. R.S. 23:631(A)(1)(b). In practice the two deadlines rarely produce a different date. Louisiana does not give a faster deadline for an employee who gives advance notice before quitting, the way a handful of other states do.
What Happens If My Louisiana Employer Pays Late?
Louisiana's waiting-time penalty, La. R.S. 23:632, is frequently misdescribed as letting an employee pick between two payout formulas. It does not. The statute requires the court to award whichever amount is the LESSER of the two:
"[Liability for] ninety days wages at the employee's daily rate of pay, or else for full wages from the time the employee's demand for payment is made until the employer shall pay or tender the amount of unpaid wages due to such employee, whichever is the lesser amount." La. R.S. 23:632(A)
If the employer disputed the amount owed in good faith, and a court later finds the employer did in fact owe it, the employer's liability is instead capped at the disputed amount plus judicial interest running from the date suit was filed, not the full 90-day or demand-to-payment formula. A prevailing employee also recovers reasonable attorney fees in any well-founded suit for unpaid wages, La. R.S. 23:632(C). Sending a written demand for payment matters practically: it starts the "full wages from demand" clock under the statute's second formula and is a normal first step before filing suit.
Is My Earned Vacation Pay Protected in Louisiana?
Louisiana has no single statute setting a numeric vacation-payout mandate. Instead, two related provisions protect vacation that has already been earned under your employer's own policy:
- La. R.S. 23:631(D) bars an employer from interpreting the statute to allow forfeiture of vacation pay actually earned under the employer's policy.
- La. R.S. 23:634 independently voids any contract clause that purports to forfeit earned wages on discharge or resignation.
There is a narrow exception in 634: an employer may recoup certain pre-employment screening costs, such as a drug test, if the employee resigns within ninety working days from his first day of work, is paid not less than one dollar above the existing federal minimum wage, and is not a part-time or seasonal employee, and even that exception does not apply if the employee resigned because of a substantial change in employment. This carve-out is not a vacation-forfeiture mechanism; it is a separate, narrow cost-recovery rule.
Can My Employer Deduct From My Final Paycheck or Hold It for Company Property?
Louisiana bars fines and deductions from wages except in two narrow situations: willful or negligent damage to the employer's goods, work, or property, or theft of the employer's funds where the employee was convicted or pled guilty. Even then, the deduction cannot exceed the actual damage done.
"[No person] shall... assess any fines against said laborer or employee, or... deduct any sum as fine from their wages... this provision shall not apply to fines imposed for the wilfull or negligent damage of goods or works... nor for the conviction... of the theft of the employer's funds, provided that such fines... shall not exceed the actual damage done." La. R.S. 23:635
This directly answers the common "they're holding my check until I return my laptop" question: Louisiana law does not let an employer withhold an entire paycheck as leverage for unreturned property. A dispute over the property itself is a separate matter from the earned wages, which remain due on the 631 deadline.
How to Recover Unpaid Final Wages in Louisiana
The primary enforcement path in Louisiana is a private civil suit for unpaid wages, the 23:632 penalty, and attorney fees, filed in district court (small claims is available for smaller amounts). La. R.S. 23:633(D) separately requires employers to post a notice telling workers to lodge a wage complaint with the employer first and, if that does not resolve it, to report the violation to the office of workforce development within Louisiana Works, the agency formerly named the Louisiana Workforce Commission. That reporting channel does not replace the civil suit, which is where the 23:632 penalty and attorney fees are awarded. The general Louisiana prescriptive period for recovering compensation for services rendered, including wages, is 3 years under Civil Code article 3494.
Information last verified on 2026-08-12. This article is general legal information, not legal advice, and has not yet been reviewed by a licensed attorney. For guidance about your specific situation, consult an employment lawyer licensed in Louisiana.
Related Resources
- Final Paycheck Laws by State
- Can an Employer Withhold Your Paycheck?
- PTO Payout Laws by State
- Louisiana At-Will Employment Laws
- Louisiana Whistleblower Laws
- Louisiana Statute of Limitations
- Louisiana Debt Collection Laws
- How to Stop Wage Garnishment
- Louisiana Bankruptcy Laws
Last updated: 2026-08-12.
More Louisiana Laws
- Louisiana At-Will Employment Laws
- Louisiana Debt Collection Laws
- Louisiana Statute of Limitations
- Louisiana Whistleblower Laws
Frequently Asked Questions
What is Louisiana's final paycheck law?
La. R.S. 23:631 requires an employer to pay a discharged or resigning employee's earned wages on or before the next regular payday, or no later than 15 days after separation, whichever comes first. The 15-day outer limit is the same whether you were fired or you quit, and the resignation subsection measures the payday half by the pay cycle you were working in at separation.
How long can a Louisiana employer hold your last paycheck?
No more than 15 days after separation, or the next regular payday if that comes sooner. There is no separate faster rule for employees who give notice before quitting.
What is the penalty for a late final paycheck in Louisiana?
Under La. R.S. 23:632, a court awards whichever is LESS: 90 days' wages at the employee's daily rate, or full wages running from a written demand until payment, unless the employer disputed the amount in good faith. It is automatic math applied by the court, not the employee's choice between the two.
Can a Louisiana employer withhold my last paycheck for unreturned equipment?
No. La. R.S. 23:635 bars fining or deducting wages except for proven willful or negligent property damage or a theft conviction or admission, capped at the actual loss. An employer cannot withhold the entire check as leverage.
Do I lose my earned but unused vacation pay if I'm fired in Louisiana?
No. La. R.S. 23:631(D) bars forfeiture of vacation pay actually earned under your employer's own policy, and 23:634 separately voids any contract clause that tries to forfeit already-earned wages.
How long do I have to sue for unpaid wages in Louisiana?
Louisiana's general prescriptive period for recovering wages and similar compensation is 3 years, under Civil Code article 3494.
Updates
Updated the enforcement section to name Louisiana Works (formerly the Louisiana Workforce Commission) and cite the posted-notice duty in La. R.S. 23:633(D), corrected the La. R.S. 23:634 preemployment-cost recoupment window to ninety working days from the first day of work, and quoted the resignation deadline in La. R.S. 23:631(A)(1)(b) as written.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Revised Statutes
§ 23:631Discharge or resignation of employees; payment after termination of employmentIn force
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.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at legis.la.gov
Cited in 278 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Beard v. Summit Institute (1998) held accrued vacation pay is an amount then due under the terms of employment, so an employer policy forfeiting it on separation violates R.S. 23:631. Becht v. Morgan Bldg. & Spas, Inc. (2003) affirmed penalty wages where a commission went unpaid past the statute's fifteen-day deadline.
Opinions citing this section in our collection:
- Beard v. Summit Institute (Supreme Court of Louisiana 1998, 707 So. 2d 1233)✓A nurse walked off her shift and her employer withheld $432 in accrued vacation pay under a job abandonment forfeiture policy. The Supreme Court of Louisiana held accrued vacation pay is an amount then due under La. R.S. 23:631, and awarded $9,720 in penalty wages plus fees.
- Becht v. Morgan Bldg. & Spas, Inc. (Supreme Court of Louisiana 2003, 843 So. 2d 1109)✓A salesman who resigned was still owed a $41.15 commission a year later. The Supreme Court of Louisiana affirmed penalty wages and fees because the stipulated facts established a La. R.S. 23:631 violation, and left open whether a contract may extend its 15 day deadline.
- Boudreaux v. Hamilton Medical Group (Supreme Court of Louisiana 1994, 644 So. 2d 619)✓A physician who resigned sought $34,812 in contractual compensation on termination, three times his average monthly income. The Supreme Court of Louisiana held that lump sum was not earned during a pay period and so was not wages under La. R.S. 23:631, reversing the penalties.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23:632Liability of employer for failure to pay; attorney fees; good-faith exceptionIn force
A. Except as provided for in Subsection B of this Section, any employer who fails or refuses to comply with the provisions of R.S. 23:631 shall be liable to the employee either for ninety days wages at the employee's daily rate of pay, or else for full wages from the time the employee's demand for payment is made until the employer shall pay or tender the amount of unpaid wages due to such employee, whichever is the lesser amount of penalty wages. B. When the court finds that an employer’s dispute over the amount of wages due was in good faith, but the employer is subsequently found by the court to owe the amount in dispute, the employer shall be liable only for the amount of wages in dispute plus judicial interest incurred from the date that the suit is filed. If the court determines that the employer’s failure or refusal to pay the amount of wages owed was not in good faith, then the employer shall be subject to the penalty provided for in Subsection A of this Section. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 202 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Beard v. Summit Institute (Supreme Court of Louisiana 1998, 707 So. 2d 1233)“…ollowing the date of resignation, whichever occurs first. La. R.S. 23:632 provides: An employer who fails or re…”
- Becht v. Morgan Bldg. & Spas, Inc. (Supreme Court of Louisiana 2003, 843 So. 2d 1109)“…23:631 and sought penalties and attorney's fees pursuant to La. R.S. 23:632. Before trial in the city court of Bato…”
- Hebert v. Insurance Center, Inc. (Louisiana Court of Appeal 1998, 97 La.App. 3 Cir. 298)“…esignation, and penalty wages and attorney fees pursuant to La.R.S. 23:632. In its answer, the Insurance Center ma…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23:634Contract forfeiting wages on discharge unlawfulIn force
A. No person, acting either for himself or as agent or otherwise, shall require any of his employees to sign contracts by which the employees shall forfeit their wages if discharged before the contract is completed or if the employees resign their employment before the contract is completed; but in all such cases the employees shall be entitled to the wages actually earned up to the time of their discharge or resignation. B. Nothing in Subsection A of this Section or in R.S. 23:631(A) shall prohibit an employer from requiring an applicant for employment who becomes an employee or an employee, provided the employee is compensated at a rate equivalent to not less than one dollar above the existing federal minimum wage and is not a part-time or seasonal employee as defined in R.S.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Morse v. J. Ray McDermott & Co., Inc. (Supreme Court of Louisiana 1977, 344 So. 2d 1353)“…11, 1892, 1894, 2031): specifically, the policy provided by La.R.S. 23:634 (prohibiting forfeiture of earned wage-…”
- Beard v. Summit Institute (Supreme Court of Louisiana 1998, 707 So. 2d 1233)“…first demand following discharge or resignation. Finally, La. R.S. 23:634 provides: No person, acting either fo…”
- Hebert v. Insurance Center, Inc. (Louisiana Court of Appeal 1998, 97 La.App. 3 Cir. 298)“…t amounts to an illicit forfeiture of wages in violation of La.R.S. 23:634. A contract has the effect of laws be…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23:635Assessment of fines against employees unlawful; exceptionsIn force
No person, acting either for himself or as agent or otherwise, shall assess any fines against his employees or deduct any sum as fines from their wages. This Section shall not apply in cases where the employees wilfully or negligently damage goods or works, or in cases where the employees wilfully or negligently damage or break the property of the employer, or in cases where the employee is convicted or has pled guilty to the crime of theft of employer funds, but in such cases the fines shall not exceed the actual damage done.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Slaughter v. Board of Supervisors of Southern University & Agricultural & Mechanical College (Louisiana Court of Appeal 2011, 2010 La.App. 1 Cir. 1049)“…king the first demand following discharge or resignation. La. R.S. 23:635 provides that the assessment of fines a…”
- Glover v. DIVING SERVICES INTERN. (Louisiana Court of Appeal 1991, 577 So. 2d 1103)“…horized the $130.00 deduction from plaintiff's paycheck; 3) La.R.S. 23:635 does not authorize the $130.00 deductio…”
- Stegall v. Orr Motors of Little Rock, Inc. (Louisiana Court of Appeal 2013, 121 So. 3d 684)“…o deduct amounts from the employee’s paycheck is limited by La. R.S. 23:635, which prohibits an employer from deduc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- La. R.S. 23:631, Payment of amount due upon discharge or resignation(legis.la.gov).gov
- La. R.S. 23:632, Liability of employer for failure to comply with 23:631; attorney fees(legis.la.gov).gov
- La. R.S. 23:634, Contract forfeiting wages on discharge unlawful(legis.la.gov).gov
- La. R.S. 23:635, Fines and deductions from wages restricted(legis.la.gov).gov
- Louisiana Civil Code art. 3494, Actions subject to a three-year prescription(legis.la.gov).gov
- La. R.S. 23:633, Duty of employer to inform employee of wage rate; posted notice; reporting violations to the office of workforce development within Louisiana Works(legis.la.gov)