Did you recently leave your job? Were you let go? What if you realize that your employer still owes you wages in Baton Rouge? No matter the reason for you leaving your job or being let go, your employer is required to pay you your wages due. If your employer fails to pay, you have a wage claim case.
Louisiana Wage Claim Law
Although Louisiana does not have its own wage and hour laws, Louisiana employers must comply with the federal Fair Labor Standards Act (FLSA). The FLSA regulates minimum wage, overtime, and other wage rules. If your employer has failed to pay you properly or in a timely fashion, you may be entitled to recover not only your unpaid wages but also penalties intended to punish your employer for wage violations, according to Nolo.
- Employees who are fired, discharged, terminated, or laid off
When an employer discharges or lays off an employee, the employer must pay the employee all wages due by the next regular payday or within 15 days, whichever occurs first, according to Louisiana Stat. 23:631
● Employees who quit or resign
When an employee quits, an employer must pay the employee all wages due by the regular payday on which the employee would have been paid if employment had continued or within 15 days, whichever occurs first, according to Louisiana Stat. 23:631
- Employees who are suspended or resigns due to a labor dispute (strike)
An employer must pay an employee who resigns due to a labor dispute by the regular payday on which the employee would have been paid if employment had continued or within 15 days, whichever occurs first, according to Louisiana Stat. 23:631
Any Louisiana employee who is laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 15 days from the date of their discharge or termination. Wages include vacation time earned by the employee, according to Workplace Fairness.
How Long Do You Have to File a Wage Claim?
Whether you were fired or chose to leave your job, if you realize your employer still owes you wages, you need to move fast! As Workplace Fairness warns, there are strict time limits in which charges of unpaid wages must be filed. Louisiana abides by federal employment law when it comes to wage claims. To preserve your claim under federal law, you must file a lawsuit in court within two years of the violation for which you are claiming back wages. However, in the case of an employer’s willful violation, a three-year statute applies. But don’t assume that this is a relaxed time frame. You might have other legal claims with shorter deadlines, so don’t waste time in filing your claim. Get started right away, and if you have questions about your case, contact an experienced employment law attorney.
What If You’re Fired Because You Filed a Wage Claim?
According to Workplace Fairness, it is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA. Willful violations may be prosecuted criminally and the violator fined up to $10,000. A second conviction may result in imprisonment. Employers who willfully or repeatedly violate the minimum wage requirements are subject to a civil money penalty of up to $1,000 for each such violation.
It is illegal for your employer to fire you (or demote or punish you) because you filed a wage claim. However, this kind of situation is all too common. If your employer is retaliating against you because you made a wage claim or inquiry, contact an aggressive wage claim attorney so that you can fight back. Don’t allow this injustice to happen. You have the right to file a wage claim or make an inquiry regarding missing wages.
How Can We Help?
Are you missing your rightful wages in Baton Rouge? You’re protected under law and have the right to make a claim! Wage claim cases can get complicated, especially if your employer refuses to pay or challenges the amount of wages you are claiming. In order to move your case along as quickly as possible, and increase your chances of recovering the full amount of missing wages you are owed, it’s in your best interest to get help from an employment law firm. Miller, Hampton & Hilgendorf have years of experience working with wage claim cases similar to yours. Don’t risk losing your chance to claim justice! Start your wage claim case today and recover your missing wages! Call 225-343-2205 or send us a message online.
3960 Government St.
Baton Rouge, LA 70806