Louisiana · penalty wages · La. R.S. 23:632
Louisiana penalty wages (90 days from demand)
La. R.S. 23:632(A): missed final pay under R.S. 23:631 → the lesser of 90 days at the daily rate, or full wages from demand until paid. Classic: 90 days @ $10×8h → $7,200 (CA LC 203 same 90d → $2,400; ID 15d @ $20×8h → $750; OR 8h×30 unpaid $400 no notice → $400; ME $400 unpaid after 8-day → $800 LD / $1,200). Demand required. 632(B) good-faith → $0. Not CA LC 203. Not ORS 652.150. Not Idaho § 45-607. Not Maine § 626.
What this page computes
Enter last day worked, demand date, paid date (or as-of if still unpaid), hourly rate and usual daily hours. The ticket shows daily rate × min(days from demand, 90) — the statutory lesser of 90 days wages or wages from demand until paid. Not a weekly punch OT calculator. Attorney fees (632(C)) are out of scope.
How R.S. 23:631 / 23:632 pays
§ 631: on discharge or resignation, pay the amount then due on or before the next regular payday or no later than fifteen days after separation, whichever occurs first.
§ 632(A): an employer who fails 631 is liable for either ninety days wages at the employee's daily rate of pay, or else full wages from the time the employee's demand for payment is made until the employer pays or tenders, whichever is the lesser amount of penalty wages (Louisiana Legislature).
§ 632(B): a good-faith dispute over the amount of wages due turns the 632(A) penalty off (wages + judicial interest only). § 632(C) attorney fees after a well-founded suit filed more than three days after first demand are labeled, not computed.
In scope
- Missed 631 deadline → 632(A) lesser of 90 daily-rate days or demand-until-paid
- Daily rate = hourly × usual daily hours (or daily override)
- Demand required for the 632 clock (daysUnpaid override counts as days from demand)
- Due: earlier of next payday or +15 calendar days
- 632(B) good-faith dispute → $0 penalty
Out of scope
- California LC 203 usual-day × 30 (separate page)
- Oregon ORS 652.150 always-8h × 30 + 100% unpaid cap (separate page)
- Idaho Code § 45-607 15-day $750 / $500 lien cap (separate page)
- Maine 26 M.R.S. § 626 2× liquidated damages (separate page)
- Attorney fees, judicial interest, vacation/commission earning disputes under 631(D)–(E)
- Louisiana has no state daily overtime — FLSA weekly 40
Classic statutory contrast
90 days from demand @ $10/h × 8h day → 90 × $80 = $7,200.
Same 90 calendar days on CA LC 203 → $2,400 (30-day cap). 42 days from demand @ $10×8h → $3,360 here vs CA $2,400.
Oregon ORS 652.150 8h×30 with 100% unpaid cap, unpaid $400 no notice → $400.
Idaho § 45-607 15d @ $20×8h → $750 ($750/$500 cap). Same 15d here → $2,400.
Maine 26 M.R.S. § 626 $400 unpaid after the 8-day gate → $800 LD / $1,200 (2× unpaid, not daily-rate continuation).
Good-faith 632(B) → $0. No demand → $0.
Sources
- La. R.S. 23:632 — Liability of employer for failure to pay; attorney fees; good-faith exception (Louisiana Legislature, HTTP 200)
- La. R.S. 23:631 — Discharge or resignation; payment after termination (next payday or 15 days)
FAQ
Is this the same as California waiting time?
No. LC 203 is usual day's wages × min(calendar days from due date, 30) with no demand gate and no 90-day track. Louisiana is the lesser of 90 daily-rate days or wages from demand until paid.
Same as Oregon ORS 652.150?
No. Oregon is always 8 hours × hourly × min(30 days), then a 100% unpaid-wages cap unless written notice plus a 12-day fail. Louisiana has no 8-hour fiction and no 100% unpaid cap — the cap is 90 days at the daily rate.
Same as Idaho § 45-607?
No. Idaho is 15 days at the last-employed daily rate with $750 / $500 dollar caps. Louisiana is 90 days / demand clock and no $750 cap. 90d @ $10×8h is $7,200 here and $750 in Idaho after the 15-day cut.
Same as Maine 26 M.R.S. § 626?
No. Maine adds 2× the unpaid wage base as liquidated damages after an 8-day remedy gate ($400 unpaid → $800 LD / $1,200). Louisiana continues daily-rate wages from demand, capped at 90 days — not a 2× multiplier.