Best Wage & Hour Lawyers in Lafayette

About Wage & Hour Law in Lafayette, United States

This guide explains wage and hour rights and obligations for workers and employers in Lafayette, Louisiana. Most wage and hour rules in Lafayette are set by federal law under the Fair Labor Standards Act, known as the FLSA, and are supplemented by Louisiana state statutes. Local governments in Louisiana are not permitted to set their own minimum wage, so the federal baseline applies unless a specific state rule adds more protection. If you work in Lafayette or run a business here, understanding these rules helps you avoid costly disputes and protect your rights.

Why You May Need a Lawyer

You may need a wage and hour lawyer if you suspect unpaid wages, unpaid overtime, or illegal deductions. Legal help is often needed when employees are misclassified as exempt or as independent contractors, when employers use unlawful tip pools, or when off-the-clock work is expected without pay. A lawyer can also help if your final paycheck is delayed, if your employer retaliates after you raise pay concerns, or if you manage a business and want to audit pay practices for compliance. Experienced counsel can evaluate your situation, preserve evidence, calculate back pay and penalties, negotiate a settlement, or file a claim with the appropriate agency or court.

Local Laws Overview

Minimum wage and overtime: Louisiana does not have a separate state minimum wage, so the federal minimum wage applies. As of late 2024, the federal minimum wage is 7.25 dollars per hour. Overtime under federal law is generally 1.5 times the regular rate for hours over 40 in a workweek unless a valid exemption applies.

Exempt employees and salary thresholds: Federal law sets the tests for executive, administrative, professional, outside sales, and some computer employees. The federal salary threshold for many white collar exemptions increased in 2024 and is scheduled for further adjustments, and some changes have been subject to litigation. Employers should verify the current weekly salary threshold and highly compensated employee threshold with the U.S. Department of Labor before classifying an employee as exempt.

Tipped employees: Federal law allows a tip credit toward the minimum wage if strict conditions are met. Employers must inform employees, ensure tips cover the credit, prohibit managers from keeping tips, and follow tip pooling rules. If the employer pays the full cash minimum wage without a tip credit, a broader tip pool may be permitted but managers and supervisors still cannot keep employee tips.

Local preemption: Louisiana law preempts cities and parishes from creating their own minimum wage. Lafayette cannot set a local minimum wage above the federal rate.

Pay frequency and wage payment: Louisiana law generally requires payment at least twice per month on regularly scheduled paydays, and wages must be paid no later than a set number of days after the end of the pay period. When employment ends, final wages must be paid by the next regular payday or within 15 days, whichever comes first, including any earned commissions and accrued vacation that the employer’s written policy treats as earned wages.

Penalties for late final pay: If an employer fails to timely pay after a proper demand, Louisiana law allows penalty wages up to 90 days of wages, plus reasonable attorney fees, in addition to the unpaid amount. Written demand is important to preserve these penalties.

Deductions: Louisiana prohibits employers from fining employees or making certain deductions from wages unless permitted by law or a valid written authorization that complies with state and federal rules. Uniforms, cash shortages, and damage deductions require careful review.

Breaks, meals, and rest: Louisiana does not require meal or rest breaks for adult workers, but if breaks are provided, federal rules often require they be paid if 20 minutes or less. Minors have additional protections on hours and required breaks under Louisiana child labor laws.

Child labor: Louisiana restricts the types of work, hours, and scheduling for minors and requires employment certificates for most workers under 18. Employers must verify current rules before scheduling minors, especially during school terms.

Lactation accommodation: Federal law requires reasonable break time and a non-bathroom private space for nursing employees to express milk for one year after childbirth. Louisiana law also supports breastfeeding in public places.

Recordkeeping and retaliation: Employers must keep accurate time and pay records. Retaliation for asserting wage rights is prohibited. Workers who complain to an employer or file a wage claim are protected from adverse action related to that complaint.

Frequently Asked Questions

What is the minimum wage in Lafayette

In Lafayette, Louisiana, the federal minimum wage applies. As of late 2024 it is 7.25 dollars per hour. Tipped employees can be paid a lower cash wage if the employer takes a valid tip credit and the employee’s tips make up the difference, subject to strict rules.

Who is entitled to overtime pay

Most non-exempt employees must receive 1.5 times their regular rate for hours worked over 40 in a workweek. Exempt status depends on both job duties and salary thresholds under federal law. Job titles alone do not determine exemption. Verify the current federal salary thresholds before classifying employees as exempt.

How soon must my final paycheck be paid after separation

Louisiana law requires employers to pay final wages by the next regular payday or within 15 days of separation, whichever comes first. This includes all wages due, such as earned commissions and accrued vacation that the employer’s written policy treats as earned wages. If wages are not paid after a proper written demand, penalty wages and attorney fees may be available.

Can my employer deduct money from my paycheck for uniforms or shortages

Louisiana restricts deductions. Employers cannot fine employees through payroll deductions and may not deduct for items like cash shortages or damage unless allowed by law and consistent with federal rules. Written authorization may be required and some deductions are never allowed if they reduce pay below the applicable minimum wage or cut into required overtime.

Are meal or rest breaks required in Louisiana

There is no statewide requirement for adult meal or rest breaks. If an employer provides short breaks, federal law generally requires they be paid if 20 minutes or less. Minors have additional break and scheduling protections. Employers should adopt clear, written break policies and pay for any break during which employees must keep working or remain on duty.

What are the rules for tipped workers and tip pooling

If an employer takes a tip credit, only employees who customarily and regularly receive tips may be in a mandatory tip pool, and managers or supervisors cannot keep any tips. If the employer pays the full cash minimum wage with no tip credit, a broader tip pool may be used but still cannot include managers or supervisors. Employers must give required notices and keep accurate tip records.

What if I am asked to work off the clock

All hours an employee is suffered or permitted to work must be counted and paid. This includes pre-shift tasks, post-shift work, work during short breaks, required training, and some travel time. Employers must prevent off-the-clock work and pay for it if it occurs. Employees should promptly report all hours worked.

How do I know if I am an independent contractor or an employee

Labels are not controlling. Under federal law, courts and agencies use an economic realities test that looks at factors like control over the work, opportunity for profit or loss, investment in tools, permanence of the relationship, and whether the work is integral to the business. Misclassification can lead to unpaid minimum wage or overtime, taxes, and penalties.

How do I file a wage claim in Lafayette

You can file a complaint with the U.S. Department of Labor Wage and Hour Division for federal violations, or submit an unpaid wage claim with the Louisiana Workforce Commission for state wage payment issues like final pay. Many claims can also be filed in court. A lawyer can help you choose the best forum, prepare a proper written demand under Louisiana law, and calculate back wages and penalties.

What deadlines apply to wage claims

Under the FLSA, most claims have a 2-year statute of limitations, extended to 3 years for willful violations. Louisiana has separate deadlines for wage payment claims. Because limitation periods can be complex and time-sensitive, speak with a lawyer as soon as possible to protect your rights.

Additional Resources

U.S. Department of Labor Wage and Hour Division - New Orleans District Office. Handles federal minimum wage, overtime, child labor, recordkeeping, and retaliation complaints.

Louisiana Workforce Commission - Wage Claim Unit. Processes state unpaid wage claims, including final pay disputes and wage deductions issues.

Acadiana Legal Service Corporation. Provides civil legal aid to eligible low-income residents in Lafayette and surrounding parishes.

Lafayette Bar Association - Lawyer Referral resources. Can help connect you with local employment attorneys.

Louisiana Attorney General - Consumer and workplace resources. Offers general information on employment rights and complaint options.

Lafayette Parish resources for workers and businesses. Local agencies can help with workforce development, job training, and employer compliance support.

Next Steps

Write a clear timeline. Note your hire date, job title, pay rate, pay schedule, and the dates and hours where you believe underpayment occurred. Include who you spoke with and what was said.

Collect documents. Save offer letters, employee handbooks, pay stubs, timecards, schedules, tip reports, commission plans, independent contractor agreements, emails, and texts. Keep your own log of hours and breaks.

Send a written demand if final wages are owed. Under Louisiana law, a proper written demand can trigger penalty wages if the employer fails to pay on time. Send it in a way you can prove delivery, and keep a copy.

Do not delete evidence and avoid discussing your claim on social media. Preserve messages and files. If you are still employed, follow workplace policies, keep doing your job, and document any retaliation.

Consult a wage and hour lawyer. A local attorney can evaluate exemptions, compute back pay and overtime, advise on the best forum, and negotiate with your employer. Many offer free initial consultations and contingency or fee-shifting options.

Consider agency complaints. For federal violations, the U.S. Department of Labor can investigate. For state wage payment disputes, the Louisiana Workforce Commission can help. Your lawyer will advise whether to go through an agency or file in court.

Act promptly. Wage claims have strict deadlines. Early action increases your chance of recovering full wages, penalties, and attorney fees where available.