Layoffs and other situations
Payment by U.S. mail counts as made on the date mailed (postmark or USPS record is proof). If the amount is disputed, the undisputed portion must still be paid on time. Commissions, incentive pay and bonuses are due only if earned at separation and not modified or extinguished under a written policy; periodic performance bonuses may take a reasonable time, up to 120 calendar days after the period ends, to calculate (subsection E). Partnership profits interests are excluded (subsection F, added 2025). Source: legis.la.gov↗ (opens in a new tab)
Unused vacation and PTO
Required for vacation the employee has accrued and is eligible to take under the employer's policy and has not used or been paid for. The statute says it does not allow forfeiture of vacation pay actually earned under the policy. Source: legis.la.gov↗ (opens in a new tab)
If the final paycheck is late
Penalty wages equal to the lesser of 90 days' wages at the daily rate or full wages from the employee's demand until paid or tendered. If the employer disputed the amount in good faith, only the wages owed plus judicial interest are due. Reasonable attorney's fees are mandatory for a well-founded suit filed more than 3 days after the first demand (R.S. 23:632). Source: legis.la.gov↗ (opens in a new tab)
Recent changes
Acts 2024, No. 556 added rules on commissions, incentive pay and bonuses at separation, and Acts 2025, No. 113 excluded certain partnership profits interests. The basic deadline did not change. Source: legis.la.gov↗ (opens in a new tab)
The law and where to check
The law: La. R.S. 23:631-632 (opens in a new tab)
The agency: Louisiana Workforce Commission (opens in a new tab)
What federal law says
The federal Fair Labor Standards Act does not require employers to give a final paycheck immediately. The U.S. Department of Labor says an employee who has not received final pay by the regular payday for their last pay period can contact its Wage and Hour Division or the state labor department. Source: U.S. Department of Labor↗ (opens in a new tab)
Final paycheck checklist for Louisiana employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Write down how the job ended: fired or let go, or the employee quit. If they quit, note whether and when they gave notice.
- Find the deadline for that situation in the table above.
- Add up all hours worked up to the last day, including any overtime.
- Check your written vacation or PTO policy and the vacation rule above.
- Add any commission or bonus that was earned, using the rules above.
- Pay on time by your usual method, or by mail if the rules above allow it and the employee asks.
- Keep a dated record of what you paid and when.
More Louisiana employment law guides
- All Louisiana employment laws
- Louisiana paid sick leave law
- Louisiana meal and rest break laws
- Louisiana overtime law
- Louisiana pay frequency law
- Louisiana vacation and PTO payout law
- Louisiana new hire reporting
- Louisiana at-will exceptions
Final paycheck laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.