A brief guide to Louisiana overtime laws
The law has many protections to guard against the exploitation of workers. To ensure that you are not taken advantage of by any employer, you should be familiar with Louisiana overtime law and all other regulations relating to the workplace.
The state follows federal guidelines on minimum wage, meaning nearly all employees must be paid $7.25 an hour for their labor. Louisiana overtime laws state that for every hour worked past 40 hours in a week, an employee must be paid time and a half. This means that you are entitled to pay of $10.88 an hour for every additional hour over 40 hours.
Sometimes, an employer may attempt to circumvent Louisiana overtime law by telling an employee that they are "salaried." They will pay workers the sum total of 40 hours' worth of minimum wage in one sum, then claim that means they are not required to pay overtime compensation. In fact, this is a violation of Louisiana overtime laws. While it is true that salaried employees are not entitled to overtime, only someone who performs primarily administrative or intellectual tasks can fall into this category. This is not likely to be the someone who is making minimum wage.
However, Louisiana overtime law does not cover all employees even if they are not technically salaried. Federal law lists many exceptions to this rule. Some cases in which Louisiana overtime laws may not apply include:
• Salespeople who work on a commission basis
• People who work in the transportation industry in any capacity often have their wages tied to the number of trips they make. If you are a taxi driver, a flight attendant or otherwise work in a job that involves constant transport, Louisiana overtime law probably does not apply to you.
• Farm laborers
• Employees who have not gone past 8th grade or who have failed to complete high school may be ordered to attend as many as 10 hours a week of remedial education by their employers. Such time is not eligible for extra compensation under Louisiana overtime laws.
When you feel that your rights have been violated, you should contact the Hours and Wages division of the United States Department of Labor. This government agency is responsible for enforcing Louisiana overtime law. Your claims will be investigated. If an employer is found to be in violation of Louisiana overtime laws, they will be ordered to recompense you for unpaid or underpaid wages.
In some cases, this division of the government may conclude that there is not enough evidence to take this step. If you feel you have a strong case that an employer has not been in compliance with Louisiana overtime law, you may decide to pursue civil litigation. An attorney who agrees that you have enough evidence may agree to represent you on a commission lawsuit. They will file a lawsuit related to violations of Louisiana overtime laws on a "contingency" basis, meaning, they will take a percentage of whatever you are awarded rather than charging directly for their services.