Overtime Laws in Louisiana 2026: Pay Rates, Exemptions & Tax Deduction (2026)
⚠️Informational only — not legal or tax advice.
Guide for Louisiana overtime laws 2026
Last verified: March 3, 2026
Next scheduled review: June 3, 2026
Table of Contents
- Louisiana Overtime Laws at a Glance (2026)
- Does Louisiana Have Its Own Overtime Law?
- How Overtime Pay Is Calculated in Louisiana
- Who Is Exempt from Overtime in Louisiana?
- Overtime Tax Deduction: “No Tax on Overtime” (2025–2028)
- Can an Employer Require Overtime in Louisiana?
- How to File an Overtime Wage Complaint in Louisiana
- Penalties for Overtime Violations in Louisiana
- Louisiana Overtime Law Updates (2025–2026)
- Frequently Asked Questions
- Sources and Verification
Louisiana Overtime Laws at a Glance (2026)
| Louisiana Overtime Law Overview (2026) | |
|---|---|
| Item | Details |
| Overtime threshold | 40 hours per workweek |
| Overtime pay rate | 1.5× regular rate of pay |
| Double time | No |
| Daily overtime | No — weekly calculation only |
| 7th consecutive day rule | No |
| State minimum wage (2026) | $7.25/hour (federal rate; Louisiana has no separate state minimum wage law) |
| Exempt salary threshold (2026) | Federal: $684/week ($35,568/year) |
| State enforcement agency | Louisiana Works (formerly Louisiana Workforce Commission) — wage complaint referral only |
| Federal enforcement | U.S. DOL Wage and Hour Division |
| Overtime tax deduction (federal) | Up to $12,500/year (2025–2028) — FLSA-covered workers |
| Statute of limitations | 3 years (Louisiana Wage Payment Act, R.S. 23:632) / 2 years FLSA (3 if willful) |
Governing law: Fair Labor Standards Act, 29 U.S.C. § 207
Last verified: March 3, 2026
Does Louisiana Have Its Own Overtime Law?
Louisiana does not have a separate state overtime statute. Overtime in Louisiana is governed exclusively by the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 207.
Under the FLSA, nonexempt employees must receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. Louisiana has made no legislative modifications to the FLSA’s overtime threshold, pay rate, or exemption structure.
Louisiana Works (formerly the Louisiana Workforce Commission) administers the state’s workforce programs and labor law enforcement, but has explicitly stated that it does not have an enforcement role over federal overtime rules. Overtime complaints in Louisiana are handled by the U.S. Department of Labor Wage and Hour Division.
Note on minimum wage: Louisiana also has no state minimum wage law. The applicable minimum wage is the federal rate of $7.25/hour under 29 U.S.C. § 206(a)(1).
Federal statute: Fair Labor Standards Act, 29 U.S.C. § 207
U.S. DOL Overtime Page: https://www.dol.gov/agencies/whd/overtime
Louisiana Works — Labor Law Information: https://www.laworks.net/laborlawinfo.asp
How Overtime Pay Is Calculated in Louisiana
What Is a “Workweek”?
Under the FLSA, a workweek is a fixed, regularly recurring period of 168 consecutive hours (seven consecutive 24-hour periods). A workweek does not have to start on Monday or align with a calendar week — the employer may designate any day and time as the start of the workweek.
Each workweek stands alone. An employer cannot average hours across two or more workweeks to avoid overtime. If an employee works 50 hours in one week and 30 the next, overtime is owed for the first week regardless of the second.
Source: 29 C.F.R. § 778.104–778.105
Pay Rate
Under the FLSA, nonexempt employees in Louisiana earn overtime at the following rate:
Time-and-a-half (1.5× regular rate):
- All hours worked over 40 in a workweek
Louisiana has no daily overtime rule. Working more than 8 hours in a single day does not trigger overtime unless total weekly hours exceed 40.
What Counts as the “Regular Rate of Pay”
The regular rate is not always the same as the hourly wage. Under 29 C.F.R. § 778.108, the regular rate includes:
- Base hourly rate or salary equivalent
- Non-discretionary bonuses and incentive pay
- Shift differentials
- Commissions
- Piece-rate earnings
The regular rate does NOT include:
- Discretionary bonuses (e.g., holiday gifts)
- Employer contributions to benefit plans
- Vacation, holiday, or sick pay when no work is performed
Calculation Example
Example — Weekly overtime at minimum wage:
An employee earns $7.25/hour (Louisiana/federal minimum wage) and works 48 hours in one workweek:
- Regular pay: 40 hours × $7.25 = $290.00
- Overtime pay: 8 hours × ($7.25 × 1.5) = 8 × $10.875 = $87.00
- Total weekly gross pay: $377.00
Example — Higher earner, weekly overtime:
An employee earns $18.00/hour and works 45 hours in one workweek:
- Regular pay: 40 hours × $18.00 = $720.00
- Overtime pay: 5 hours × ($18.00 × 1.5) = 5 × $27.00 = $135.00
- Total weekly gross pay: $855.00
Source: 29 U.S.C. § 207; 29 C.F.R. § 778.108–778.122
For the current federal minimum wage applicable in Louisiana, see: https://www.dol.gov/agencies/whd/minimum-wage
Who Is Exempt from Overtime in Louisiana?
Not all employees in Louisiana are entitled to overtime pay. Certain employees are classified as “exempt” under federal law.
Federal FLSA Exemption Requirements
To be exempt from overtime under the FLSA, an employee must meet ALL THREE criteria:
1. Salary basis test: Paid a predetermined, fixed salary each pay period (not hourly)
2. Salary level test: Earn at least $684 per week ($35,568 per year)
3. Duties test: Perform specific job duties in one of these categories:
| Louisiana Overtime Exemptions (EAP Categories) | |
|---|---|
| Exemption | Key duty requirement |
| Executive | Manages enterprise or department; directs 2+ employees; authority to hire/fire |
| Administrative | Office/non-manual work related to management or business operations; exercises independent judgment |
| Professional | Work requiring advanced knowledge in science or learning (prolonged specialized study) |
| Computer employee | Systems analysis, programming, software engineering — $684/week salary OR $27.63/hour |
| Outside sales | Primary duty is making sales away from employer's place of business |
Source: 29 C.F.R. Part 541
What Happened to the 2024 DOL Salary Threshold Increase?
In April 2024, the U.S. Department of Labor issued a final rule that would have raised the exempt salary threshold to $1,128 per week ($58,656/year) effective January 1, 2025.
On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated that rule nationwide in Texas v. U.S. Department of Labor (No. 4:24-cv-00499).
The salary threshold remains $684/week ($35,568/year) as of 2026. Louisiana applies the federal threshold exclusively; there is no state-level supplement.
Louisiana Exempt Salary Threshold vs. Federal
Louisiana applies the federal standard with no state modification.
| Exempt Salary Threshold — Louisiana vs Federal (2026) | |
|---|---|
| Category | Amount |
| Louisiana (2026) | $684/week ($35,568/year) — federal FLSA rate |
| Federal FLSA threshold | $684/week ($35,568/year) |
| States With Higher Exempt Salary Thresholds Than Federal Floor (2026) | ||
|---|---|---|
| State | Weekly threshold (2026) | Annual equivalent |
| Washington | $1,541.70 | $80,168 |
| California | $1,352.00 | $70,304 |
| New York (NYC) | $1,199.10 | $62,353 |
| Colorado | $1,123.08 | $58,400 |
| Maine | ~$796.17 | ~$41,401 |
| Louisiana / Federal | $684.00 | $35,568 |
| Source: Respective state DOL websites; 29 C.F.R. § 541.600 | ||
Overtime Tax Deduction: "No Tax on Overtime" (2025–2028)
The One Big Beautiful Bill Act (Public Law 119-21), signed on July 4, 2025, created a new federal income tax deduction for qualified overtime compensation under Internal Revenue Code § 225.
This deduction is available for tax years 2025 through 2028.
Who Is Eligible
- Nonexempt employees covered by the Fair Labor Standards Act (29 U.S.C. § 207)
- Must have a Social Security number valid for employment
- Cannot use the Married Filing Separately filing status
Who is NOT eligible:
- Exempt (salaried) employees who do not receive FLSA overtime
- Independent contractors (1099 workers) who are not FLSA-covered
- Employees receiving overtime only under employer policy (if that overtime is not also required by the FLSA)
What Is Deductible
The deduction covers the premium portion of overtime pay — specifically the amount that exceeds the regular rate of pay.
| Overtime Premium — Deductible Portion Example ($20/hr Regular Rate) | ||
|---|---|---|
| Overtime type | What is deductible | Example ($20/hr regular rate) |
| Time-and-a-half (1.5×) | The "half" — 1/3 of total OT pay | $10/hr per OT hour ($30 − $20) |
IRS shortcut for 2025: If you only know your total overtime pay and were paid time-and-a-half, divide the total overtime amount by 3. (Source: IRS Notice 2025-69)
| Deduction Limits | ||
|---|---|---|
| Filing status | Maximum annual deduction | Phase-out begins |
| Single | $12,500 | $150,000 MAGI |
| Married filing jointly | $25,000 | $300,000 MAGI |
| W-2 Reporting Requirements for Qualified Overtime | |
|---|---|
| Tax year | Employer reporting requirement |
| 2025 | NOT required to separately report (transition year — IRS Notice 2025-62). May voluntarily report in W-2 Box 14 as "QUAL OT" or provide a separate statement. |
| 2026 and later | REQUIRED to separately report qualified overtime compensation. The IRS has indicated Box 12, Code TT for this purpose (draft W-2 form, subject to finalization). |
If an employer did not separately report overtime for 2025, the IRS allows employees to use “any reasonable method” to calculate the deductible amount, including one-third of total overtime pay (for time-and-a-half workers), or payroll records showing overtime hours and rates.
What This Deduction Does NOT Do
- Does NOT exempt overtime from Social Security (6.2%) or Medicare (1.45%) taxes
- Does NOT apply to Louisiana state income taxes (federal deduction only)
- Does NOT change how much overtime pay an employee receives — it reduces taxable income at filing
- Does NOT apply to overtime paid solely under employer policy that exceeds FLSA requirements
Source: IRS FAQs on Qualified Overtime Compensation Deduction; IRS Notice 2025-69; IRS Notice 2025-62; IRC § 225; P.L. 119-21, § 70202; Schedule 1-A (Form 1040)
Official IRS page: https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation
Louisiana State Income Tax and Overtime
The federal overtime deduction applies to federal income tax only. Louisiana imposes a flat 3% individual income tax on taxable income beginning with tax year 2025. Overtime pay in Louisiana remains fully subject to Louisiana state income tax at the standard 3% rate.
Louisiana does not conform to the federal overtime deduction under IRC § 225 for state income tax purposes. The qualified overtime compensation deduction created by the One Big Beautiful Bill reduces only federal taxable income.
Pending Louisiana legislation — HB 194 (2025 Regular Session):
House Bill 194 (Representative Bayham) proposed a Louisiana state income tax deduction for overtime compensation equal to the amount of overtime received, capped at 20% of the taxpayer’s other wages from the same employer, with adjusted gross income eligibility thresholds of $200,000 (married filing jointly), $150,000 (head of household), and $100,000 (single). The bill was introduced on March 31, 2025 and referred to the Committee on Ways and Means.
Status: Introduced — Dead (did not advance from committee, 2025 Regular Session).
Source: https://www.legis.la.gov/legis/ViewDocument.aspx?d=1400434
As of March 2026, Louisiana has not enacted a state-level overtime tax deduction. Workers in Louisiana benefit from the federal deduction but not from any corresponding state provision.
Louisiana income tax rate (flat 3%): https://revenue.louisiana.gov/tax-education-and-faqs/faqs/income-tax-reform/what-are-the-individual-income-tax-rates-and-brackets/
Louisiana Department of Revenue: https://revenue.louisiana.gov
For Louisiana income tax details, see the RemoteLaws Louisiana Income Tax page.
Can an Employer Require Overtime in Louisiana?
Under the FLSA, there is no federal limit on the number of hours an employer can require an adult employee (age 16 and older) to work in a workweek, as long as the employee is properly compensated for all overtime hours.
An employer may discipline or terminate an employee for refusing to work overtime, unless a specific law, employment contract, or collective bargaining agreement provides otherwise.
Louisiana does not have additional mandatory overtime restrictions beyond the FLSA. Louisiana is an at-will employment state, and employers may require overtime. Employees who refuse may face disciplinary action, including termination, absent a contract or agreement to the contrary.
Louisiana Works has confirmed that the state does not have a separate enforcement role over federal overtime rules, and that overtime-related concerns are directed to the U.S. DOL Wage and Hour Division.
Source: https://www.laworks.net/laborlawinfo.asp
Protections That Always Apply
Regardless of mandatory overtime policies, the following protections apply in Louisiana:
- All overtime hours must be compensated at the applicable overtime rate (1.5x regular rate for hours over 40/week)
- Employers cannot retaliate against employees who file wage complaints (29 U.S.C. § 215(a)(3))
- Disability accommodation requests under the ADA may limit overtime requirements
- Child labor laws restrict hours for employees under 18
Source: 29 U.S.C. § 207; 29 U.S.C. § 215(a)(3)
Industry-Specific Overtime Rules in Louisiana
Louisiana has no state overtime law and no industry-specific state overtime rules. The following federal FLSA provisions apply to Louisiana employers and workers in specific industries.
Healthcare (8-and-80 System)
Under 29 U.S.C. § 207(j), hospitals and residential care establishments may enter into a written agreement with employees to use a 14-day work period rather than the standard 7-day workweek. Under this arrangement, overtime is due after:
- 8 hours in a single workday, OR
- 80 hours in the 14-day period
whichever calculation results in greater overtime pay for the employee.
This alternative is optional and requires a prior agreement; it is not automatic. Louisiana has no state law expanding or restricting mandatory overtime for healthcare workers beyond this federal provision.
Source: 29 U.S.C. § 207(j)
Agriculture
Under the FLSA, agricultural workers are generally exempt from overtime requirements (29 U.S.C. § 213(b)(12)). This exemption applies to employees employed in agriculture as defined by the FLSA.
Louisiana has no state law extending overtime rights to agricultural workers. The federal agricultural exemption remains fully in effect in Louisiana.
Source: 29 U.S.C. § 213(b)(12)
Retail and Commission Employees
Under 29 U.S.C. § 207(i), employees of a retail or service establishment may be exempt from overtime if:
- Their regular rate of pay exceeds 1.5 times the applicable minimum wage, and
- More than half of their total earnings in a representative period come from commissions on goods or services
Source: 29 U.S.C. § 207(i)
Public Sector / Government Employees
Under 29 U.S.C. § 207(o), Louisiana state and local government employers may offer compensatory time off at 1.5 hours per overtime hour instead of overtime pay, provided:
- A prior agreement exists between the employer and the employee (or their representative)
- The comp time accrual cap is 240 hours (or 480 hours for public safety, emergency response, and seasonal employees)
- Employees are permitted to use accrued comp time within a reasonable period
Louisiana Civil Service rules (Chapter 21) govern overtime compensation for classified state employees and reference FLSA compliance requirements. Under state civil service rules, overtime worked by non-exempt classified employees that falls below the FLSA 40-hour threshold is designated “State Overtime” and may be compensated with compensatory leave or cash at 1.5x the employee’s rate, per the agency’s determination.
Source: 29 U.S.C. § 207(o); Louisiana Civil Service HR Handbook, Chapter 21 — https://www.civilservice.louisiana.gov/hrprofessionals/HRHandbook/Chapter21.aspx
Compensatory Time (“Comp Time”) Rules
Under the FLSA, private-sector employers cannot offer comp time in lieu of overtime pay. An employee who works overtime hours must be compensated at 1.5x their regular rate in wages, not in time off.
Public-sector employers (Louisiana state and local government) may offer compensatory time off instead of overtime pay under 29 U.S.C. § 207(o), subject to the conditions described above.
Source: 29 U.S.C. § 207(o)
Transportation (Motor Carrier Exemption)
Employees whose duties affect the safe operation of motor vehicles engaged in interstate commerce may be exempt from FLSA overtime under the Motor Carrier Act exemption. Hours of service for such employees are regulated separately by the Federal Motor Carrier Safety Administration.
Source: 29 U.S.C. § 213(b)(1); 49 U.S.C. § 31502
How to File an Overtime Wage Complaint in Louisiana
Employees in Louisiana who believe they have not received proper overtime pay have two primary options. Louisiana does not have a state wage and hour enforcement agency for overtime claims — overtime disputes are handled federally.
Option 1: U.S. Department of Labor — Wage and Hour Division
The primary enforcement agency for overtime complaints in Louisiana is the federal Wage and Hour Division (WHD).
| Federal Wage and Hour Complaint — Louisiana | |
|---|---|
| Item | Details |
| Agency | U.S. Department of Labor, Wage and Hour Division |
| Online filing | https://www.dol.gov/agencies/whd/contact/complaints |
| Phone | 1-866-487-9243 (toll-free) |
| New Orleans District Office | 600 South Maestri Place, Suite 604, New Orleans, LA 70130 |
| Deadline | 2 years from violation (3 years if willful) |
Louisiana Works directs employees with overtime concerns to the U.S. DOL Wage and Hour Division: https://www.laworks.net/laborlawinfo.asp
Option 2: Private Lawsuit
Employees may file a lawsuit against their employer in state or federal court under 29 U.S.C. § 216(b). Remedies may include:
- Back wages owed
- Liquidated damages (an additional amount equal to the unpaid wages)
- Reasonable attorney’s fees and court costs
Note on the Louisiana Wage Payment Act (R.S. 23:631-632): Louisiana’s Wage Payment Act governs the timing of final paychecks upon termination or resignation. Under R.S. 23:631, wages due must be paid on or before the next regular payday or within 15 days of separation, whichever occurs first. An employer who fails to comply may be liable under R.S. 23:632 for penalty wages equal to 90 days wages at the employee’s daily rate, or full wages from the time of demand until payment, whichever is less — plus reasonable attorney’s fees. This statute governs payment of wages at separation and is distinct from the overtime requirements of the FLSA, but may be relevant in cases where owed overtime is withheld at termination.
Source: La. R.S. 23:631 — https://www.legis.la.gov/legis/Law.aspx?d=83945
Source: La. R.S. 23:632 — https://www.legis.la.gov/legis/Law.aspx?d=83946
Retaliation Protection
Under the FLSA (29 U.S.C. § 215(a)(3)), employers cannot retaliate against employees for:
- Filing an overtime wage complaint
- Participating in a DOL investigation
- Testifying in proceedings related to overtime violations
Source: 29 U.S.C. § 215(a)(3); 29 U.S.C. § 216(b)
Penalties for Overtime Violations in Louisiana
| Federal FLSA Penalties | |
|---|---|
| Penalty type | Amount |
| Back wages | Full amount of unpaid overtime owed |
| Liquidated damages | Equal to unpaid wages (effectively doubles recovery) |
| Civil monetary penalty | Up to $2,451 per violation (willful/repeated — adjusted annually by DOL) |
| Criminal prosecution | Willful: fines up to $10,000; second offense: up to 6 months imprisonment |
Source: 29 U.S.C. § 216
Louisiana State Penalties (Wage Payment Act)
While Louisiana has no state overtime statute, the Louisiana Wage Payment Act (R.S. 23:632) provides additional remedies where wages — including overtime owed — are withheld at termination:
- Penalty wages: Up to 90 days wages at the employee’s daily rate, OR full wages from the date of demand until payment — whichever is the lesser amount
- Attorney’s fees: Reasonable attorney’s fees awarded to a successful employee plaintiff
- Good faith exception: If the employer’s dispute over the wage amount was in good faith, the employer is liable only for the disputed amount plus judicial interest from the date the suit is filed (though attorney’s fees still apply)
Source: La. R.S. 23:632 — https://www.legis.la.gov/legis/Law.aspx?d=83946
Louisiana Overtime Law Updates (2025-2026)
Federal Changes Affecting Louisiana
- July 4, 2025: One Big Beautiful Bill Act (P.L. 119-21) signed — created federal overtime tax deduction for tax years 2025-2028 (IRC § 225)
- November 15, 2024: DOL salary threshold rule vacated by federal court in Texas v. U.S. Department of Labor (No. 4:24-cv-00499) — exempt threshold remains $684/week ($35,568/year)
Louisiana State Changes
- January 1, 2025: Louisiana individual income tax rate reduced to a flat 3% (Act 382 of the 2025 Regular Session), replacing the prior graduated rate structure. Overtime pay remains fully subject to this state tax rate.
- 2025 Regular Session: HB 194 (state overtime income tax deduction) introduced but died in committee. No state overtime income tax deduction was enacted.
Pending Legislation
As of March 2026, no active Louisiana legislation proposes changes to overtime pay rates, exemption thresholds, or mandatory overtime rules.
Last reviewed: March 3, 2026
Next scheduled review: June 3, 2026
Frequently Asked Questions About Overtime in Louisiana
Does Louisiana have overtime laws?
Louisiana does not have a separate state overtime statute. Overtime in Louisiana is governed exclusively by the federal Fair Labor Standards Act (FLSA). Under the FLSA, nonexempt employees must receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
What is the overtime rate in Louisiana in 2026?
The overtime rate in Louisiana is 1.5 times the employee’s regular rate of pay for all hours worked over 40 in a workweek. Based on the federal minimum wage of $7.25/hour, the minimum overtime rate is $10.875/hour. Louisiana has no daily overtime rule and no double-time requirement.
Does Louisiana require daily overtime?
No. Overtime in Louisiana is calculated on a weekly basis only. Working more than 8 hours in a single day does not trigger overtime unless total weekly hours exceed 40.
Is mandatory overtime legal in Louisiana?
Under federal law, employers can generally require adult employees to work overtime. Louisiana has no additional state-level restrictions on mandatory overtime. Employees who refuse overtime may face disciplinary action in most circumstances. All mandatory overtime hours must be compensated at the applicable overtime rate.
Am I exempt from overtime in Louisiana?
Exemption depends on both salary level and job duties. Under the FLSA, employees must earn at least $684/week on a salary basis AND perform executive, administrative, or professional duties to be exempt. Louisiana applies the federal threshold with no state-level modification.
Can salaried employees get overtime in Louisiana?
Yes. Being paid a salary does not automatically make an employee exempt from overtime. Salaried employees who earn less than $684/week or who do not meet the duties tests are nonexempt and entitled to overtime pay.
Is overtime taxed in Louisiana?
Overtime pay is subject to both federal and Louisiana state income taxes. Under the One Big Beautiful Bill Act (2025-2028), FLSA-covered nonexempt employees may deduct up to $12,500 (single) or $25,000 (joint filers) of the premium portion of overtime from federal taxable income only. This deduction does not apply to Louisiana’s 3% state income tax. Louisiana HB 194 — which proposed a state deduction — died in committee in 2025.
How do I calculate the overtime tax deduction?
For time-and-a-half pay, the deductible amount is one-third of total overtime pay. For example, if you earned $9,000 in total overtime at time-and-a-half, the qualified overtime compensation (the deductible “premium”) is $3,000. The IRS confirms this method in Notice 2025-69.
How do I file an overtime complaint in Louisiana?
File a complaint with the U.S. Department of Labor Wage and Hour Division online at https://www.dol.gov/agencies/whd/contact/complaints or by calling 1-866-487-9243. Louisiana Works does not have a separate enforcement role for overtime complaints and refers workers to the federal WHD. The FLSA statute of limitations is 2 years (3 years for willful violations).
Can my employer fire me for refusing overtime in Louisiana?
In most cases, yes. Louisiana is an at-will employment state, and employers may discipline or terminate employees who refuse overtime, unless a law, employment contract, or collective bargaining agreement provides otherwise. Employers cannot retaliate against employees who file overtime wage complaints.
Can my employer give comp time instead of overtime pay?
Under the FLSA, private-sector employers cannot offer comp time in lieu of overtime pay. Public-sector Louisiana employers (state and local government) may offer comp time at 1.5 hours per overtime hour, up to 240 hours (480 hours for public safety and emergency response workers), provided a prior agreement exists.
Does working on weekends or holidays count as overtime in Louisiana?
No. Under the FLSA, working on weekends or holidays does not automatically constitute overtime. Overtime depends on total hours worked in the workweek, regardless of which days those hours occur. An employer may voluntarily pay a premium for weekend or holiday work, but federal law does not require it.
What happens if my employer doesn’t pay overtime?
Employees may recover unpaid overtime wages plus liquidated damages equal to the unpaid amount, along with attorney’s fees, under 29 U.S.C. § 216(b). The FLSA statute of limitations is 2 years (3 years if willful). If unpaid overtime is withheld at termination, the Louisiana Wage Payment Act (R.S. 23:632) may also provide additional penalty wages and attorney’s fees.
What is the statute of limitations for overtime claims in Louisiana?
Under the FLSA: 2 years (3 years if the violation is willful). Under the Louisiana Wage Payment Act, the general prescriptive period for personal actions under Louisiana Civil Code art. 3494 is 3 years. The applicable deadline depends on the nature of the claim.
Does Louisiana have any special overtime rules for nurses or healthcare workers?
Louisiana has no state law restricting mandatory overtime for healthcare workers. The FLSA’s optional 8-and-80 alternative workweek for hospitals and residential care facilities (29 U.S.C. § 207(j)) is available to Louisiana healthcare employers by written agreement with employees.
Does Louisiana have a higher minimum wage that affects overtime calculations?
No. Louisiana has no state minimum wage law. The federal minimum wage of $7.25/hour applies in Louisiana, and the minimum overtime rate is therefore $10.875/hour. Louisiana Works confirms that federal minimum wage rules govern: https://www.laworks.net/laborlawinfo.asp
Sources and Verification
Primary Sources
- Fair Labor Standards Act — 29 U.S.C. § 201-219: https://www.dol.gov/agencies/whd/overtime
- 29 C.F.R. Part 541 (Overtime Exemptions): https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-541
- 29 C.F.R. Part 778 (Overtime Compensation): https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-778
- Louisiana Works — Labor Law Information: https://www.laworks.net/laborlawinfo.asp
- Louisiana Works — Report Labor Law Violation: https://www.laworks.net/ViolationMenu.asp
- Louisiana Legislature — La. R.S. 23:631 (Wage Payment, discharge): https://www.legis.la.gov/legis/Law.aspx?d=83945
- Louisiana Legislature — La. R.S. 23:632 (Liability for failure to pay): https://www.legis.la.gov/legis/Law.aspx?d=83946
- Louisiana Civil Service HR Handbook, Chapter 21 (State Employee Overtime): https://www.civilservice.louisiana.gov/hrprofessionals/HRHandbook/Chapter21.aspx
- Louisiana Department of Revenue — Individual Income Tax (flat 3%): https://revenue.louisiana.gov/tax-education-and-faqs/faqs/income-tax-reform/what-are-the-individual-income-tax-rates-and-brackets/
- Louisiana HB 194 (2025 Regular Session — state OT deduction bill, died in committee): https://www.legis.la.gov/legis/ViewDocument.aspx?d=1400434
- U.S. DOL Wage and Hour Division — Complaint Filing: https://www.dol.gov/agencies/whd/contact/complaints
- Internal Revenue Service — Overtime Tax Deduction FAQs: https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation
- IRS Notice 2025-69 (Individual Calculation Guidance for Overtime Deduction)
- IRS Notice 2025-62 (Employer Reporting Transition Relief for 2025)
- Schedule 1-A, Form 1040 (Claiming the Overtime Deduction)