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22 Louisiana opinions name it 2 courts 1979–2025 1 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carriere v. Pee Wee's Equipment Co.green2 sentences2017R.S. 23:632, the claimant must show that (1) wages were due and owing; (2) demand for payment was made where the employee was customarily paid; and (3) the employer did not pay upon demand.” Becht v. Morgan Bldg. & Spas, Inc., 2002-2047, p. 4 (La. 4/23/03), 843 So.2d 1109, 1112 ; “When a defendant denies liability after suit is filed, technical deficiencies in a pre-suit demand' are waived by him and will not defeat the imposition of statutory penalties designed to enforce prompt payment,” Carriers v. Pee Wee’s Equipment Co., 364 So.2d 555, 657 (La. 1978.) “Penalties should not be imposed on t 1998Id. quoting Carriere v. Pee Wee's Equipment Co., 364 So.2d 555, 557 (La. 1978). [2] "Reliance on an unlawful company policy does not constitute a good faith non-arbitrary defense to liability for unpaid wages." Beard , 97-1784, p. 9; 707 So.2d at 1237 . [3] "`Where there is a bona fide dispute over the amount of wages due, courts will not consider failure to pay as arbitrary refusal and generally will refuse to award penalties.'" Hebert , 97-298, p. 9; 706 So.2d at 1013 (quoting Barrilleaux v. Franklin Found. | 11 | 14 |
Beard v. Summit Institutegreen2 sentences2017“Reliance on an unlawful company policy does not constitute a good faith non-arbitrary defense to liability for unpaid wages.” Beard , 97-1784, p. 9; 707 So.2d at 1237 . “ ‘Where there is a bona fide dispute over the amount of wages due, courts will not consider failure to pay as arbitrary refusal and generally will refuse to award penalties.’ ” Hebert, 97-298, p. 9; 706 So.2d at 1013 (quoting Barrilleaux v. Franklin Found. 2017“Reliance on an unlawful company policy does not constitute a good faith non-arbitrary defense to liability for unpaid wages.” Beard , 97-1784, p. 9; 707 So.2d at 1237 . “ mere there is a bona fide dispute over the amount of wages due, courts will not consider failure to pay as arbitrary refusal and generally will refuse to award penalties.’ ” Hebert, 97-298, p. 9; 706 So.2d at 1013 (quoting Barrilleaux v. Franklin Found. | 1 | 8 |
Saacks v. Mohawk Carpet Corp.green2 sentences2025“Penalties should not be imposed on the employer when it presents a good faith non-arbitrary defense to its liability for unpaid wages.” Saacks v. Mohawk Carpet Corp., 2003- 0386, p. 16 (La.App. 4 Cir. 8/20/03), 855 So.2d 359, 370 (citation omitted). 2014“Penalties should not be imposed on the employer when it presents a good faith non-arbitrary defense to its liability for unpaid wages.” Id., 03-0386, p. 16, 855 So.2d at 370 (citing Carriere v. Pee Wee’s Equip. | 1 | 3 |
Menard v. Roy Young, Inc.green1 sentence2016See Menard v. Roy Young, Inc., 441 So.2d 28 (La.App. 3 Cir. 1983), writ denied, 444 So.2d 122 (La.1984). “[U]nder the general rule, a contract that is against public policy will not support an equitable defense so as to defeat an award of penalty wages.” Goulas v. B & B Oilfield Servs., Inc., 10-934, 2010-1393 (La.App. 3 Cir. 8/10/11) , 69 So.3d 750, 765 , writ denied, 11-1951 (La. 11/14/11), 75 So.3d 945 . | 1 | 1 |
Menard v. Roy Young, Inc.green1 sentence2016See Menard v. Roy Young, Inc., 441 So.2d 28 (La.App. 3 Cir. 1983), writ denied, 444 So.2d 122 (La.1984). “[U]nder the general rule, a contract that is against public policy will not support an equitable defense so as to defeat an award of penalty wages.” Goulas v. B & B Oilfield Servs., Inc., 10-934, 2010-1393 (La.App. 3 Cir. 8/10/11) , 69 So.3d 750, 765 , writ denied, 11-1951 (La. 11/14/11), 75 So.3d 945 . | 1 | 1 |
Goulas v. B & B Oilfield Services, Inc.green1 sentence2016See Menard v. Roy Young, Inc., 441 So.2d 28 (La.App. 3 Cir. 1983), writ denied, 444 So.2d 122 (La.1984). “[U]nder the general rule, a contract that is against public policy will not support an equitable defense so as to defeat an award of penalty wages.” Goulas v. B & B Oilfield Servs., Inc., 10-934, 2010-1393 (La.App. 3 Cir. 8/10/11) , 69 So.3d 750, 765 , writ denied, 11-1951 (La. 11/14/11), 75 So.3d 945 . | 1 | 1 |
Canterbury v. Willis Knighton Medical Centergreen1 sentence2016See Menard v. Roy Young, Inc., 441 So.2d 28 (La.App. 3 Cir. 1983), writ denied, 444 So.2d 122 (La.1984). “[U]nder the general rule, a contract that is against public policy will not support an equitable defense so as to defeat an award of penalty wages.” Goulas v. B & B Oilfield Servs., Inc., 10-934, 2010-1393 (La.App. 3 Cir. 8/10/11) , 69 So.3d 750, 765 , writ denied, 11-1951 (La. 11/14/11), 75 So.3d 945 . | 1 | 1 |
Brown v. Navarre Chevrolet, Inc.green1 sentence2014Co., 364 So.2d 555 (La.1978)); see Brown v. Navarre Chevrolet, Inc., 610 So.2d 165, 171 (La.App. 3 Cir.1992) (“[T]he employer must be found to have acted in bad faith or in an arbitrary or unreasonable manner.”) Upon our review of the record on the motions for summary judgment, we find that Landry’s established its compliance with La. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Barrilleaux v. Franklin Foundation Hosp.
green
2 sentences2017Hosp., 96-0343 (La.App. 1 Cir. 11/8/96) , 683 So.2d 348 , writ denied, 96-2885 (La. 1/24/97), 686 So.2d 864 ). 2017Hosp., 96-0343 (La.App. 1 Cir. 11/8/96) , 683 So.2d 348 , writ denied, 96-2885 (La. 1/24/97), 686 So.2d 864 ). | 2 | 1998–2017 |
Barrilleaux v. Franklin Foundation Hosp.
green
2 sentences2017Hosp., 96-0343 (La.App. 1 Cir. 11/8/96) , 683 So.2d 348 , writ denied, 96-2885 (La. 1/24/97), 686 So.2d 864 ). 1998Hosp., 96-0343 (La.App. 1 Cir. 11/8/96) ; 683 So.2d 348 , writ denied, 96-2885 (La.1/24/97); 686 So.2d 864 ). | 2 | 1998–2017 |
Heard v. Intervest Corp.
green
1 sentence2017R.S. 23:632, the claimant must show that (1) wages were due and owing; (2) demand for payment was made where the employee was customarily paid; and (3) the employer did not pay upon demand.” Becht v. Morgan Bldg. & Spas, Inc., 2002-2047, p. 4 (La. 4/23/03), 843 So.2d 1109, 1112 ; “When a defendant denies liability after suit is filed, technical deficiencies in a pre-suit demand' are waived by him and will not defeat the imposition of statutory penalties designed to enforce prompt payment,” Carriers v. Pee Wee’s Equipment Co., 364 So.2d 555, 657 (La. 1978.) “Penalties should not be imposed on t | 1 | 2017–2017 |
Loup v. LA. STATE SCHOOL FOR THE DEAF
green
1 sentence2017“A trial court’s determination of whether an employer is arbitrary or in bad faith for purposes of imposing penalty wages is a question of fact and is, therefore, subject 11sto the manifest error standard of review.” Jeansonne v. Schmolke, 2009-1467, p. 18 (La.App. 4 Cir. 5/19/10), 40 So.3d 347, 361 , citing Loup v. Louisiana State School for the Deaf, 1998-0329, p. 6 (La.App. 1 Cir. 2/19/99), 729 So.2d 689, 693 . | 1 | 2017–2017 |
Jeansonne v. SCHMOLKE
green
1 sentence2017“A trial court’s determination of whether an employer is arbitrary or in bad faith for purposes of imposing penalty wages is a question of fact and is, therefore, subject 11sto the manifest error standard of review.” Jeansonne v. Schmolke, 2009-1467, p. 18 (La.App. 4 Cir. 5/19/10), 40 So.3d 347, 361 , citing Loup v. Louisiana State School for the Deaf, 1998-0329, p. 6 (La.App. 1 Cir. 2/19/99), 729 So.2d 689, 693 . | 1 | 2017–2017 |
Becht v. Morgan Bldg. & Spas, Inc.
green
1 sentence2017R.S. 23:632, the claimant must show that (1) wages were due and owing; (2) demand for payment was made where the employee was customarily paid; and (3) the employer did not pay upon demand.” Becht v. Morgan Bldg. & Spas, Inc., 2002-2047, p. 4 (La. 4/23/03), 843 So.2d 1109, 1112 ; “When a defendant denies liability after suit is filed, technical deficiencies in a pre-suit demand' are waived by him and will not defeat the imposition of statutory penalties designed to enforce prompt payment,” Carriers v. Pee Wee’s Equipment Co., 364 So.2d 555, 657 (La. 1978.) “Penalties should not be imposed on t | 1 | 2017–2017 |
Wyatt v. Avoyelles Parish School Bd.
green
1 sentence2013Wyatt v. Avoyelles Parish School Bd., 01-3180 (La.12/4/02), 831 So.2d 906, 917 ; Carriere v. Pee Wee’s Equipment Co., 364 So.2d 555, 557 (La.1978). | 1 | 2013–2013 |
Picard v. Vermilion Parish School Bd.
green
1 sentence2001In Beard , 97-1784 at p. 9; 707 So.2d 1237 , the supreme court found that "Reliance on an *1204 unlawful company policy does not constitute a good faith non-arbitrary defense to liability for unpaid wages." See also Picard, 98-1933; 742 So.2d 589 . | 1 | 2001–2001 |
Hebert v. Insurance Center, Inc.
green
2 sentences1998Id. quoting Carriere v. Pee Wee's Equipment Co., 364 So.2d 555, 557 (La. 1978). [2] "Reliance on an unlawful company policy does not constitute a good faith non-arbitrary defense to liability for unpaid wages." Beard , 97-1784, p. 9; 707 So.2d at 1237 . [3] "`Where there is a bona fide dispute over the amount of wages due, courts will not consider failure to pay as arbitrary refusal and generally will refuse to award penalties.'" Hebert , 97-298, p. 9; 706 So.2d at 1013 (quoting Barrilleaux v. Franklin Found. 1998Id. quoting Carriere v. Pee Wee's Equipment Co., 364 So.2d 555, 557 (La. 1978). [2] "Reliance on an unlawful company policy does not constitute a good faith non-arbitrary defense to liability for unpaid wages." Beard , 97-1784, p. 9; 707 So.2d at 1237 . [3] "`Where there is a bona fide dispute over the amount of wages due, courts will not consider failure to pay as arbitrary refusal and generally will refuse to award penalties.'" Hebert , 97-298, p. 9; 706 So.2d at 1013 (quoting Barrilleaux v. Franklin Found. | 1 | 1998–1998 |
Soday v. Mall Snacks, Inc.
green
1 sentence1988Soday v. Mall Snacks, Inc., 374 So.2d 138 (La.App. 1 Cir.1979). | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.