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La. Rev. Stat. § 23:631 (2026)

Discharge or resignation of employees; payment after termination of employment

✓ current as of May 2026
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CHAPTER 6. PAYMENT OF EMPLOYEES

§631. Discharge or resignation of employees; payment after termination of employment

           A.(1)(a) Upon the discharge of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday or no later than fifteen days following the date of discharge, whichever occurs first.

           (b) Upon the resignation of any laborer or other employee of any kind whatever, it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment, whether the employment is by the hour, day, week, or month, on or before the next regular payday for the pay cycle during which the employee was working at the time of separation or no later than fifteen days following the date of resignation, whichever occurs first.

           (2) Payment shall be made at the place and in the manner which has been customary during the employment, except that payment may be made via United States mail to the laborer or other employee, provided postage has been prepaid and the envelope properly addressed with the employee's or laborer's current address as shown in the employer's records. In the event payment is made by mail the employer shall be deemed to have made such payment when it is mailed. The timeliness of the mailing may be shown by an official United States postmark or other official documentation from the United States Postal Service.

           (3) The provisions of this Subsection shall not apply when there is a collective bargaining agreement between the employer and the laborer or other employee which provides otherwise.

           B. In the event of a dispute as to the amount due under this Section, the employer shall pay the undisputed portion of the amount due as provided for in Subsection A of this Section. The employee shall have the right to file an action to enforce such a wage claim and proceed pursuant to Code of Civil Procedure Article 2592.

           C. With respect to interstate common carriers by rail, a legal holiday shall not be considered in computing the fifteen-day period provided for in Subsection A of this Section.

           D.(1) For purposes of this Section, vacation pay will be considered an amount then due only if, in accordance with the stated vacation policy of the person employing such laborer or other employee, both of the following apply:

           (a) The laborer or other employee is deemed eligible for and has accrued the right to take vacation time with pay.

           (b) The laborer or other employee has not taken or been compensated for the vacation time as of the date of the discharge or resignation.

           (2) The provisions of this Subsection shall not be interpreted to allow the forfeiture of any vacation pay actually earned by an employee pursuant to the employer's policy.

           E. (1) For purposes of this Section and R.S. 23:634, compensation available in the form of commission, incentive pay, or bonus shall be considered an amount then due only if, at the time of separation, the compensation has been earned and not modified in accordance with a written policy addressing the commission, incentive pay, or bonus.

           (2) The following provisions shall be lawful:

           (a) A policy providing for adjustments to the amount based on changes to the order generating a commission which affects the amount of the commission.

           (b) A policy providing that a payment to the laborer or employee is not earned unless and until the employer has received the payment which generates the commission, incentive pay, or bonus.

           (3) In the case of a bonus, the amount of which is determined by financial information reflecting the employee's or employer's performance on an annual, quarterly, or other periodic basis, a reasonable amount of time, not to exceed one hundred twenty calendar days from the end of such periodic basis, shall be allowed based on standard accounting practices used by the employer to make the determination as to whether a bonus is due and the amount thereof.

           F. The provisions of this Section and R.S. 23:634 shall not apply to profits interest granted or issued by an entity taxed as a partnership for federal income tax purposes.

           Amended by Acts 1977, No. 317, §1; Acts 1988, No. 602, §1; Acts 1995, No. 325, §1; Acts 1997, No. 56, §1; Acts 2001, No. 1171, §1; Acts 2003, No. 699, §1; Acts 2024, No. 556, §1, eff. August 1, 2024; Acts 2025, No. 113, §1, eff. August 1, 2025.


Notes of Decisions
Cited in 484 cases (58 in the last 5 years), 1951–2026 · leading case: Wyatt v. Avoyelles Par. Sch. Bd., 831 So. 2d 906 (La. 2002).
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Wyatt v. Avoyelles Par. Sch. Bd., 831 So. 2d 906 (La. 2002). · cites it 37× “R.S. 23:631 or La. R.S. 23:634. For the reasons that follow, we conclude that such a policy is not illegal.”
Goulas v. B & B Oilfield Servs., Inc., 69 So. 3d 750 (La. Ct. App. 2011). · cites it 26× “R.S. 23:631 and La. R.S. 23:632. The employer filed an exception of unauthorized use of summary proceedings based on the assertion that both employees’ claims for unpaid wages were novated, one by written agreement, the other by oral agreement.”
Boudreaux v. Hamilton Med. Grp., 644 So. 2d 619 (La. 1994). · cites it 16× “R.S. 23:631 and 632 for failure to timely compensate an employee upon discharge or resignation for the amount then due.”
Jeansonne v. SCHMOLKE, 40 So. 3d 347 (La. Ct. App. 2010). · cites it 13× “R.S. 23:631 and 23:632 to the plaintiff, Nicole Jeansonne, and determined that she was also entitled to reasonable attorney’s fees and costs.”
Becht v. Morgan Bldg. & Spas, Inc., 843 So. 2d 1109 (La. 2003). · cites it 9× “R.S. 23:631 are present in the stipulation.”
Beard v. Summit Inst., 707 So. 2d 1233 (La. 1998). · cites it 13× “00, Summit refused, claiming that she had abandoned her position and therefore forfeited her right to vacation pay under Summit's policy.”
Slaughter v. Bd. of Supervisors of S. Univ. & Agric. & Mech. Coll., 76 So. 3d 438 (La. Ct. App. 2011). · cites it 12× “R.S. 23:631, et seq., provides for payment of wages due after termination of employment.”
Dixon v. City of Alexandria, 222 So. 3d 739 (La. Ct. App. 2017). · cites it 32× “R.S. 23:631 and La,R.S. 23:632. In pretrial proceedings, the trial court denied various exceptions, including an exception of no cause of action.”
Dillon v. Toys R Us-Delaware Corp., 221 So. 3d 876 (La. Ct. App. 2017). · cites it 11× “R.S. 23:631 and 632. In response to the Rule to Show Cause, Toys R Us filed an exception of no cause of action.”
Davis v. St. Francisville Country Manor, L.L.C., 136 So. 3d 20 (La. Ct. App. 2013). · cites it 17× “1 and 2) The Louisiana Wage Payment Act, LSA-R.S. 23:631 et seq., is designed to compel prompt payment of earned wages upon an employee’s discharge or resignation.”
Picard v. Vermilion Par. Sch. Bd., 742 So. 2d 589 (La. Ct. App. 1999). · cites it 20× “R.S. 23:631, et seq. Defendant's annual leave policy does not address how unused, accrued annual leave (vacation) is handled when an employee is terminated or voluntarily leaves.”
Knight v. Tucker, 210 So. 3d 407 (La. Ct. App. 2016). · cites it 10× “R.S. 23:631, et seq., seeking unpaid wages, 90 days’ penalty wages and attorney fees, and also overtime compensation and liquidated damages under the federal Fair Labor Standards Act (“FLSA”), 29 U.”
Show all 484 citing cases →
La. Rev. Stat. § 23:631(A): 35 cases
Wyatt v. Avoyelles Par. Sch. Bd., 831 So. 2d 906 (La. 2002). “R.S. 23:631 or La. R.S. 23:634. For the reasons that follow, we conclude that such a policy is not illegal.”
Haber v. Ocean Canyon Props., Inc., 251 So. 3d 454 (La. Ct. App. 2018).
Davis v. St. Francisville Country Manor, L.L.C., 136 So. 3d 20 (La. Ct. App. 2013). “1 and 2) The Louisiana Wage Payment Act, LSA-R.S. 23:631 et seq., is designed to compel prompt payment of earned wages upon an employee’s discharge or resignation.”
Beard v. Summit Inst., 707 So. 2d 1233 (La. 1998). “00, Summit refused, claiming that she had abandoned her position and therefore forfeited her right to vacation pay under Summit's policy.”
Picard v. Vermilion Par. Sch. Bd., 783 So. 2d 590 (La. Ct. App. 2001).
La. Rev. Stat. § 23:631(A)(1): 2 cases
Haber v. Ocean Canyon Props., Inc., 251 So. 3d 454 (La. Ct. App. 2018).
Boudreaux v. Hydraulic Rebuilders & Serv. Co., 713 So. 2d 1148 (La. Ct. App. 1998).
La. Rev. Stat. § 23:631(A)(1)(a): 31 cases
Haber v. Ocean Canyon Props., Inc., 251 So. 3d 454 (La. Ct. App. 2018).
Assaleh v. Sherwood Forest Country Club Inc., 991 So. 2d 67 (La. Ct. App. 2008).
Smith v. Acadiana Mortg. of Louisiana, Inc., 975 So. 2d 143 (La. Ct. App. 2008).
Williams v. Dolgencorp, Inc., 888 So. 2d 260 (La. Ct. App. 2004).
Winkle v. Advance Prods. & Sys., Inc., 721 So. 2d 983 (La. Ct. App. 1998).
La. Rev. Stat. § 23:631(A)(1)(b): 9 cases
Wyatt v. Avoyelles Par. Sch. Bd., 831 So. 2d 906 (La. 2002). “R.S. 23:631 or La. R.S. 23:634. For the reasons that follow, we conclude that such a policy is not illegal.”
Beard v. Summit Inst., 707 So. 2d 1233 (La. 1998). “00, Summit refused, claiming that she had abandoned her position and therefore forfeited her right to vacation pay under Summit's policy.”
West v. Bruner Health Grp., Inc., 866 So. 2d 260 (La. Ct. App. 2003).
Gordon v. Hurlston, 854 So. 2d 469 (La. Ct. App. 2003).
Molina v. Oilfield Prod. Contractors, Inc., 241 So. 3d 337 (La. Ct. App. 2017).
La. Rev. Stat. § 23:631(A)(2): 4 cases
Miller v. Heidi's Inc. of Baton Rouge, 818 So. 2d 959 (La. Ct. App. 2002).
Boudreaux v. Hydraulic Rebuilders & Serv. Co., 713 So. 2d 1148 (La. Ct. App. 1998).
Red Ball Oxygen, Inc. v. Swilley, 82 So. 3d 360 (La. Ct. App. 2011).
Moore v. MW Servicing, LLC (E.D. La. 2023).
La. Rev. Stat. § 23:631(A)(l)(a): 10 cases
Martin v. Spring Break '83 Prod., LLC, 797 F. Supp. 2d 719 (E.D. La. 2011).
King v. Univ. Healthcare Sys. L.C., 645 F.3d 713 (5th Cir. 2011).
Kidder v. Statewide Transp., Inc., 129 So. 3d 875 (La. Ct. App. 2013).
Newsom v. Global Data Sys., Inc., 107 So. 3d 781 (La. Ct. App. 2012).
Caillet v. Regions Fin. Corp., 282 F.R.D. 406 (W.D. La. 2012).
La. Rev. Stat. § 23:631(A)(l)(a)(2011): 1 case
Martin v. Spring Break '83 Prod., LLC, 797 F. Supp. 2d 719 (E.D. La. 2011).
La. Rev. Stat. § 23:631(A)(l)(b): 3 cases
Davis v. St. Francisville Country Manor, L.L.C., 136 So. 3d 20 (La. Ct. App. 2013). “1 and 2) The Louisiana Wage Payment Act, LSA-R.S. 23:631 et seq., is designed to compel prompt payment of earned wages upon an employee’s discharge or resignation.”
Dugas v. Aaron Rents, Inc., 839 So. 2d 1205 (La. Ct. App. 2003).
Kern v. River City Ford, Inc., 754 So. 2d 978 (La. Ct. App. 1999).
La. Rev. Stat. § 23:631(B): 22 cases
Jeansonne v. SCHMOLKE, 40 So. 3d 347 (La. Ct. App. 2010). “R.S. 23:631 and 23:632 to the plaintiff, Nicole Jeansonne, and determined that she was also entitled to reasonable attorney’s fees and costs.”
Dillon v. Toys R Us-Delaware Corp., 221 So. 3d 876 (La. Ct. App. 2017). “R.S. 23:631 and 632. In response to the Rule to Show Cause, Toys R Us filed an exception of no cause of action.”
Boudreaux v. Hamilton Med. Grp., 644 So. 2d 619 (La. 1994). “R.S. 23:631 and 632 for failure to timely compensate an employee upon discharge or resignation for the amount then due.”
Monroe v. Physicians Behavioral Hosp., LLC, 147 So. 3d 787 (La. Ct. App. 2014).
Tompkins v. Schering Corp., 441 So. 2d 455 (La. Ct. App. 1983).
La. Rev. Stat. § 23:631(B)(2011): 1 case
Martin v. Spring Break '83 Prod., LLC, 797 F. Supp. 2d 719 (E.D. La. 2011).
La. Rev. Stat. § 23:631(D): 14 cases
Wyatt v. Avoyelles Par. Sch. Bd., 831 So. 2d 906 (La. 2002). “R.S. 23:631 or La. R.S. 23:634. For the reasons that follow, we conclude that such a policy is not illegal.”
Knight v. Tucker, 210 So. 3d 407 (La. Ct. App. 2016). “R.S. 23:631, et seq., seeking unpaid wages, 90 days’ penalty wages and attorney fees, and also overtime compensation and liquidated damages under the federal Fair Labor Standards Act (“FLSA”), 29 U.”
Davis v. St. Francisville Country Manor, L.L.C., 136 So. 3d 20 (La. Ct. App. 2013). “1 and 2) The Louisiana Wage Payment Act, LSA-R.S. 23:631 et seq., is designed to compel prompt payment of earned wages upon an employee’s discharge or resignation.”
Chapman v. Ebeling, 945 So. 2d 222 (La. Ct. App. 2006).
Williams v. Dutchtown Pharmacy, L.L.C., 24 So. 3d 221 (La. Ct. App. 2009).
La. Rev. Stat. § 23:631(D)(1): 2 cases
Kingsbery v. David Paddison, Attorney-at-Law LLC (E.D. La. 2021).
Kingsbery v. David Paddison, Attorney-at-Law LLC (E.D. La. 2021).
La. Rev. Stat. § 23:631(D)(2): 5 cases
Wyatt v. Avoyelles Par. Sch. Bd., 831 So. 2d 906 (La. 2002). “R.S. 23:631 or La. R.S. 23:634. For the reasons that follow, we conclude that such a policy is not illegal.”
Davis v. St. Francisville Country Manor, L.L.C., 136 So. 3d 20 (La. Ct. App. 2013). “1 and 2) The Louisiana Wage Payment Act, LSA-R.S. 23:631 et seq., is designed to compel prompt payment of earned wages upon an employee’s discharge or resignation.”
Picard v. Vermilion Par. Sch. Bd., 742 So. 2d 589 (La. Ct. App. 1999). “R.S. 23:631, et seq. Defendant's annual leave policy does not address how unused, accrued annual leave (vacation) is handled when an employee is terminated or voluntarily leaves.”
Kately v. Global Data Sys., Inc., 926 So. 2d 145 (La. Ct. App. 2006).
Semien v. GEO Grp., Inc., 52 So. 3d 1019 (La. Ct. App. 2010).
La. Rev. Stat. § 23:631(l)(a): 1 case
Avila v. Sanofi-Aventis, U.S., 90 So. 3d 1132 (La. Ct. App. 2012).
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