Unpaid Wages and Commissions
As a Louisiana employee, you're entitled to be paid for work you've already done — on time, and in full. When an employer drags their feet, disputes what's owed, or simply stops paying after you resign or are terminated, Louisiana's wage payment law gives you a way to make them pay it, plus penalties if they don't have a good reason for the delay.
At Business Law Group, our employment lawyers in New Orleans understand how Louisiana's wage payment statute works and what it takes to enforce it. Contact us at (504) 446-6506 to talk about your situation.
What Counts as Unpaid Wages
- Final paycheck — wages owed for time already worked when you resign or are terminated
- Earned commissions — commission on deals you closed or work you completed, even if your employer disputes the payout timing or amount
- Unpaid overtime — hours worked over 40 in a week that weren't paid at time-and-a-half
- Accrued vacation or PTO, if your employer's policy or agreement provides for payout
- Draws against commission that were never reconciled or paid out
Your Rights Under Louisiana Law
Prompt Final Payment
Louisiana law requires your employer to pay all amounts due within a set window after you resign or are terminated — not "whenever they get around to it."
Penalty Wages
If your employer withholds payment in bad faith, Louisiana law can require them to pay penalty wages — on top of what you were already owed.
Attorney's Fees
Louisiana's wage payment law allows for recovery of attorney's fees in a successful claim, which changes the math on whether pursuing what you're owed makes sense.
What This Looks Like
"They said my commission wasn't final."
Commission disputes are common when an employer redefines what counts as a "closed" deal after you've already done the work, or after you've left the company.
"They said the check is coming."
Weeks turn into months. If your former employer has no legitimate dispute about the amount, delay alone can trigger penalty wages.
"I never got my last paycheck at all."
Even a straightforward final paycheck can get tangled in HR turnover, payroll errors, or a manager who simply never processed it — that doesn't make it any less owed.
If You Believe You're Owed Wages or Commission
- Gather your documentation — pay stubs, your commission plan or offer letter, any emails discussing the amount owed.
- Put your demand in writing to your employer if you haven't already — this often matters for how the law treats what happens next.
- Track the calendar — how long it's been since you separated or since the amount became due.
- Talk to an employment attorney before assuming there's nothing to be done, especially if the amount is significant or the delay has already stretched on for a while.
Ready to talk to someone? Complete our employee intake form and we'll follow up.
Employee FAQ — Wage & Commission Claims
Is my employer allowed to just not pay my last paycheck?
No. Louisiana law sets a timeline for final payment after separation, and an employer who ignores it without a legitimate dispute over the amount can be on the hook for more than just the original wages owed.
My employer says my commission isn't "earned" yet — is that true?
It depends entirely on the language in your commission plan or employment agreement. This is one of the most common and most fact-specific disputes we see — what counts as "earned" is often defined (or left ambiguous) in the plan itself.
I'm a 1099 contractor, not an employee — does this still apply to me?
Louisiana's wage payment statute is built around an employer-employee relationship. If you were classified as an independent contractor, your claim likely runs through a different legal path — breach of contract — rather than this statute. Worth discussing either way.
How much do I need to be owed for this to be worth pursuing?
There's no fixed rule, but the practical reality is that small amounts may not justify the time and cost of pursuing a claim, while larger amounts — especially with clear documentation — often do. This is worth a direct conversation rather than guessing on your own.
Talk to an Employment Law Attorney in New Orleans
If you believe your employer owes you wages or commission they haven't paid, we can help you understand where you stand and what recovering it would actually involve.
Contact us using our online form or by calling (504) 446-6506 to schedule a consultation.
Schedule a Consultation