HLS 10RS-1546 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1079
BY REPRESENTATIVE PONTI
EMPLOYMENT/WAGES: Provides relative to the payment of wages
AN ACT1
To enact R.S.23:631(E), 631.1, and 633(F), relative to the payment of wages; to provide that2
bonus payments shall not be due unless all conditions pursuant to the employer's3
policy have been met; to provide for a complaint procedure; to provide for legal4
recourse; to provide for the definition of bonus; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S.23:631(E), 631.1, and 633(F) are hereby enacted to read as follows:7
§631. Discharge or resignation of employees; payment after termination of8
employment9
* * *10
E. The provisions of this Section shall not apply to bonus payments.11
§631.1 Disputed bonus payments12
A. A bonus payment shall not be due unless all conditions pursuant to the13
employer's policy have been met.14
B. In the event of a dispute as to a bonus payment after separation from15
employment, the employee shall first file a written complaint with the employer. If16
the complaint is not resolved within a reasonable period of time, the employee may17
report the complaint to the Louisiana Workforce Commission. Only if the18
complaint is not resolved by the Louisiana Workforce Commission may the19
employee then proceed to file an action in district court to recover the disputed20 HLS 10RS-1546 ORIGINAL
HB NO. 1079
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are additions.
amount plus reasonable attorney fees, court costs and judicial interest from the date1
of first demand until payment by the employer.2
C. There shall be no interruption of the one-year prescriptive period for filing3
a court action resulting from a plaintiff's giving or failing to give notice of a4
complaint, or during the pendency of any administrative process, as required in5
Subsection B of this Section.6
D. For purposes of this Section, "bonus" shall mean any additional sum of7
money paid by an employer over and above and in addition to wage or salary8
required to be paid.9
E. The provisions of this Section shall not apply when there is a collective10
bargaining agreement between the employer and the laborer or other employee that11
provides otherwise.12
* * *13
§633. Payment twice monthly for certain occupations; penalty for violations14
* * *15
F. The provisions of this Section shall not apply to bonus payments.16
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ponti HB No. 1079
Abstract: Provides for the payment of bonuses under certain circumstances.
Present law provides that upon discharge of an employee, it shall be the duty of the person
employing the employee to pay the amount due under the terms of employment on the next
regular payday or no later than fifteen days following the date of discharge.
Proposed law retains present law and adds that the provisions of present law shall not apply
to bonus payments.
Proposed law provides that a bonus payment shall not be due unless all conditions pursuant
to the employer's policy have been met. Further provides that when a bonus payment is in
dispute, the employee shall first submit in writing a complaint to the employer. If the
complaint is not resolved in a reasonable time period a report shall be made with the
Louisiana Workforce Commission. Only if the complaint is not resolved by the commission
will the employee be permitted to file an action in district court for the amount of the bonus
payment in dispute, reasonable attorney fees, court costs and judicial interest from the date
of the first demand until payment by the employer. Also provides there shall be no HLS 10RS-1546 ORIGINAL
HB NO. 1079
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interruption of the one-year prescriptive period for filing a court action and proposed law
shall not apply to collective bargaining agreements.
Present law requires an employer to inform his employees at the time of hire of: the amount
of wages to be paid, the method in which wages are paid, and the frequency of payment. If
an employer fails to designate paydays, he must pay his employees on the 1
st
and 16
th
days
of the month or as near as is practicable to those days. Present law further provides for the
payment of employees engaged in manufacturing of any kind, boring for oil and mining
operations. Present law requires employers to post certain employee notices regarding the
payment of wages. Present law provides for penalties for violations of present law.
Proposed law provides that the provisions of present law shall not apply to bonus payments.
(Adds R.S. 23:631(E), 631.1, and 633(F))