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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. For purposes of this Section, "bonus" shall mean any additional sum of13
money paid by an employer over and above and in addition to wage or salary14
required to be paid.15
B. A bonus payment shall not be due unless all conditions pursuant to the16
employer's policy have been met.17
C. In the event of a dispute as to a bonus payment after separation from18
employment, the employee shall first file a detailed written complaint with the19
employer. If the complaint is not resolved within ninety days, the employee may20 HLS 10RS-1546 ENGROSSED
HB NO. 1079
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then proceed to file an action in district court to recover the disputed amount plus1
reasonable attorney fees, court costs, and judicial interest from the date of first2
demand until payment by the employer.3
D. There shall be no interruption of the one-year prescriptive period for4
filing a court action resulting from a plaintiff's giving or failing to give notice of a5
complaint, or during the pendency of the employer's investigation and attempt to6
resolve the complaint.7
E. The provisions of this Section shall not apply when there is a collective8
bargaining agreement between the employer and the laborer or other employee that9
provides otherwise.10
* * *11
§633. Payment twice monthly for certain occupations; penalty for violations12
* * *13
F. The provisions of this Section shall not apply to bonus payments.14
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 15 days following the date of discharge.
Proposed law provides that the provisions of present law shall not apply to bonus payments.
Commissions are not to be considered bonus payments.
Proposed law provides that a bonus shall be defined as any additional sum of money paid
by an employer over and above and in addition to wage or salary required to be paid.
Proposed law further provides that when a bonus payment is in dispute, the employee shall
first submit in writing a detailed complaint to the employer.
Proposed law provides that if the complaint is not resolved within 90 days the employee may
file an action in district court for the amount of the bonus payment, reasonable attorney fees,
court costs, and judicial interest from the date of the first demand until payment by the
employer. HLS 10RS-1546 ENGROSSED
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Proposed law provides there shall be no interruption of the one-year prescriptive period for
filing a court action or during the pendency of the employer's investigation. The proposed
law shall not apply to collective bargaining agreements.
(Adds R.S. 23:631(E), 631.1, and 633(F))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Labor and Industrial
Relations to the original bill.
1. Made technical amendments.
2. Added a requirement that employee complaints be detailed.
3. Changed provision that written complaints be made in a reasonable time period
to within 90 days.
4. Added provision that there shall be no interruption of the one-year prescriptive
period for filing a court action during the pendency of the employer's
investigation and attempt to resolve the complaint.