SLS 10RS-860 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 481
BY SENATOR RISER
EMPLOYMENT. Provides relative to bonus payments to employees. (8/15/10)
AN ACT1
To enact R.S. 23:631(E), 631.1, 631.2, and 633(F), relative to bonus payments to2
employees; to provide for when bonus payments may or may not be due; to provide3
relative to disputes as to bonus payments being due to an employee; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:631(E), 631.1, 631.2, and 633(F) are hereby enacted to read as7
follows: 8
§631. Discharge or resignation of employees; payment after termination of9
employment10
* * *11
E. The provisions of this Section shall not apply to bonus payments as12
defined in R.S. 23:631.1.13
* * *14
§631.1. Bonus payment definition15
A. A "bonus payment" is a sum of money added to a person's wages for16
good performance.17 SB NO. 481
SLS 10RS-860 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. A bonus payment shall not include payment of commissions.1
§631.2. Disputed bonus payments2
A. A bonus payment shall not be due unless all conditions pursuant to3
the employer's policy have been met.4
B. In the event of a dispute as to a bonus payment after separation from5
employment, the following steps may be taken:6
(1) The employee shall first file a written complaint with the employer.7
(2) If the complaint is not resolved within a reasonable period of time,8
the employee may report the complaint to the Louisiana Workforce9
Commission.10
(3) Only if the complaint is not resolved within the Louisiana Workforce11
Commission may the employee then proceed to file an action in the district12
court to recover the disputed bonus amount, plus attorney fees, court costs, and13
judicial interest from the date of the first demand until payment by the14
employer.15
C. No interruption of the one-year prescriptive period for filing a court16
action shall result from the plaintiff's giving or failing to give notice of a17
complaint, or during the pendency of any administrative process, as required18
by Subsection B of this Section.19
D. The provisions of this Section shall not apply when a collective20
bargaining agreement exists between the employer and the worker or other21
employee that provides otherwise.22
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§633. Payment twice monthly for certain occupations; penalty for violations24
* * *25
F. The provisions of this Section shall not apply to bonus payments as26
defined in R.S. 23:631.1.27 SB NO. 481
SLS 10RS-860 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
Present law contains no provisions specifically for considering bonus payments in the
payment due to employees.
Proposed law provides a definition for a bonus payment.
Proposed law provides for the resolution of disputed bonus payments after an employee
separates from his employment.
Effective August 15, 2010.
(Adds R.S. 23:631(E), 631.1, 631.2, and 633(F))