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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, 2014 ENROLLED
SENATE BILL NO. 359
BY SENATOR DONAHUE
AN ACT1
To amend and reenact R.S. 23:332(A) and (H)(3) and 632, relative to wages; to provide with2
respect to employers' failure to pay wages; to provide for penalties; to provide for3
limitation of penalties; to provide for good faith exception; to provide with respect4
to employment discrimination; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:332(A) and (H)(3) and 632 are hereby amended and reenacted to7
read as follows: 8
§332. Intentional discrimination in employment9
A. It shall be unlawful discrimination in employment for an employer to10
engage in any of the following practices:11
(1) Intentionally fail or refuse to hire or to discharge any individual, or12
otherwise to intentionally discriminate against any individual with respect to his13
compensation, or his terms, conditions, or privileges of employment, because of the14
individual's race, color, religion, sex, or national origin.15
(2) Intentionally limit, segregate, or classify his employees or applicants for16
employment in any way which would deprive or tend to deprive any individual of17
employment opportunities, or otherwise adversely affect his the individual's status18
as an employee, because of the individual's race, color, religion, sex, or national19
origin.20
(3) Intentionally pay wages to an employee at a rate less than that of21
another employee of the opposite sex for equal work on jobs in which their22
performance requires equal skill, effort, and responsibility, and which are23
performed under similar working conditions. An employer paying wages in24
violation of this Section may not reduce the wages of any other employee in25 SB NO. 359 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
order to comply with this Section.1
* * *2
H. Notwithstanding any other provision of this Section, it shall not be3
unlawful discrimination in employment for:4
* * *5
(3) An employer to apply different standards of compensation or different6
terms, conditions, or privileges of employment pursuant to a bona fide seniority or7
merit system, or a system which measures earnings by quantity or quality of8
production, or any other differential based on any factor other than sex, or to9
employees who work in different locations, provided that such differences are not10
the result of an intention to discriminate because of race, color, religion, sex, or11
national origin.12
* * *13
§632. Liability of employer for failure to pay; attorney fees ; good-faith exception14
A. Any Except as provided for in Subsection B of this Section, any15
employer who fails or refuses to comply with the provisions of R.S. 23:631 shall be16
liable to the employee either for ninety days wages at the employee's daily rate of17
pay, or else for full wages from the time the employee's demand for payment is made18
until the employer shall pay or tender the amount of unpaid wages due to such19
employee, whichever is the lesser amount of penalty wages.20
B. When the court finds that an employer’s dispute over the amount of21
wages due was in good faith, but the employer is subsequently found by the22
court to owe the amount in dispute, the employer shall be liable only for the23
amount of wages in dispute plus judicial interest incurred from the date that the24
suit is filed. If the court determines that the employer’s failure or refusal to pay25
the amount of wages owed was not in good faith, then the employer shall be26
subject to the penalty provided for in Subsection A of this Section.27
C. Reasonable attorney fees shall be allowed the laborer or employee by the28
court which shall be taxed as costs to be paid by the employer, in the event a well-29
founded suit for any unpaid wages whatsoever be filed by the laborer or employee30 SB NO. 359 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
after three days shall have elapsed from time of making the first demand following1
discharge or resignation.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: