Donahue (SB 359) Act No. 750
Prior law provided for unlawful intentional discrimination in employment.
New law provides that intentional discrimination in employment includes if an employer
who intentionally pay wages to an employee at a rate less than that of another employee of
the opposite sex for equal work on jobs in which their performance requires equal skill,
effort, and responsibility, and which are performed under similar working conditions.
Prohibits an employer from reducing wages of any other employee in order to comply with
new law.
New law provides that it is not unlawful discrimination in employment for an employer to
apply different standards of compensation or different terms, conditions or privileges of
employment pursuant to any other differential based on any factor other than sex.
Prior law provided that upon the discharge of any laborer or other employee of any kind, it
shall be the duty of the person employing such laborer or other employee to pay the amount
then due under the terms of employment, whether the employment is by the hour, day, week,
or month, on or before the next regular payday or no later than 15 days following the date of
discharge, whichever occurs first.
Prior law provided that any employer who fails or refuses to pay wages to an employee who
has been discharged shall be liable to the employee either for 90 days wages at the
employee's daily rate of pay, or else for full wages from the time the employee's demand for
payment is made until the employer shall pay or tender the amount of unpaid wages due to
such employee, whichever is the lesser amount of penalty wages. Prior law provided that
reasonable attorney fees shall be allowed the laborer or employee by the court which shall
be taxed as costs to be paid by the employer, in the event a well-founded suit for any unpaid
wages whatsoever be filed by the laborer or employee after three days shall have elapsed
from time of making the first demand following discharge or resignation.
New law creates a good faith exception so that, when an employer disputes the amount of
wages due and is subsequently found by the court to owe the amount in dispute, the employer
shall be liable only for the amount of wages in dispute plus judicial interest incurred from
the date that the suit is filed but the employer will not be liable for the penalty wages, so long
as the employer was in good faith.
New law provides that if the court determines that the employer's failure or refusal to pay the
amount of wages owed, was not in good faith, then the employer shall be subject to the
penalty provided for in prior law.
Effective August 1, 2014.
(Amends R.S. 23:332(A) and (H)(3) and 632)